The industrial 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
to meet the needs of the City's expected future economy for all types
of industrial and related activities, with due allowance for the need
for a choice of sites.
B. To provide, as far as possible, that such space will
be available for use for industrial and related activities, and to
protect residences by separating them from permitted activities and
by prohibiting the use of such space for new residential development.
C. To encourage industrial development which is free
from danger of fire, explosions, toxic and noxious matter, radiation
and other hazards, and from offensive noise, vibration, smoke, dust
and other particulate matter, odorous matter, heat, humidity, glare
and other objectionable influences, by permitting such development
in areas where this chapter restricts the emission of such nuisances
without regard to the industrial products and processes involved.
D. To protect adjacent residential and commercial areas,
and to protect the labor force in other establishments engaged in
less offensive types of manufacturing and related activities, by restricting
those manufacturing activities which involve danger of fire, explosions,
toxic and noxious matter, radiation and other hazards, or create offensive
noise, vibration, smoke and other particulate matter, odorous matter,
heat, humidity, glare and other objectionable influences, to those
limited areas which are appropriate therefor.
E. To protect industrial and related development against
congestion, as far as is possible and appropriate in each area, by
limiting the bulk of buildings in relation to the land around them
and to one another and by providing space off public streets for parking
and loading facilities associated with such activities.
F. To promote the most desirable use of land and direction
of building development in accord with a well-considered plan, to
promote stability of industrial and related 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.
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 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) Any use permitted as a permitted or special permit
use in General Commercial C-3 Districts.
B. Special permit uses. 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:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(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 play areas and all lot lines, subject to Planning Commission full
or partial waiver of this requirement.
(2) Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall
not be permitted within 300 feet of any lot located within a residential
district, or a lot supporting a house of worship or a school use.
(c)
Visual and noise buffering shall be provided
to the satisfaction of the Planning Commission. Such buffering shall
include a minimum of a twenty-foot-wide perimeter vegetative buffer
along all side and rear lot lines, but may include additional vegetative
buffering, fencing, earthen berms, other materials or some combination
thereof as determined necessary by the Planning Commission to mitigate
off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed
2.0 footcandles at any property line abutting a C, M or WF District
and shall not exceed 0.5 footcandle at any property line abutting
a residential district, and the source of all exterior lighting shall
not be visible beyond the property line.
(e)
The applicant 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.
(3) Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be
provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide
buffer, planted and maintained to the satisfaction of the Director
of Planning, Development and Code Enforcement, shall be provided between
both the main building and all outdoor recreation areas and all side
and rear lot lines; a ten-foot-wide buffer, planted and maintained
to the satisfaction of the Director of Planning, Development and Code
Enforcement, shall be provided between all parking areas and all side
and rear lot lines.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(4) Hotels and motels achieving a U.S. Green Building
Council LEED Rating of Certified, Silver, Gold or Platinum, subject
to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall
be provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials
must be submitted as part of application:
[a] Proof that the project has been
registered on the U.S. Green Building Council website.
[b] A completed U.S. Green Building
Council Registered Project Checklist.
[c] A completed U.S. Green Building
Council LEED certification application.
[7]
Visual buffering within the site and along the
perimeter of the site shall be provided, inasmuch as practicable,
to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site
plan review, request architectural building elevations and evaluate
same for appropriateness, within the context of the setting of the
site.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year, and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(5) Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(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 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.
C. Accessory uses shall be the same as permitted and
regulated in the C-1 District.
D. All uses, whether principal uses or accessory uses,
other than off-street parking and outdoor storage, shall be carried
on in buildings fully enclosed on all sides.
[Amended 2-22-2021 by L.L. No. 1-2021]
E. Lot and building requirements shall be as follows:
(1) Minimum lot area: 20,000 square feet.
(2) Minimum lot frontage: none.
(4) Yards. No building or part thereof shall be erected
nearer than 30 feet to any street line or nearer than 25 feet to any
property line other than a street line, nor shall any building or
part thereof be erected nearer to any residence district boundary
than 100 feet.
(5) Height.
(a)
Except as provided hereinafter, no part of any
building shall be erected to a height greater than 48 feet. Where
a lot has frontage on two or more streets or other public ways, if
related to the curb level the height limitation shall apply only as
measured from such level along the street or way with a higher elevation
above sea level.
(b)
When penthouses, bulkheads, etc., are over 12
feet high or cover more than 20% of the roof area, measurements must
be taken to the top of such penthouses or bulkheads. All penthouses,
bulkheads, etc., must be 10 feet back of the front and rear walls
of a building and three feet back of the side walls, except that walls
of elevators and stair enclosures may be built on the sidewall when
required by the plan of the building.
(6) Maximum coverage of all buildings: 40%.
(7) Maximum floor area ratio: 0.8.
F. Location of accessory buildings on lots. Accessory
buildings may be erected not closer than 25 feet to a rear property
line, except that where such property line adjoins a residence district,
such accessory building may be no closer than 70 feet.
G. Off-street parking and loading. Off-street parking and loading requirements shall be the same as for the General Commercial C-3 District (§
575-34H and
I) plus the following:
|
Use
|
Required Spaces
|
---|
|
Amusement center
|
Parking shall be provided based upon the greater
of the following: 1 per 200 square feet of gross floor area within
enclosed structures plus 1 for every 3 persons that the outdoor facilities
are designed to accommodate when used to the maximum capacity; or
the sum of the following: 10 parking spaces per athletic field, rink,
court or arena or 1 parking space per 4 seats (2 linear feet of bench
area equals 1 seat) in each athletic field, rink or arena, plus 2
parking spaces per pool table, plus 2 parking spaces per batting cage,
plus 3 parking spaces per bowling alley, plus 1.5 parking spaces per
golf driving range tee, plus 1.5 parking spaces per miniature golf
hole, plus 4 spaces per racquet court, plus 1 parking space per 2
seats associated with any ancillary food service provided on site,
plus the number of parking spaces determined by the Planning Commission
to be appropriate for any use not specifically identified above
|
|
Hotel
|
1 per room, plus 2 for the live-in manager-caretaker
(if any), plus 1 per employee on the maximum shift, plus 1 per 300
square feet of gross retail or service floor area, plus 1 per 100
square feet of restaurant patron area, plus the number of parking
spaces determined by the Planning Commission to be appropriate for
any use not specifically identified above; the Planning Commission
may waive a portion of the parking requirement if, in its sole authority,
the Commission determines, based upon a showing by the applicant,
that such a waiver is warranted due to variation in the probable times
of maximum use by employees and guests or such other evidence as is
provided by the applicant to the satisfaction of the Planning Commission
|
|
LEED certified hotel and motel [Added 4-14-2008 by L.L. No. 5-2008]
|
1 per room, plus 2 for the live-in manager-caretaker
(if any), plus 0.50 per employee on the maximum shift, plus 1 per
300 square feet of gross retail or service floor area, plus 1 per
100 square feet of restaurant patron area, plus the number of parking
spaces determined by the Planning Commission to be appropriate for
any use not specifically identified above; the Planning Commission
may waive a portion of the parking requirement if, in its sole authority,
the Commission determines, based upon a showing by the applicant,
that such a waiver is warranted due to variation in the probable times
of maximum use by employees and guests or such other evidence as is
provided by the applicant to the satisfaction of the Planning Commission
|
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 7-20-1992; 7-26-1993; 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) Any use permitted under §
575-38A in Light Industrial M-1 Districts.
(2) Auto repair facilities for major repairs, auto sales establishments and auto body and paint shops in conformance with §
575-10.
(3) Auto repair for heavy vehicles in conformance with §
575-10.
B. Special permit uses. 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:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(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 play areas and all lot lines, subject to Planning Commission full
or partial waiver of this requirement.
(2) Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall
not be permitted within 300 feet of any lot located within a residential
district, a house of worship or a school.
(c)
Visual and noise buffering shall be provided
to the satisfaction of the Planning Commission. Such buffering shall
include a minimum of a twenty-foot-wide perimeter vegetative buffer
along all side and rear lot lines, but may include additional vegetative
buffering, fencing, earthen berms, other materials or some combination
thereof, as determined necessary by the Planning Commission to mitigate
off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed
2.0 footcandles at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(e)
The applicant 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.
(3) Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be
provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide
buffer, planted and maintained to the satisfaction of the Director
of Planning, Development and Code Enforcement, shall be provided between
both the main building and all outdoor recreation areas and all side
and rear lot lines; a ten-foot-wide buffer, planted and maintained
to the satisfaction of the Director of Planning, Development and Code
Enforcement, shall be provided between all parking areas and all side
and rear lot lines.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(4) Hotels and motels achieving a U.S. Green Building
Council LEED Rating of Certified, Silver, Gold or Platinum, subject
to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall
be provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials
must be submitted as part of application:
[a] Proof that the project has been
registered on the U.S. Green Building Council website.
[b] A completed U.S. Green Building
Council Registered Project Checklist.
[c] A completed U.S. Green Building
Council LEED certification application.
[7]
Visual buffering within the site and along the
perimeter of the site shall be provided, inasmuch as practicable,
to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site
plan review, request architectural building elevations and evaluate
same for appropriateness, within the context of the setting of the
site.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year, and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(5) Adult uses, subject to the following conditions:
(a)
No adult use shall be permitted:
[1]
Within 1,000 feet of any other lot containing
an adult use.
[2]
Within 500 feet of any lot on which is located
a church, school, nursing home, hospital, City office, railroad station
and related parking facilities.
[3]
Within 750 feet of a park or parkland.
[4]
Within 250 feet of a residentially zoned district
in the City of Peekskill or an adjacent municipality.
(b)
The distance limitations in Subsection
B(5)(a) above shall be measured in a straight line, without regard for intervening structures, from the nearest point of any lot or district line listed in Subsection
B(5)(a) to the nearest point of a building containing an adult use.
(c)
No more than one adult use shall be permitted
on any lot.
(d)
The proposed use shall meet all other requirements
of this chapter, and other ordinances and local laws of the City of
Peekskill, and all other requirements and laws of Westchester County,
New York State, and the United States of America.
(e)
It shall be a condition of any special permit
issued for an adult use that no person under the age of 18 years shall
be permitted into the premises.
(f)
The Common Council may impose such terms and
conditions upon the issuance of the special permit required hereunder
as it deems appropriate to further the aims of this subsection, including,
but not limited to, restrictions on advertising, outdoor displays
and the location of merchandise.
(g)
Prior to the commencement of any adult use or
upon transfer of ownership or control, the premises must be inspected
and found to be in compliance with the New York State Uniform Building
and Fire Prevention Code and all other laws, rules and regulations
within the jurisdiction of the Director of Public Works and other
code enforcement officials.
[Amended 6-24-2019 by L.L. No. 3-2019]
(7) Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(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 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 prior issuance or renewal of
the special permit.
C. Accessory uses shall be as follows:
(1) All accessory uses as permitted and regulated in the
C-1 District.
(2) Trucking terminals and freight stations.
(3) Storage, whether indoors or in the open, provided that the standards set forth in Subsection
D of §
575-39 shall be met. Any such storage, whether indoors or in the open, shall only be permitted where such storage is accessory and secondary to the principal permitted use of the property.
D. All uses, whether principal uses or accessory uses, other than off-street
parking and outdoor storage, shall be carried on in buildings fully
enclosed on all sides. Accessory open storage, temporary or otherwise,
shall at all times be fully screened from all adjacent properties
and all adjacent roads, streets and highways.
[Amended 2-22-2021 by L.L. No. 1-2021]
E. Lot and building requirements shall be as follows:
(1) Minimum lot area: one acre.
(4) Yards. No building or part thereof shall be erected
nearer than 30 feet to any street line. Except as provided hereinafter,
no side or rear yard is required, but, if provided, such yard shall
have a minimum dimension of six feet. Where a rear or side yard abuts
a residence district boundary, no building shall be erected within
100 feet of such boundary.
(5) Height.
(a)
Except as provided hereinafter, no part of any
building shall be erected to a height greater than 48 feet. Where
a lot has frontage on two or more streets or other public ways, if
related to the curb level the height limitation shall apply only as
measured from such level along the street or way with a higher elevation
above sea level.
(b)
When penthouses, bulkheads, etc., are over 12
feet high or cover more than 20% of the roof area, measurements must
be taken to the top of such penthouses or bulkheads. All penthouses,
bulkheads, etc., must be 10 feet back of the front and rear walls
of a building and three feet back of the side walls, except that walls
of elevators and stair enclosures may be built on the sidewall when
required by the plan of the building.
(7) Maximum floor area ratio: 1.2.
F. Location of accessory buildings on lots. Accessory
buildings may be erected not closer 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 and loading. Off-street parking
and loading requirements shall be the same as for the General Commercial
C-3 District, with the following amendment:
|
Use
|
Parking Requirement
(spaces)
|
---|
|
Automobile repair facilities for light or heavy
vehicles, minor repairs, major repairs, auto body and paint shops
|
1 for each employee on the maximum shift, plus
2 for each service bay, plus 1 for each vehicle used in the operation
of the facility
|
|
Adult use
|
As otherwise required for each use type (i.e.,
retail, restaurant, theater, etc.)
|
|
Amusement center
|
Parking shall be provided based upon the greater
of the following: 1 per 200 square feet of gross floor area within
enclosed structures plus 1 for every 3 persons that the outdoor facilities
are designed to accommodate when used to the maximum capacity; or
the sum of the following: 10 parking spaces per athletic field, rink,
court or arena or 1 parking space per 4 seats (2 linear feet of bench
area equals 1 seat) in each athletic field, rink or arena, plus 2
parking spaces per pool table, plus 2 parking spaces per batting cage,
plus 3 parking spaces per bowling alley, plus 1.5 parking spaces per
golf driving range tee, plus 1.5 parking spaces per miniature golf
hole, plus 4 spaces per racquet court, plus 1 parking space per 2
seats associated with any ancillary food service provided on site,
plus the number of parking spaces determined by the Planning Commission
to be appropriate for any use not specifically identified above
|
|
Hotel
|
1 per room, plus 2 for the live-in manager-caretaker
(if any), plus 1 per employee on the maximum shift, plus 1 per 300
square feet of gross retail or service floor area, plus 1 per 100
square feet of restaurant patron area, plus the number of parking
spaces determined by the Planning Commission to be appropriate for
any use not specifically identified above; the Planning Commission
may waive a portion of the parking requirement if, in its sole authority,
the Commission determines, based upon a showing by the applicant,
that such a waiver is warranted due to variation in the probable times
of maximum use by employees and guests or such other evidence as is
provided by the applicant to the satisfaction of the Planning Commission
|
|
LEED Certified hotel and motel [Added 4-14-2008 by L.L. No. 5-2008]
|
1 per room, plus 2 for the live-in manager-caretaker
(if any), plus 0.50 per employee on the maximum shift, plus 1 per
300 square feet of gross retail or service floor area, plus 1 per
100 square feet of restaurant patron area, plus the number of parking
spaces determined by the Planning Commission to be appropriate for
any use not specifically identified above; the Planning Commission
may waive a portion of the parking requirement if, in its sole authority,
the Commission determines, based upon a showing by the applicant,
that such a waiver is warranted due to variation in the probable times
of maximum use by employees and guests or such other evidence as is
provided by the applicant to the satisfaction of the Planning Commission
|
H. Approval of site plan. All site plans shall be subject to approval of the Planning Commission in accordance with the provisions of §
575-56 herein.
[Added 12-14-2015 by L.L.
No. 12-2015; amended 11-23-2020 by L.L. No. 3-2020]
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 uses listed in this section. The permitted uses shall require approval by the Planning Commission of a site plan in accordance with the provisions of §
575-56 herein. For all permitted uses, the design guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals. In review of site plans, the Planning Commission shall make a finding of consistency with the design guidelines. No site plan shall be approved unless such a finding is made.
(1)
All uses permitted in the M-2A District.
(2)
Restaurants and carry-out restaurants.
(3)
Retail stores, not to exceed a gross floor area of 100,000 square
feet.
(4)
Business, professional or governmental offices and schools.
(5)
Personal services, including dry-cleaning stores solely for
pickup and delivery, and provided that no dry cleaning may be performed
on the property.
(6)
Dance studios, martial arts studios, health clubs, gyms, and
similar indoor recreation uses used solely for commercial purposes.
(7)
Museums, artist studios, art galleries, theaters and auditoriums.
(8)
Amusement centers and children's amusement centers, subject to the conditions of §
575-38B(2) herein.
B. Special permit uses. The following uses are permitted subject to the 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 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of §
575-56 herein. For all special permit uses in the M-2B District, the design guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals. In reviewing special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the design guidelines. No special permit shall be granted pursuant to this section unless the Common Council shall have made an affirmative finding that the project is consistent with the design guidelines to the maximum extent possible.
(1)
All special permit uses permitted in the M-2A District, in accordance with the standards contained in §
575-40 herein.
(2)
Day-care centers and school-age child care, 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)
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.
(4)
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, pursuant to the procedures and standards enumerated in §
575-34B(2)(f).
(5)
Diversified use developments. In order to provide the opportunity
to rehabilitate and revitalize areas of the City of Peekskill in a
mixed-use context through the creation of development projects consisting
of diversified uses that provide additional housing opportunities
and compatible principal and ancillary commercial and light manufacturing
uses, the Common Council may issue a special permit for diversified
use developments, subject to the following conditions:
(a)
The minimum aggregate area for all lots comprising the diversified
use development shall be four acres. Any individual lot shall meet
the minimum lot area of one acre;
(b)
Lots containing residential components of the diversified use
development shall be contiguous to a zoning district which permits
residential uses as principal permitted uses or as special permit
uses;
(c)
The commercial/light manufacturing component of the diversified
use development shall comprise at least 35% of the total land area
of the lots included within the diversified use development. In addition
thereto, the aggregate footprint of the buildings containing the commercial/light
manufacturing uses shall comprise at least 35% of the aggregate footprint
of all buildings in the diversified use development. Commercial/Light
manufacturing uses permitted in a diversified use development shall
include the following:
[1] All uses permitted in the M-2B and M-2A Districts, with the exception of those uses specified in §
575-40A(1),
(3),
(5) and
(6), and including light manufacturing uses as defined in §
575-60;
[2] All special permit uses permitted in the M-2B and M-2A Districts, with the exception of those uses specified in §
575-40B(1),
(4),
(5) and
(6).
(d)
The residential dwelling units of the diversified use development
shall be located in buildings dedicated solely to residential uses
or in mixed-use buildings with commercial uses on the first floor
and residential uses on upper floors, and shall be limited to townhouse,
garden apartment, and midrise apartment dwelling unit configurations;
(e)
The residential component of the diversified use development
shall include dwelling units of not less than 600 square feet, and
the average size of all dwelling units in the diversified use development
shall be not less than 750 square feet;
(f)
The diversified use development shall meet all of the requirements of §
575-40E, except that the buildings comprising the residential component of the diversified use development shall comply with the following yard and setback requirements:
[1] Twenty-five feet to any street line;
[2] Fifteen feet to any property line;
[3] Sixty feet to any nonresidential building on- or
off-site;
[4] One hundred feet to Route 9 travel lanes;
[5] One hundred feet to any railroad tracks.
(g)
The diversified use development shall be subject to the Design Guidelines set forth in Chapter
575, Attachment 3, except that lots comprising the residential component of the diversified use development shall only be required to provide landscaping buffers of at least 10 feet between such building and contiguous streets and 25 feet between such building and contiguous nonresidential buildings. In the event of any conflict between the Design Guidelines and the standards set forth herein, the standards set forth herein shall govern.
(h)
The developer shall provide all necessary on-site water and
sewer facilities, storm drainage, paved service streets, curbing,
sidewalks, parking and loading facilities, lighting, fire alarm and
other necessary support systems, which shall be connected to public
utility systems at the nearest feasible point, and other necessary
facilities, making reasonable provision for utility service or connections
with adjoining properties in other ownerships. Such proposed improvements
shall be subject to revision and approval by the appropriate authorities.
The City shall not be obligated to extend existing systems to accommodate
the development.
(i)
Public streets directly outside the diversified use development
may be used for site access when street and/or sidewalk improvements
are undertaken where needed as determined by the Planning Commission
to accommodate the proposed level of use for the health, safety and
welfare of the occupants within the diversified use development.
(j)
Accessory uses shall be as follows:
[1] All accessory uses permitted in the M-2A District, with the exception of those uses specified in §
575-40C(6) and
(7) in accordance with the standards contained in §
575-40 herein.
(6)
Transitional housing, subject to the following conditions:
[Added 11-28-2022 by L.L.
No. 11-2022]
(a)
The number of beds for emergency (short-term) clients shall
not exceed 23, and number of beds for longer-term transitional housing
clients shall not exceed 53, for a maximum of 76 beds in any single
facility.
(b)
Any transitional housing facility shall comply fully with all
requirements of applicable state, county and city codes, ordinances
and regulations, and shall be fully equipped with emergency lighting,
sprinklers, smoke detectors and alarms, emergency exits, and other
safety devices required by the Peekskill Building Code.
(c)
Any food preparation, service or distribution facilities in
a transitional housing facility shall be licensed or approved by the
Westchester County Board of Health.
(d)
No transitional housing facility shall be located on a site
less than 2,500 feet from another site on which is located another
transitional housing facility.
(e)
Any transitional housing facility shall be operated by a not-for-profit
corporation or charitable organization as the same are defined by
applicable statute.
(f)
Any transitional housing facility shall be available as a year-round
facility and must allow clients to remain on premises 24 hours a day,
seven days a week.
(g)
Any transitional housing facility shall be subject to periodic
inspections by the Peekskill Building Department and Peekskill Fire
Department, which shall determine compliance with all codes, ordinances,
regulations and conditions of the special permit.
(h)
A security report shall be submitted to the City and approved
by the Police Chief, which shall include procedures for security at
the transitional housing facility, including accountability of clients
and collaboration between the transitional housing facility operator
and the City Police Department for safe and successful operation of
the facility.
(i)
Twenty-four hour staffing of the transitional housing facility
shall be provided.
(j)
Records for each client who is admitted to the transitional
housing facility shall be maintained.
(k)
The transitional housing facility shall at all times comply
with all site plan and special permit conditions, NYS building codes,
and certifications for the transitional housing facility.
(l)
All performance standards shall be included in a report to the
City Manager and Director of Planning, submitted with the request
to renew the special permit prior to expiration, or at any other time
at the request of the City Manager, and presented to the Common Council
when the renewal is considered.
(m)
Special permits for any transitional housing facility shall
be subject to revocation in the event that compliance with all performance
standards is not maintained by the operator and/or the property owner.
(n)
Due to the residential nature of transitional housing, a reduced
building (setback) requirement is permitted in that no building or
part thereof shall be erected nearer than 25 feet to any street line.
C. Accessory uses shall be as follows:
(1)
All accessory uses permitted in the M-2A District, in accordance with the standards contained in §
575-40 herein, except as specified in Subsection
B(5).
D. All uses, whether principal uses or accessory uses, other than off-street parking outdoor storage and storage and sales of building materials, shall be carried on in roofed buildings fully enclosed on all sides. The processing, mixing, grinding, preparation, storage and the loading for transport of all materials shall be carried on in roofed buildings fully enclosed on all sides except as may be permitted under a special permit issued pursuant to §
575-40B. Accessory outdoor storage pursuant to a special permit, temporary or otherwise, shall at all times be fully screened from all adjacent properties and all adjacent roads, streets, highways and residential areas in accordance with the M-2A District Design Guidelines.
[Amended 2-22-2021 by L.L. No. 1-2021]
E. All lot and building requirements shall be the same as in the M-2A District, except as specified in Subsection
B(5) and
B(6).
[Amended 11-28-2022 by L.L. No. 11-2022]
F. Location of accessory buildings on lots. Accessory buildings must fully comply with the lot and building requirements of §
575-40E.
G. Off-street parking and loading.
(1)
Off-street parking and loading requirements shall be the same
as for the Design Industrial M-2A District, with the following amendment:
[Amended 11-28-2022 by L.L. No. 11-2022]
Use
|
Parking Requirements
(spaces)
|
---|
Restaurants and carry-out restaurants
|
1 for each 100 square feet of patron use area
|
Retail stores
|
1 for each 300 square feet of gross floor area
|
Business, 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
|
Service business
|
1 for each 200 square feet of customer service area
|
School
|
1 for each 2 classroom seats plus 1 for each staff member 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
|
Theaters and auditoriums
|
1 for each 4 seats
|
Amusement centers and children's amusement centers
|
1 per 200 square feet of gross floor area within enclosed structures
plus 1 for every 3 persons that outdoor facilities are designed to
accommodate when used to the maximum capacity
|
Day-care centers and school-age child care
|
1 per 10 children on the maximum shift, plus 1 per employee
on the maximum shift
|
Townhouses, garden apartments, and midrise apartments as part
of a diversified use development
|
1.25 spaces per dwelling unit upon demonstration of adequate
visitor parking; except that for affordable dwelling units, the ratio
shall be 1.0 space per dwelling unit upon demonstration of adequate
visitor parking
|
Uses not listed
|
As determined by the Planning Commission to be needed to Discourage
long-term on-street parking
|
Transitional housing
|
1 space per 1,300 square feet of gross floor area
|
(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 M-2B District.
H. Approval of site plan. All site plans shall be subject to approval of the Planning Commission in accordance with the provisions of §
575-56 herein.
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 1-25-1993; 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) Office buildings for business and professional offices.
(2) Manufacturing, assembling, converting, altering, finishing,
cleaning or any other processing and incidental storage of products
or materials, provided that only oil, gas or electricity is used as
a fuel, except that an installation using other fuel may be used upon
a finding by the Director of Public Works that such installation shall
be free of nuisance characteristics and will have no adverse effect
on neighboring uses.
[Amended 6-24-2019 by L.L. No. 3-2019]
(3) Wholesale storage and warehousing of finished products,
excluding the storage of food, fuel, building materials, secondhand
lumber, junkyards, automobile dismantling plants or storage of used
parts of automobiles or other machines or vehicles or of dismantled
or junked automobiles.
(4) Research design and development laboratories.
B. Special permit uses. 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:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(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 play areas and all lot lines, subject to Planning Commission full
or partial waiver of this requirement.
(2) Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall
not be permitted within 300 feet of any lot located within a residential
district, a house of worship or a school.
(c)
Visual and noise buffering shall be provided
to the satisfaction of the Planning Commission. Such buffering shall
include a minimum of a twenty-foot-wide perimeter vegetative buffer
along all side and rear lot lines, but may include additional vegetative
buffering, fencing, earthen berms, other materials or some combination
thereof, as determined necessary by the Planning Commission to mitigate
off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed
2.0 footcandles at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(e)
The applicant 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.
(3) Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be
provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide
buffer, planted and maintained to the satisfaction of the Director
of Planning, Development and Code Enforcement, shall be provided between
both the main building and all outdoor recreation areas and all side
and rear lot lines; a ten-foot-wide buffer, planted and maintained
to the satisfaction of the Director of Planning, Development and Code
Enforcement, shall be provided between all parking areas and all side
and rear lot lines.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year, and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(4) Hotels and motels achieving a U.S. Green Building
Council LEED Rating of Certified, Silver, Gold or Platinum, subject
to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall
be provided for each guest room.
[2]
Each guest room shall include a full private
bathroom.
[3]
Minimum guest room size, including private bathroom,
shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary
uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials
must be submitted as part of application:
[a] Proof that the project has been
registered on the U.S. Green Building Council website.
[b] A completed U.S. Green Building
Council Registered Project Checklist.
[c] A completed U.S. Green Building
Council LEED certification application.
[7]
Visual buffering within the site and along the
perimeter of the site shall be provided, inasmuch as practicable,
to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site
plan review, request architectural building elevations and evaluate
same for appropriateness, within the context of the setting of the
site.
(c)
Occupancy shall be limited to transients who
shall reside in the hotel for not more than 180 days a year, and the
minimum rate shall be for a full day; hourly rental rates shall not
be permitted.
(5) Adult uses, subject to the following conditions:
(a)
No adult use shall be permitted:
[1]
Within 1,000 feet of any other lot containing
an adult use.
[2]
Within 500 feet of any lot on which is located
a church, school, nursing home, hospital, City office, railroad station
and related parking facilities.
[3]
Within 750 feet of a park or parkland.
[4]
Within 250 of a residentially zoned district
in the City of Peekskill or an adjacent municipality.
(b)
The distance limitations in Subsection
B(5)(a) above shall be measured in a straight line, without regard for intervening structures, from the nearest point of any lot or district line listed in Subsection
B(5)(a) to the nearest point of a building containing an adult use.
(c)
No more than one adult use shall be permitted
on any lot.
(d)
The proposed use shall meet all other requirements
of this chapter, and other ordinances and local laws of the City of
Peekskill, and all other requirements and laws of Westchester County,
New York State and the United States of America.
(e)
It shall be a condition of any special permit
issued for an adult use that no person under the age of 18 years shall
be permitted into the premises.
(f)
The Planning Commission may impose such terms
and conditions upon the issuance of the special permit required hereunder
as it deems appropriate to further the aims of this subsection, including,
but not limited to, restrictions on advertising, outdoor displays
and the location of merchandise.
(g)
Prior to the commencement of any adult use or
upon transfer of ownership or control, the premises must be inspected
and found to be in compliance with the New York State Uniform Building
and Fire Prevention Code and all other laws, rules and regulations
within the jurisdiction of the Director of Public Works and other
code enforcement officials.
[Amended 6-24-2019 by L.L. No. 3-2019]
(6) Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(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 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 prior issuance or renewal of
the special permit.
C. Accessory uses.
(1) Same as permitted in the C-1 District.
(2) Self-storage warehouse facilities of 25,000 square
feet or more may be permitted by special permit of the Common Council
to include one on-site residential unit to provide housing solely
for an actively employed on-site security manager, and his wife and
children only, during such employment.
D. All uses, whether principal uses or accessory uses,
other than off-street parking, shall be carried on in buildings fully
enclosed on all sides.
E. Lot and building requirements shall be as follows:
(1) Minimum lot area: one acre.
(2) Minimum frontage: 200 feet.
(4) Yards. No building or part thereof shall be erected
nearer than 50 feet to any street line or nearer than 25 feet to any
property line other than a street line, nor shall any building or
part thereof be erected nearer to any residence district boundary
than 100 feet.
(5) Height.
(a)
Except as provided hereinafter, no part of any
building shall be erected to a height greater than 35 feet. Where
a lot has frontage on two or more streets or other public ways, if
related to the curb level the height limitation shall apply as measured
from such level along the street or way with a higher elevation above
sea level.
(b)
When penthouses, bulkheads, etc., are over 12
feet high or cover more than 20% of the roof area, measurements must
be taken to the top of such penthouses or bulkheads. All penthouses,
bulkheads, etc., must be 10 feet back of the front and rear walls
of a building and three feet back of the sidewalls, except that walls
of elevators and stair enclosures may be built on the side wall when
required by the plan of the building.
(7) Maximum floor area ratio: 1.0.
F. Location of accessory buildings on lot. Accessory
buildings may be erected not closer than 25 feet to a rear property
line, except that where such property line adjoins a residence district,
such accessory building may be no closer than 80 feet.
G. Off-street parking and loading. Off-street parking and loading requirement shall be the same as for the M-2 General Manufacturing District (§
575-39G).
[Amended 8-16-1982; 10-12-1982; 11-29-1994; 9-26-1995]
A. Purpose.
(1) Although the district is floating, its application
is intended for large tracts which have adequate direct or adjacent
access to the regional transportation system. These districts are
intended to enhance commercial opportunities in the City and expand
the local economy. At the same time, existing residential and commercial
areas should not be adversely affected by the locations chosen for
this district. These districts are also intended to provide design
flexibility in the development of low-density commercial projects.
(2) Business offices, professional offices and research
offices and laboratories are considered to be the primary users of
the district. Retail and service-oriented commercial uses are allowed
by special permit, but they are intended as subordinate elements of
the project.
B. 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 part, for any purpose
except the following:
(1) Office buildings for business and professional uses.
(2) Research laboratories devoted exclusively to research,
product development and testing, engineering and sales development.
C. Uses subject to special permit.
(1) The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission 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:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(a)
Pilot plants for testing of manufacturing, processing
or fabrication methods or for the testing of products or materials
only as an accessory use to a research laboratory, and in no case
shall more than 25% of the total floor area be devoted to such uses.
No materials or finished products shall be manufactured, processed
or fabricated on said premises for sale, except such as are incidental
to said research, design or experimental work. Nothing herein contained
shall, however, prohibit construction of pilot or experimental models
which may later be sold.
(b)
The following commercial uses:
[2]
Banks, including drive-in windows.
[3]
Restaurants, provided meals are served at least
twice a day and 75% of the seats are at tables.
[4]
Beauty parlors, barbershops, tailors and nail
shops.
[5]
Hotels and motels, subject to the following specific conditions in addition to the general requirements enumerated in §
575-42C(2):
[a] Minimum of 50 guest rooms must
be provided.
[b] The following bulk standards shall
apply:
[i] One thousand square feet of lot
area shall be provided for each guest room.
[ii] Each guest room shall include
a full private bathroom.
[iii] Minimum guest room size, including
private bathroom, shall be 400 square feet.
[iv] Maximum floor area ratio (FAR)
shall 0.75.
[v] Gross floor area designated to
permitted ancillary uses shall not exceed 60% of the gross floor area
for all site structures.
[vi] Buffering shall be provided as
follows: a twenty-foot-wide buffer, planted and maintained to the
satisfaction of the Director of Planning, Development and Code Enforcement,
shall be provided between both the main building and all outdoor recreation
areas and all side and rear lot lines; a ten-foot-wide buffer, planted
and maintained to the satisfaction of the Director of Planning, Development
and Code Enforcement, shall be provided between all parking areas
and all side and rear lot lines.
[c] Occupancy shall be limited to transients
who shall reside in the hotel for not more than 180 days a year, and
the minimum rate shall be for a full day; hourly rental rates shall
not be permitted.
[6]
Hotels and motels achieving a U.S. Green Building
Council LEED Rating of Certified, Silver, Gold or Platinum, subject
to the following conditions:
[a] Minimum of 50 guest rooms must
be provided.
[b] The following bulk standards shall
apply:
[i] Seven hundred square feet of lot
area shall be provided for each guest room.
[ii] Each guest room shall include
a full private bathroom.
[iii] Minimum guest room size, including
private bathroom, shall be 325 square feet.
[iv] Maximum floor area ratio (FAR)
shall be 1.2.
[v] Gross floor area designated to
permitted ancillary uses shall not exceed 60% of the gross floor area
for all site structures.
[vi] The following U.S. Green Building
Council Materials must be submitted as part of application:
[A] Proof that the project has been
registered on the U.S. Green Building Council website.
[B] A completed U.S. Green Building
Council Registered Project Checklist.
[C] A completed U.S. Green Building
Council LEED certification application.
[vii] Visual buffering within the site
and along the perimeter of the site shall be provided, inasmuch as
practicable, to be determined by the Planning Commission during site
plan review.
[viii] The Planning Commission shall,
as part of site plan review, request architectural building elevations
and evaluate same for appropriateness, within the context of the setting
of the site.
[c] Occupancy shall be limited to transients
who shall reside in the hotel for not more than 180 days a year, and
the minimum rate shall be for a full day; hourly rental rates shall
not be permitted.
[8]
Appliance repair and photocopying.
[9]
Dance studios, martial arts studios.
[10]
Dry-cleaning stores except that no dry cleaning
may be performed on the property.
(2) General requirements. The following criteria shall be considered basic requirements for the issuance of a special permit to allow commercial uses as enumerated in Subsection
C(1)(b) above.
(a)
For other than hotels, museums and those uses identified in Subsection
C(1)(a) above, the total floor area occupied by special permit uses shall not exceed 50% of the entire planned commercial development, unless waived by the Common Council upon a finding that the modifications applied would further public purposes to an equivalent or greater degree and would accord with the general provisions of the Land Use Plan, this chapter and the Subdivision Regulations, where applicable.
(b)
The applicant must submit a traffic analysis
which indicates that the proposed development will generate peak hour
traffic flows which can be handled by the existing street system and/or
proposed improvements to the street system at satisfactory levels
of service.
(c)
The applicant must submit an engineer's report
which certifies that existing systems, together with improvements
to be constructed in conjunction with the development, will have sufficient
capacity to provide the following:
[1]
Water fire flows sufficient to meet fire and
safety standards for the scale and type of development proposed.
[2]
Sanitary sewer service connected to the existing
City system which complies with City and county regulations.
[3]
A drainage system which will not adversely impact
existing development within the same drainage basin.
D. Accessory uses.
(1) Same as permitted in C-1 District.
(2) Fully enclosed storage area.
(3) Transmit-receive earth stations/antennas not to exceed
35 feet in height.
(4) Cafeterias and recreational facilities for the exclusive
use of company employees and officers.
E. All uses, whether principal uses or accessory uses,
other than off-street parking and permitted antennas, shall be carried
on in buildings fully enclosed on all sides.
F. Lot and building requirements.
(1) Minimum lot area: 120,000 square feet.
(2) Minimum frontage: 200 feet.
(4) Yards. No building or part thereof shall be erected
nearer than 100 feet to any street line or property line, nor shall
any building or part thereof be erected nearer than 125 feet to any
residence district boundary.
(5) Height.
(a)
Except as provided hereinafter, no part of any
building shall be erected to a height greater than 35 feet. Where
a lot has frontage on two or more streets or other public ways, if
related to the curb level the height limitation shall apply as measured
from such level along the street or way with a higher elevation above
sea level.
(b)
When penthouses, bulkheads, etc., are over 12
feet high or cover more than 20% of the roof area, measurements must
be taken to the top of such penthouses or bulkheads. All penthouses,
bulkheads, etc., must be 10 feet back of the front and rear walls
of a building and three feet back of the sidewalls, except that walls
of elevators and stair enclosures may be built on the side wall when
required by the plan of the building.
H. Maximum floor area ratio: 0.4.
I. Location of accessory buildings on lot. Accessory
buildings may be erected not closer than 25 feet to a rear property
line, except that where such property line adjoins a residence district,
such accessory building may be no closer than 80 feet.
J. Off-street parking and loading. Off-street parking
and loading requirements shall be the same as for the M-2 General
Industrial District.