City of Peekskill, NY Supplementary District Regulations

No automobile facility or public garage shall be located within 400 feet as measured along the street line or the boundary line of any residence district or of any school, place of worship, park, playground, hospital or public library or any place of public assembly designed for the simultaneous use of 100 persons or more.

No automobile gasoline service station and no gasoline or oil pump or auto service appliance, unless within a building, shall be permitted on a lot that is within 800 feet, as measured from the closest property line of each, of another lot on which there is an existing automobile gasoline service station or outdoor gasoline or oil pump or auto service appliance, or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance.

No building which houses an automobile facility shall be within 50 feet of any street line. No gasoline or oil pump or service appliance shall be within 20 feet of any street line. No access point shall be within 50 feet of an intersection of two streets.

Where storage of such materials is permitted, all automobile parts, wrecked or damaged motor vehicles or similar articles shall be stored within a building. In no case shall any vehicle requiring repair be stored outdoors for a period exceeding two days. All repair work shall be conducted fully within an enclosed building.

No building which houses an automobile facility shall be located closer than 30 feet to a residential property line or residential zone district boundary.

Minimum lot size; minimum lot dimensions.

No automobile facility or public garage shall be permitted on a lot with lot size or dimensions less than that required for the district in which the lot is located.

Multiple uses on a lot. When more than one automobile facility is located on one lot, the minimum square footage for the district shall be required for each use. For facilities located in the C-1, C-1A, M-2 and M-3 Districts, the minimum areas are prescribed below.

Regardless of the minimum lot area required for the district, the minimum area designated for each minor auto repair facility shall be 10,000 square feet for the first bay and 5,000 square feet per bay for each additional bay.

Regardless of the minimum lot area required for the district, the minimum area designated for each major auto repair facility and auto body and paint shop shall be 10,000 square feet per bay for each bay.

Landscaping and screening requirements.

Front yard landscaping. Automobile facilities shall have a front landscaped strip for 2/3 of the street frontage consisting of at least one street tree and planted with no more than 25% of grassy area.

Side and rear yard landscaping and screening. A fifteen-foot landscaped buffer will be required for all automobile facilities abutting residential uses and/or residential zone districts. The landscaped island will include:

A decorative fence of no less than six feet in height which will screen at a minimum all parking areas, pumps and outdoor displays.

Trees planted along the fence of no less than two-and-one-half-inch caliper deciduous or evergreens five feet in height and planted no more than 15 feet on center.

A planting strip other than grassed area with a minimum 10 feet in width and properly curbed to protect the plantings and fence.

Foundation planting. A raised planter with a minimum depth of five feet shall be installed on all sides of the building which are exposed to the street or visible from adjacent residential properties, but exclusive of entryways.

All dumpsters and refuse storage areas shall be fully screened from the street and adjacent properties.

Internal circulation and vehicle reservoir capacity.

The paved areas on the site for automobile facilities shall be laid out so as to provide for automobile circulation and loading sufficiently free as to preclude vehicles waiting on the street or blocking the right-of-way before gaining entrance.

Parking shall be provided as per § 575-33G(2) of these regulations.

A minimum of four stacking spaces per pump island side will be required for automobile gasoline service stations.

Convenience stores as accessory use to an automobile gasoline service station.

Convenience stores as defined in § 575-60 may be permitted as an accessory use to automobile gasoline service stations if the applicant can demonstrate to the satisfaction of the Planning Commission that it meets the following minimum standards:

In addition to other parking requirements, one parking space per 300 square feet of retail space shall be provided on site.

No video games are included within the proposed video store.

Hours of operation shall be from 6:00 a.m. to 12:00 p.m.; however, the Planning Commission, at its sole discretion, may further limit the hours of operation to limit potential impacts on adjoining uses.

No more than 1/3 of the gross floor area of the building shall be used for the convenience store.

Convenience stores shall not be permitted as an accessory use unless the property meets the minimum bulk requirements for the zoning district in which it is located.

§ 575-11 Minimum livable floor area.

In a One-Family Residence R-1 District the minimum livable floor area for one-family houses shall be 1,200 square feet, and in a One-Family Residence R-2 District such area shall be 1,000 square feet. In all other residence districts the minimum livable floor area for one-family houses shall be 1,000 square feet. For two-, three- or four-family houses in any district, the minimum livable floor area shall be 600 square feet per unit.

§ 575-12 Off-street parking.

Off-street parking.

Wherever an off-street parking area of three or more spaces faces a street or a property line in a residential district, a planting area of a minimum width of three feet with plantings at least three feet high planted three feet on center shall be provided between the parking area and the sidewalk, or where no sidewalk exists, such planting strip shall be provided between the parking lot and the property line. The planting plan for this strip shall be approved by the Planning Commission as part of the site plan review.

Further, not more than 12 parking spaces shall be permitted in a continuous row and not more than 20 spaces shall be permitted in a single parking area without being interrupted by landscaping approved by the Planning Commission.

Two or more uses on the same lot. Except as specified hereinafter, where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot. In the case of two or more establishments on the same lot or on contiguous lots, the Planning Commission may approve the joint use of parking space, the total capacity of which is less than the sum of the spaces required for each and using the same driveways giving access thereto, provided that said Commission finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.

Layout and location of off-street parking facilities.

The plans for any new building or enlargement of floor area in an existing building shall show specifically the location and size of the off-street parking facilities required to comply with any applicable requirements hereof and the means of access to such space from the public streets or highways.

Each required space, exclusive of drives and aisles, shall be not less than 18 feet long nor less than nine feet wide. Each parking space shall have access from a public way or private driveway. Except as may be otherwise provided, required off-street parking facilities may be enclosed in a structure or may be located in the open, provided that all required parking facilities shall be graded, surface-drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water from entering public ways. Upon a determination by the Planning Commission that the required number of parking spaces would be greatly in excess of the need therefor of a particular use on a given lot, said Commission may waive the requirement that such spaces be surfaced to the extent that it may deem the number required to exceed the actual need therefor.

Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory or anywhere within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which the parking spaces are located. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.

[Amended 2-22-2021 by L.L. No. 1-2021]

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained throughout the life of any use or structure which said facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for the use of those persons who are employed at or making use of such structures and uses, except when dedicated to and accepted by the City as public parking areas.

Effect of parking requirements on existing uses. Structures and land uses in existence or for which building permits shall have been approved on the effective date of this chapter shall not be subject to the requirements for off-street parking spaces set forth in this chapter, provided that any parking facilities not existing to serve such structures or uses shall not, in the future, be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking facilities for such structures or uses, as well as any future enlargement or extension thereof, shall, however, be provided as a condition for the issuance of any building permit for such enlargement or extension. In case of practical difficulty or unnecessary hardship arising out of this requirement, the Zoning Board of Appeals shall require only such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but shall not waive any part of the requirement for the part of the structure or use that constitutes an enlargement or extension and shall not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of such requirements, provided that nothing herein shall be deemed to limit any power of said Board that is conferred by law. Required off-street parking facilities which, after development, are dedicated to and accepted by the City shall be deemed to continue to serve the uses or structures for which they were originally provided.

In order to prevent any increase of traffic congestion on City streets, to provide adequate space for off-street parking and maneuvering, to encourage the use of off-street parking space by automobile operators and for the purpose of assuring that space designed for off-street parking does not adversely affect abutting properties or the surrounding neighborhood, the following regulations shall apply in all residential districts, and on all lots in any other district used for residential purposes:

[Added 6-9-2003 by L.L. No. 9-2003; amended 5-14-2007 by Ord. No. 3-2007; 5-12-2008 by L.L. No. 7-2008; 5-26-2009 by L.L. No. 12-2009; 12-14-2009 by L.L. No. 20-2009; 12-27-2010 by L.L. No. 2-2011]

Driveways and other off-street parking areas shall be well defined and constructed of asphalt, concrete, brick pavers, stone pavers or gravel. Additionally, surface or subsurface water shall not be directed to adjacent parcels for all driveways and/or parking areas.

Each lot shall contain no more than one curb cut constructed pursuant to § 505-10.

All driveways shall be laid out and constructed as directly as possible from the curb cut to the residential structure, the side yard as permitted below, or garage.

The following regulations shall apply to new driveways and parking areas to be constructed (pursuant to a building permit) on vacant parcels as part of the construction of a new residential structure on or after the effective date of this subsection. The design for a new driveway or parking area shall incorporate the most current stormwater management regulations in place at the time of application.

The driveway shall be no wider than 10 feet wide.

All driveways must lead directly to a garage.

Where an attached garage is provided the driveway shall be no wider than 10 feet wide per garage bay, with a maximum of two bays and, except as is provided in Subsection G(8)(a) below for additional off-street parking, shall not extend past the side of the residential structure.

Where a detached garage is provided the driveway shall be no wider than 10 feet, but may be increased to the width of the garage 20 feet in front of the front wall of the garage structure (maximum of two bays).

The following regulations shall apply to all improved parcels in existence on the effective date of this subsection and do not currently have off-street parking. The applicant shall design off-street parking using one of the options listed below as follows:

Not more than 400 square feet of a rear yard, not to exceed 50% thereof, may be paved with asphalt, concrete, brick pavers, or stone pavers for a parking area. The 400 square feet of parking area shall be located no closer than two feet from a side or rear property line.

Paving in a side yard may not be more than 10 feet wide for a parking area.

If parking cannot be achieved in accordance with Subsection G(5)(a) and (b) above, then not more than 200 square feet of a front yard may be paved with brick pavers or stone pavers or other decorative material that is acceptable to the City. This parking area may be increased by an additional 200 square feet with the addition of a four-foot planting strip to provide adequate screening from adjacent parcels.

The provisions of Subsection G(5) above shall not be applied to any nonconforming driveway or parking area that was in existence on the effective date of this subsection unless and until such driveway or parking area shall be reconfigured or expanded, at which time the driveway or parking area shall be reconfigured or expanded in compliance with Subsection G(5) above.

All driveways and additional parking areas are considered to be impervious surfaces and shall be included in calculating the area of total impervious surfaces located on a lot regardless of the materials of which they are constructed.

(8)

One additional off-street parking space as defined in § 575-60 beyond that provided on a permitted driveway may also be provided in the following locations:

On the side of the main garage structure provided that an attached garage or a garage going under the residential structure has been constructed; such space shall be no closer to the street than the front plane of the residential structure with access from the driveway, but no such additional parking area shall encroach into any required side yard.

In the rear yard as either an extension of any additional side yard parking area allowed under Subsection G(5)(b) above or as a one-space bump out of a driveway leading to a detached garage located in the rear of the main residential structure.

§ 575-13 Landscaping.

For all uses other than one-, two- or three-family houses, the entire lot, except areas covered by buildings or surfaced as parking or service areas, but in no case less than 10% of the lot area (except in the C-2 District), shall be suitably landscaped. In landscaped areas, not less than 25% shall be planted with growth other than grass. Where lot lines coincide with one residence district boundary, there shall be planted evergreen trees of such type and spacing as may be required by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence district. All landscaping shall be properly maintained throughout the life of any use on any lot. Existing walls or trees with a diameter of eight inches as measured three feet from the base of the trunk within 30 feet of any street line or 50 feet of any residence district boundary shall not be removed except with the approval of the Planning Commission.

A landscaping plan prepared by a landscape architect or qualified landscaper shall be submitted as part of the site plan.

§ 575-14 Open-front stores, outdoor vending machines and outdoor storage, display or sales.

Except as specified hereinafter, no open-front store or other open-front place of business or outdoor vending machine or outdoor display, storage or sales of groceries, foodstuffs, building materials, vehicles, machinery or other substances or products shall be maintained, conducted or used in the City of Peekskill, and all businesses, services and processes shall be conducted wholly within completely enclosed buildings. The provisions of this section shall not apply to the following uses if such uses are otherwise permitted in a district:

The sale of automobile fuel, lubricants and accessories at automobile service stations.

The operation of lumber- or building supply yards.

The storage and sale of coal and fuel in duly conducted coal and fuel supply yards.

Off-street parking of passenger automobiles or trucks of not more than 2 1/2 tons' capacity.

Off-street loading.

Horticultural nurseries.

Ice machines.

(8)

Sidewalk cafe.

In appropriate cases and in accordance with the requirements set forth in § 575-57C hereof, the Common Council may issue a special permit permitting any open use otherwise prohibited under the terms of this section in a commercial or manufacturing district and outdoor vending machines in a commercial district, provided that under no circumstances will a vending machine be permitted to be placed on a public sidewalk or in any location where the use of said machine by motorists would, in the opinion of the Common Council, create a traffic hazard or impediment to the free flow of traffic on any street.[1]

[1]

Editor's Note: See also Art. X of Ch. 505, Streets and Sidewalks.

§ 575-15 Location of accessory buildings on lot.

Accessory uses shall conform to rear, side and front yards as are provided for accessory uses in each district. In the event that, due to topographic conditions, practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the issuance of a variance for the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of the street line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of said line exceeds 20%.

However, in no case, notwithstanding the foregoing provisions, shall a garage or accessory building be permitted to be located closer than 20 feet to the street line of a county road or state highway.

§ 575-16 Exceptions to yard requirements.

Cornices or cantilevered roofs may project not more than two feet, and belt courses, windowsills and other ornamental features may project not more than six inches, into a required yard. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of one lot line where a building erected on an adjoining lot is built to the lot line, provided that in such event the second side yard shall be increased to a minimum width of two times the width otherwise required.

Paved terraces, platforms, stoops, steps and walls shall not project within 10 feet of a street line or four feet of a property line.

[Amended 12-12-1988]

§ 575-17 Frontage.

[Amended 5-29-1984; 11-24-2008 by L.L. No. 14-2008]

In all residential districts other than the Planned Residential Development District, each lot and structure thereon shall face a public street and shall have a minimum frontage not less than 2/3 of the minimum lot width. Lots in the Planned Residential Development District shall be required to be related to existing or proposed public streets or highways as determined by the Planning Commission.

§ 575-18 Prohibited uses.

[Amended 12-10-1990]

Any use not specifically listed in this chapter as a permitted use or as a use permitted by special permit in a particular zone shall be prohibited in that zone.

§ 575-19 Local waterfront revitalization program.

[Added 5-14-2007 by L.L. No. 3-2007; amended 12-14-2015 by L.L. No. 12-2015]

In addition to the requirements set forth in this Chapter 575 of the Code of the City of Peekskill, the City of Peekskill Local Waterfront Revitalization Program, adopted December 14, 2015, as it may be amended from time to time, shall apply to all properties located within the City of Peekskill Local Waterfront Revitalization Program boundaries, and compliance with the City of Peekskill Local Waterfront Revitalization Program Consistency Law, Chapter 365 of the Peekskill City Code, is required. A copy of the City of Peekskill Local Waterfront Revitalization Program is available in the office of the Peekskill City Clerk.

§ 575-19.1 Outdoor accessory recreation.

[Added 11-19-2015 by L.L. No. 10-2015]

Outdoor accessory recreation requires a minimum lot size of one acre, subject to the following:

Such recreation shall be deemed to be a structure and shall not be located less than 30 feet from the side and rear lot lines.

Such recreation shall be located in the side or rear yards.

No illumination of the facility of any kind shall be allowed.

Screening of the recreation use shall be provided from the view of adjacent properties.

No loudspeaker or amplifying device shall be permitted.

§ 575-19.2 Cannabis dispensaries, consumption sites and delivery services.

[Added 11-28-2022 by L.L. No. 9-2022]

Purpose. The purpose of these cannabis regulations is to provide for the placement and regulation of adult use medical and recreational marijuana dispensaries and consumption sites and to allow cannabis delivery services as authorized pursuant to state law and regulations with the goal of minimizing potential adverse impacts on adjacent properties, neighborhoods and the City in general.

Applicability. Cannabis dispensaries and consumption sites are hereby permitted by special permit of the Planning Commission within the C-1, C-2, C-3, M-1, M-2, M-2B, WF-2 and WF-3 Zoning Districts.

General provisions and findings requirements.

Special permit and site plan approval, both issued by the Planning Commission, shall be required for the operation of a dispensary or consumption site in the City of Peekskill.

The dispensary or consumption site use must comply with all requirements as specified in the zoning district where the dispensary or consumption site is located, except as specified in this § 575-19.2.

All permitted dispensaries and consumption sites shall have applied for a license from the NYS Cannabis Control Board (CCB) and shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations.

The applicant for special permit and site plan approval for a dispensary or consumption site must have applied for a state license and be the owner of the premises, or have a written lease with a term not less than the state license period. The applicant must demonstrate possession of the premises within 30 days of final approval of the state license, and hold a valid state license before a certificate of occupancy is issued by the Building Department to begin operation.

The special permit shall be valid only for the applicant and shall become void if the applicant ceases operating the licensed dispensary or consumption site for a period of three consecutive months, except where such cessation is the result of natural disaster, act of terrorism, riot, or other criminal acts of third parties, strike or other force majeure event determined by the Planning Commission to constitute good cause.

The special permit shall become void if a final license is not issued by the CCB or upon the expiration or termination of the CCB license.

Premises licensed as a dispensary must be located in a building with a principal entrance at the street level and located on a public thoroughfare.

(8)

No premises licensed as a consumption site shall be permitted to have any opening or means of entrance or passageway for persons or things between the licensed premises and any other room or place adjoining or abutting the premises, unless ingress and egress to the licensed premises is monitored and controlled.

(9)

Sufficient queuing space within the premises must be provided to accommodate customers.

(10)

No outdoor seating areas shall be permitted at a dispensary.

(11)

No drive-through sales to the public shall be permitted at a dispensary or consumption site.

(12)

No on-site use or consumption of cannabis shall be permitted at any dispensary or at any other retail or service business located in the City, other than at a licensed and approved consumption site.

(13)

No on-site consumption of food, beverages, or other products by patrons shall be permitted at a dispensary.

(14)

No dispensary or consumption site may sell alcoholic beverages or allow gambling or fireworks.

(15)

The parking requirement for dispensaries shall be one space per 80 square feet of the dispensary's gross floor area. Parking for consumption sites shall be the same as for restaurant use as specified in § 575-33G(2). The loading requirement for dispensaries and consumption sites shall be the same as for merchandising in accordance with § 575-33H of the Peekskill City Code. However, the Planning Commission may require a greater or lesser number of parking or loading spaces if it finds, based on the application and a parking analysis, that the requirements are not appropriate for the proposed site.

(16)

The Planning Commission (or the Historic and Landmarks Preservation Board as per Chapter 322 of the City Code) may impose restrictions on exterior renovations and signage as appropriate for the site, and in accordance with state law.

(17)

All dispensaries and consumption sites shall operate within a fully enclosed building and shall not operate within any mobile facility.

(18)

For deliveries, the purchaser must accept the delivery in person at the delivery address. The product cannot be dropped off in a lobby, in a mailbox, at a front desk, in a locker room, or outdoors off-premises of the delivery address.

Location.

Dispensaries and consumption sites shall be located in zoning districts as identified in § 575-19.2B.

No dispensary or consumption site shall be located within 500 feet of public or private school grounds as defined in the NYS Education Law, serving students through the 12th grade, or within 200 feet of a house of worship, in accordance with state regulations.

Advertising and marketing of dispensaries and consumption sites are prohibited within 500 feet of school grounds, playgrounds, child-care providers, public parks, and libraries, and may not be placed on billboards, on publicly owned land, or in public transit vehicles or transit stations. Advertising and marketing cannot depict consumption of cannabis or appeal to minors.

Application process and requirements.

Application procedures. The applications for a special permit and site plan approval for a dispensary or consumption site shall be filed with the Planning Commission by the operator who has applied to the state for a license in accordance with Chapter 575, Article XI, of the Peekskill Zoning Code after submission of a building permit application to the Building Department. The application shall be signed by a duly authorized officer of the applicant. If the applicant is not the owner of the subject property, then the applicant must submit a letter of joinder signed by the property owner that authorizes the submittal of the application.

Fees. The special permit and site plan application fees are included in the Consolidated Fee Schedule.

Required documents. In addition to the requirements in § 575-56 for site plan approval and in § 575-57 for special permit approval and in § 322-8 for issuance of a certificate of appropriateness, the following information at a minimum must be included in the special permit application:

Evidence that the applicant has site control and the right to use the site for a dispensary or consumption site in the form of a deed or valid purchase and sale agreement, or a copy of the lease or a letter of joinder signed by the property owner with a copy of the draft lease agreement.

A copy of the pending or authorized license and other materials issued by the CCB to the applicant.

A narrative providing information about the type and scale of all activities that will take place on the premises, including but not limited to on-site sales, off-site deliveries, distribution of educational materials, and other programs or activities.

Description of security installations and a security plan.

(e)

A plan with efforts to hire local labor, including minorities and those who were disproportionately impacted by cannabis enforcement.

(f)

Hours of operation and anticipated maximum number of customers and employees at any one time.

(g)

A map showing the location of the premises, all public and private schools and houses of worship in the vicinity, and all public entrances to the schools and houses of worship, confirming that the premises are not within 500 feet of public or private school entrances as defined in the NYS Education Law, or within 200 feet of a house of worship entrance, as defined by NYS regulations.

(h)

A plan depicting all proposed development and renovation of the property, including the dimensions of the premises that are the subject of the application, the layout of parking, the location of pedestrian and vehicular points of access and egress, the location and design of all loading spaces, delivery vehicle spaces, and refuse facilities, the location, type, and direction of all outdoor lighting on the site, the location, size and design of all signage, and any landscape design.

(i)

Architectural drawings of all exterior building facades and a layout of all proposed signage, specifying dimensions, materials and colors to be used.

(j)

A Traffic Impact Report that includes potential traffic generation based upon the anticipated maximum demand.

(k)

A parking analysis with data for established dispensaries or consumption sites that are similar in type, size and distance to other dispensaries or consumption sites, and that are located in similarly sized communities.

(l)

Proposed on-site parking layout, or availability of nearby public parking spaces within 500 feet of the dispensary or consumption site.

(m)

An Odor Control Mitigation Plan for the interior and/or exterior of the facility, if deemed necessary by the Planning Commission.

(n)

A plan for queuing of waiting customers based upon an estimate of peak demand.

Referrals. The Planning Commission shall refer the special permit and site plan applications to the Fire Department and the Police Department for their written recommendations.

Decision. After notice and public hearing and consideration of application materials, public comments, and the recommendations of City departments, the Planning Commission shall act upon the application.

Decision criteria. The Planning Commission shall issue a special permit for a dispensary or consumption site only if it finds that the applicant has submitted sufficient information from which it can conclude that:

The dispensary or consumption site has applied for a license from the CCB and complies with all applicable state and local laws, regulations, and requirements, including, but not limited to, health and safety regulations, and construction and environmental requirements.

The dispensary or consumption site is designed to ensure safe and secure access for the safety of those working in or patronizing the facility, including secure loading, delivery and service areas and protection of the premises from theft.

All provisions in § 575-19.2C and D have been sufficiently addressed.

Special permit conditions. The Planning Commission shall impose conditions it deems appropriate in its opinion to improve siting, design, placement, traffic flow, parking, loading and public safety; protect water quality, air quality, and significant environmental resources; preserve the character of the surrounding area; and otherwise serve the purpose of this section. In addition to any specific conditions applicable to the dispensary or consumption site, the Planning Commission shall include, but not be limited to, the following conditions in any special permit granted under this section:

The permit holder shall provide to the Building Inspector, the Police Chief, and the Fire Chief the name, telephone number and email address of a contact person in the event that a City official determines it necessary to contact the permit holder after regular business hours. Such contact information shall be kept updated by the permit holder.

The special permit shall be limited to the current applicant and shall become void if the permit holder ceases operating the dispensary or consumption site, or transfers greater than 51% ownership.

The special permit shall become void if the CCB refuses to issue a final license or upon the expiration or termination of the applicant's CCB license.