Town/Village of Harrison, NY Article V Special Exception Uses

§ 235-13 Planning Board authorized to act.

The Planning Board, subject to review by the Town Board as herein provided, is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter. Such action may include approval, conditional approval or disapproval, based on the standards set forth in this Article.

§ 235-14 General procedures and conditions.

A. The Planning Board may establish general and special rules, effective upon being filed in the office of the Town Clerk, for the conduct before it of such procedures. Such rules shall be consistent with law and the purposes and objectives of this chapter.

B. All matters which are the subject of a mandatory referral or notice to other agencies, as set forth in §§ 277.61 and 277.71 of the Westchester County Administrative Code, shall be transmitted to the appropriate agencies by the Secretary of the Planning Board in accordance with the provisions of those sections.

C. The Secretary of the Planning Board shall keep minutes of the Board's proceedings, showing the vote upon every question. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record.

D. Application for a special exception use shall be made to the Building Inspector on forms provided by the Planning Board and shall include a site plan. The Building Inspector shall promptly transmit the application to the Planning Board.

E. The Planning Board shall not approve a special exception use unless it shall determine that, under the conditions and limitations to be imposed pursuant to § 235-16, General considerations, and § 235-17, Special conditions and safeguards for specific uses, and any other provisions of law:

(1) The use will not prevent or substantially impair either the reasonable and orderly use or the reasonable and orderly development of other properties in the neighborhood.

(2) The disadvantages to the neighborhood from the location of such use at the property are outweighed by the advantage to be gained by either the neighborhood or the town by authorizing the special exception use permit.

(3) The health, safety, welfare, comfort, convenience and order of the town will not be adversely affected by the authorized use.

(4) Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 235-2.

F. The Planning Board shall render its decision on a special exception use application within 75 days of the Planning Board meeting date at which such application was officially submitted.

G. Every decision of the Planning Board approving or disapproving a special exception use and the record of the proceeding thereon shall be promptly transmitted to the Town Board for public hearing and review.

H. Upon receipt of the Planning Board's decision, the Town Board shall fix a reasonable time, not to exceed 30 days, for a public hearing upon the matter. Public notice of such hearing shall be given by publication of a notice thereof in an official newspaper not more than 15 nor less than five days prior to the date thereof.

I. The decision of the Planning Board shall be deemed confirmed unless the Town Board reverses or modifies such decision, after its public hearing, by a majority vote of the full Town Board, within 30 days after the Town Board public hearing.

J. No foundation or building permit shall be issued by the Building Inspector for a special exception use unless the Planning Board decision has been confirmed by the Town Board or in accordance with a Town Board modification of such Planning Board decision. The authorization for such building permit shall expire 90 days after the Town Board's action in the event that such permit has not been applied for within that time. Extension of such authorization period may be granted by resolution of the Town Board for additional ninety-day periods, not exceeding three such extensions.

K. A special exception use, for which a building permit is authorized pursuant to the provisions of this Article, shall be construed to be a conforming use.

L. Any violation of the limitations or special conditions and safeguards established by the Planning Board and confirmed by the Town Board with respect to specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of § 235-75, and no certificate of occupancy shall be issued until such violations are corrected.

M. A special exception use and certificate of occupancy shall lapse automatically, without the need for any action by the town, when the authorized use is abandoned for three months or more or is changed to a different use, regardless of whether or not such different use is deemed to be a higher or lower use, or when any violation under the provisions of Subsection L occurs.

§ 235-15 Application fee.

[Amended 8-19-1987; 11-7-1991; 2-21-2007 by L.L. No. 1-2007]

The fee for special exception use applications to the Planning Board shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.

§ 235-16 General considerations.

In making the determinations required by § 235-14E, the Planning Board may consider, among other matters or factors which the Board may deem material, whether:

A. The site is particularly suitable for the location of such use in the community.

B. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

C. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of assembly.

D. Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety in relation to the general character of the neighborhood and other existing or permitted uses within it and to avoid traffic congestion and, further, that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.

E. All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.

F. Adequate provisions have been made for emergency conditions.

G. There are off-street parking and truck loading spaces, at least in the number required by the provisions of Article VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and, further, that the layout of the spaces and driveways is convenient and conducive to safe operation.

H. Adequate buffer yards, landscaping, walls, fences and screening are provided where necessary to protect adjacent properties and land uses.

I. Where necessary, special setback, yard, height and building area coverage requirements or easements, right-of-way or restrictive covenants shall be established.

J. Where appropriate, a public or semipublic plaza or recreational or other public areas will be located on the property.

K. Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.

L. Existing municipal services and facilities are adequate to provide for the needs of the proposed use.

M. The use will tend to generate or accumulate dirt or refuse or tend to create any type of environmental pollution, including vibration, noise, light, electrical discharges, odors, smoke or irritants, particularly where it is discernible on adjacent properties or boundary streets.

N. The construction, installation or operation of the proposed use is such that there is a need for regulating the hours, days or similar aspects of its activity.

O. The proposed use recognizes and provides for the further special conditions and safeguards required for particular uses in § 235-17, if any.

§ 235-17 Special conditions and safeguards for specific uses.

No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all general conditions set forth in § 235-16, the proposed special exception use also meets the special conditions and safeguards required in this section.

A. Automobile or boat salesroom, outdoor sales area or repair garage.

(1) All repair work, servicing and other operations shall be performed within a building.

(2) All dismantled vehicles and all equipment, materials and parts shall be stored within a building.

(3) All gasoline and other petroleum products in containers larger than five gallons shall be stored underground, at least 25 feet from any property line.

(4) Gasoline pumps for private use shall be at least 25 feet from any street or other property line.

(5) The proposed use shall not include the sale of motor vehicle fuels or lubricants.

B. Automobile service station.

(1) All permitted repair work and servicing, except for the sale of fuel and lubricants, the changing of tires and similar minor servicing, shall be performed within a building.

(2) All dismantled vehicles and all products for sale, except lubricants in sealed containers, shall be stored within a building.

(3) No body repairs, painting, machining or major repairs shall be performed in any automobile service station.

(4) All gasoline and other petroleum products in containers larger than five gallons shall be stored underground, at least 25 feet from any property line other than a street line.

(5) No gasoline pump shall be located within 25 feet of any street or other property line.

(6) The automobile service station site shall provide ample off-street parking area to store vehicles waiting to be serviced; provided, however, that no such vehicles shall be parked outdoors overnight.

C. Bus passenger shelter.

(1) The shelter shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently to pick up or discharge passengers.

(2) The design of the shelter shall be such that all interior areas are fully visible from the front and sides. The construction shall be of durable and maintenance-free materials.

D. Health maintenance, rehabilitation and fitness centers for SB-0, SB-1, SB-35 and SB-100 Zones.

[Added 1-5-1983]

(1) The facility shall be located on the ground floor of the building and shall not exceed 15% of the total square footage of the building.

(2) The facility shall primarily serve the tenants of the designated zoning district.

(3) Each participant shall receive an individualized program schedule designed by a physician and reevaluated periodically.

(4) The facility and participants shall be supervised by physicians, licensed physical therapists and exercise physiologists.

(5) The conditions for the NB Zone shall be as established for recreational uses in the NB District.

(6) No special exception permit shall be required for a single tenant user owning and operating a facility for its own employees.

E. Hospital.

(1) The lot area shall not be less than 10 acres, nor shall lot coverage exceed 10%.

(2) The following minimum yard dimensions shall apply to all main and accessory buildings:

(a) Front yard: 75 feet.

(b) Side yard: 100 feet.

(c) Rear yard: 100 feet.

(3) The maximum building heights shall be:

(a) In stories: four.

(b) In feet: 55.

(4) Spacing between separate buildings on a hospital site shall be at least 2/3 of the average height of any opposing wall.

(5) The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system and not from a public street.

(6) Off-street parking space requirements shall be provided in accordance with the provisions of Article VII for each component use, except that the requirement for residential quarters on a hospital site shall be reduced to one space for every two dwelling units.

(7) Off-street parking and truck unloading areas shall be designed to avoid the impression of large-scale paved areas. This shall include provisions for landscaping and screening and landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

F. Hotel/Motel.

(1) A hotel/motel site shall only be located within the land area bounded by the Cross Westchester Expressway, the Hutchinson River Parkway and Interstate Route 684.

(2) The lot area shall not be less than eight acres.

[Amended 12-17-1997]

(3) The total horizontal projection of all buildings and paved vehicular areas on the site area shall not exceed 50% of the site area.

(4) The total of all building floor areas on all stories shall not exceed 40% of the total site area.

(5) There shall be no more than 20 sleeping rooms or suites for guests per acre of site area.

[Amended 12-17-1997]

(6) Each sleeping room for guests shall have a floor area, including bathroom and closet areas, of not less than 225 square feet.

(7) Every application for hotel/motel use shall include a circulation plan, indicating all internal roadways, all roadways, intersections and driveways bounding the site, all off-street parking and truck loading areas and pedestrian accessways on the site; and also, a traffic survey and analysis, with estimates of on-site traffic generation and its impact on existing and projected traffic volumes, roadway capacity and highway safety in critical highway locations in the vicinity and proposals related to accommodating such traffic generation in each location.

(8) No paved vehicular area other than necessary access roads into the site shall be located within a required buffer strip and such areas must comply with all applicable requirements of the SB-0 Zone for parking.

[Amended 12-17-1997]

(9) Off-street parking and truck loading areas shall be designed pursuant to the requirements of Article VII, and, further, they shall include provisions for landscaping and screening and for landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

(10) The entrance to all off-street parking and truck loading spaces shall be from an internal driveway system and not from a public street.

(11) Every application for a hotel/motel use shall include a detailed and specific landscape plan, showing the proposed treatment of all open areas on the site and, more specifically, analyzing the need for the screening of service areas and buffer strip landscaping and how such need will be met on a year round basis.

(12) Every application for a hotel/motel use shall include a detailed and specific outdoor lighting plan meeting the standard set forth in § 235-18A(9).

(13) Signs.

[Amended 5-24-1978]

(a) The design and location of each proposed sign shall be submitted with the application for a hotel/motel use, which signs shall conform to the provisions of Article VIII, except that instead of two freestanding signs as provided in § 235-47A, a hotel/motel may have one freestanding sign with an area of not more than 150 square feet and an overall height not exceeding 18 feet.

(b) In addition to the freestanding sign provided for above and in addition to the signs permitted under § 235-47A, a hotel/motel may have signs located on its property for the purpose of indicating traffic directions and information concerning location of on-site facilities. The total area of any such sign shall not exceed 35 square feet, and the height of any such sign shall not exceed eight feet. The number of signs and the location and design of such signs shall be subject to the approval of the Town Board.

(14) Outdoor public address systems, entertainment or other sounds shall be controlled so that they shall not be heard beyond the hotel/motel property lines.

(15) All intensive outdoor activities shall be set back at least 100 feet from any property line and shall be so located that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.

(16) Accessory retail shop facilities shall not exceed 5% of the total floor area on all stories and shall be located in the principal public areas within the primary building without any entrance, sign, display or other evidence on the outside of such building.

(17) No hotel/motel shall be located within 500 feet of any other such use.

[Added 12-17-1997]

G. Nonprofit club, recreation.

(1) Minimum lot area.

(a) The minimum lot area required:

[1] Bathing club only: 10 acres.

[2] Golf club: 60 acres.

[3] Riding club: 20 acres.

[4] Tennis club only: five acres.

(b) The minimum lot area required for other sports shall be determined by the Planning Board.

(2) Minimum setback.

(a) The minimum setback from property lines:

Type of Club	Sports Facility (feet)	Parking or Service Areas (feet)
Bathing club only	200	100
Golf club	50	100
Riding club	200	100
Tennis club	100	100

(b) The minimum setback for other sports shall be determined by the Planning Board.

(3) In the case of a combination of recreational sport facilities, each individual facility shall observe the appropriate standard set forth above.

(4) Outdoor facilities that may be expected to have intensive use shall be screened from public view and from adjacent properties by trees, hedges or other suitable shrubbery.

(5) Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to not be incompatible with surrounding land uses.

(6) Outdoor public address systems, entertainment or other sounds shall be controlled so that they shall not be heard beyond the club property lines.

(7) One announcement sign, not over 12 square feet in area, shall be permitted on each street frontage of the club property, provided that it is set back at least 24 feet from all property lines. Such sign may be lighted only by a shielded light source attached to the sign.

(8) The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system and not from a public street.

(9) Off-street parking and truck unloading areas shall be designed to avoid the impression of large-scale paved areas. This shall include provisions for landscaping and screening and landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

H. Nursing home.

(1) The lot area shall not be less than 10 acres; lot coverage shall not exceed 10%; and the number of residential units shall not exceed seven per acre.

[Amended 8-5-1998 by L.L. No. 9-1998]

(2) The following minimum yard dimensions shall apply to all main and accessory buildings:

(a) Front yard: 200 feet.

(b) Side yard: 200 feet.

(c) Rear yard: 200 feet.

(3) The entrance to all off-street parking and truck unloading spaces shall be from an internal driveway system and not from a public street.

(4) Off-street parking and truck unloading areas shall be designed to avoid the impression of large-scale paved areas. This shall include provisions for landscaping and screening and landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

I. Parking garage.

(1) A parking garage may be a separate structure or combined with other uses in one structure.

(2) Such a structure shall not have more than two stories above the ground.

(3) Parking shall not be permitted on the roof of a parking garage in the PB, NB, CBD, SB-0, SB-1, SB-35, SB-100, MFR, MF and GA Districts, except one that is completely below the first floor elevation of the principal building on the lot, in which case such parking shall be subject to the applicable provisions of this chapter for accessory off-street parking, provided that such roof parking is enclosed by a wall at least 3.5 feet high as measured from the parking deck, is at least 200 feet from any Residence District and adequately screened from such district.

[Amended 4-2-1997]

(4) The location of such a structure shall not interfere with the provision of required landscape or other screening, nor shall it be permitted within a required buffer strip.

(5) Any part of a parking garage which is above ground shall be subject to the dimensional regulations set forth in this chapter.

(6) Parking garages shall conform to all other applicable codes, regulations or ordinances with respect to their construction, operation, maintenance and safety features.

J. Planned office park. The intent of this provision is to provide for flexible planned development and future overall control and maintenance of a planned office park site, while conserving the natural scenic environment, implementing the Master Plan and meeting the following special conditions and safeguards:

(1) An overall development plan shall be presented, showing the use or uses proposed, including dimensions, indicating the areas set aside for each use and the locations of all structures, parking spaces and rights-of-way or driveways, and the provisions for drainage, sewer and water service, lighting facilities, signs and landscaping.

(2) All of the site area not specifically covered by a building or structure, including such areas as yards, roadways and parking facilities, pedestrian walks and malls and landscaped areas, resulting from the establishment of a planned office park shall remain in control of one agency which shall be accountable for their control and maintenance.

(3) All of the applicable regulations with regard to uses permitted, accessory uses, bulk regulations and buffer strips of the Special Business (SB) Districts, § 235-12, shall prevail, except that the actual buildings may be grouped and the yard, lot area and coverage provisions applied to the group as a whole.

K. Guest facilities.

[Amended 7-11-1979]

(1) Guest facilities are permitted only in preexisting residences on parcels in SB-100 zones with preexisting residential uses or

(2) On parcels containing preexisting residences in R-2.5 zones with preexisting residential uses, which R-2.5 parcels are contiguous with parcels in SB-100 zones owned by the SB-100 owner or its wholly owned subsidiary.

L. Private stable.

(1) The minimum lot area required is 2.5 acres.

(2) There shall be a maximum of one horse for each two acres of lot area.

(3) A private stable must be located not less than 100 feet from any property line.

M. Public utility facility.

(1) In any residence district, such facilities shall not include any business office, repair services or storage of supplies and equipment, except as an accessory to the principal use.

(2) The minimum lot area shall conform to the district in which it is located, but in residence districts shall not be less than one acre.

(3) All aboveground buildings, structures or equipment installations, exclusive of transmission lines, shall conform to the minimum yard requirements for the district in which they are located, but in residence districts shall not be less than 50 feet from any lot line.

(4) Outdoor installations shall be adequately fenced and landscaped.

(5) Landscape and terrain screening shall be provided to ensure compatibility with surrounding land uses.

(6) Outdoor lighting shall be limited to that necessary for operational and security reasons and shall be so designed as to not be incompatible with surrounding land uses.

(7) Major transmission lines shall be brought into or off the site by underground cables.

N. Nonprofit public and private school.

(1) Such schools shall be nonprofit organizations within the meaning of the Internal Revenue Act.

(2) The prime purpose shall be the general education in the arts and sciences, chartered by the Board of Regents of the State of New York. The Planning Board may condition continued approval of a special exception use for a school upon receiving registration of the school from the Board of Regents in accordance with the regulations of the New York State Education Department.

[Amended 5-17-89]

(3) Such schools shall have site areas of five acres, plus two acres for each 100 pupils, with a minimum of 10 acres.

(4) Outdoor playing fields shall be screened from public view by trees, hedges or other suitable shrubbery.

(5) Adequate roads for ingress and egress shall be provided, which roads shall create no unusual traffic hazard or traffic congestion.

(6) No nursery schools, trade schools (except if some instruction in a particular trade or trades may be incorporated in the general education curriculum of the school), correctional institutions, health institutions or similar institutions not primarily directed to the general education of the students in the arts and sciences shall be permitted.

(7) The maximum permitted building height for such schools shall be three stories and 48 feet, provided that all of the following conditions are met:

[Added 5-17-89]

(a) The minimum site shall be 25 acres.

(b) The minimum setback for buildings in excess of 26 feet in height shall be three times the building height as measured from any adjacent undeveloped or residentially used property in a residence district and five times the building height from any public street.

(c) At least 45% of the perimeter of the site shall directly adjoin another parcel or parcels of land used for permitted nonresidential purposes, each of which parcels contains at least one building within the Town of Harrison equal to or exceeding the height of the proposed building(s).

(d) Appropriate buffer screening shall be designed and installed within setback areas adjoining or facing residential properties, to the extent determined appropriate by the Planning Board as a part of the site plan approval process.

O. Undertaking establishments. Such establishments shall only be located on Halstead Avenue.

P. Newspaper establishment.

[Amended 6-17-81]

(1) The minimum lot area required is 20 acres.

(2) The entrance to all off-street parking and truck loading spaces shall be from an internal driveway system and not from a public street.

(3) The design of the buildings and the arrangement of uses within them shall be such that no noise related to the newspaper establishment use shall be audible beyond the boundaries of the lot on which it is located.

(4) Any potential pollutant of the air, soil or water shall be collected within the building and disposed of in a manner approved by the County Health Department and the Harrison Town Planning Board.

Q. Gatehouse.[1]

[Added 1-20-1993]

(1) A gatehouse shall only be located on a lot acceptable to the Planning Board in the R-2.5, R-2 and R-1 Residential Zoning Districts. Such lot shall be situated so that the gatehouse shall restrict access on private streets only.

(2) Only breakaway wooden gates shall be permitted. Gates in general should be avoided.

(3) The gatehouse shall be manned by an attendant 24 hours a day, 365 days per year or provide for a telecommunications system with emergency response features, which is in all respects acceptable to the Planning Board.

(4) The area of the gatehouse shall be no more than 200 square feet.

(5) The gatehouse shall be free of signs, excessive lighting or amplified communication systems.

(6) The gatehouse shall comply with all applicable dimensional requirements including setbacks of the district in which it is situated.

(7) The gatehouse shall be constructed in complete conformance with the Official Compilation of the Codes, Rules and Regulations of the State of New York commonly referred to as the "New York State Uniform Fire Prevention Code and Building Code."

(8) The site plans for any gatehouse shall be sent to the Architectural Review Board for comments prior to any approval by the Planning Board. No approval of the special exception use permit for the gatehouse shall be granted until the Architectural Review Board has provided the Planning Board with comments on the application or 60 days have lapsed since the filing of the application with the Architectural Review Board.

(9) The gatehouse may include a toilet and wash basin, but shall not be permitted to include bathing facilities.

[1] Editor's Note: Former Subsection Q, Conservation development and transfer of density use, added 5-2-1984, was repealed 11-7-1990.

R. SB day-care center in any SB District.

[Added 2-17-1993; amended 5-6-1998 by L.L. No. 3-1998; 2-21-2007 by L.L. No. 1-2007; 5-4-2023 by L.L. No. 4-2023]

(1) An SB day-care center shall only be permitted to be located in an SB District. Notwithstanding the provisions of § 235-11, an SB day-care center shall be deemed incidental to the principal uses permitted on the lot on which it is situated and shall be a permitted use on a lot utilized for office park use or uses, subject to prior issuance of the special exception use permit for such SB day-care center.

(2) An SB day-care center may be situated in a freestanding building or in a building which otherwise is used for any other planned office use or uses, provided that the SB day-care center complies with the requirements of this § 235-17R. However, no more than one such SB day-care center shall be permitted in any SB office district unless the Planning Board, in its sole discretion, determines that:

(a) Special circumstances exist because:

[1] No other SB day-care center within such SB office parcel meets the unique day-care needs proposed to be served by the additional SB day-care center.

[2] The size or configuration of the SB office parcel or the nature of the previously approved SB day-care center warrant the establishment of an additional SB day-care center.

(b) The provision of an additional SB day-care center within such SB office district would not create an undue burden upon municipal services, nor negatively impact traffic or any other environmental factors.

(3) The application for site plan approval of such SB day-care center shall include a fully dimensional diagram floor plan showing planned occupancy or use of all areas, interior or exterior, to be utilized for day care, including, without limitation, exits, fire-prevention measures, windows, doors, sanitary facilities, adequate off-street parking (as set forth in § 235-37), and a landscaping plan, identifying the location of the fenced outdoor play area, if required, and showing details of any proposed plantings, including those in the buffer area.

(4) An appropriately fenced outdoor play area providing adequate room for the size of the SB day-care center shall be provided on site. If said outdoor play area is not directly adjacent to the indoor SB day-care center, a supervised crosswalk shall be provided between the two areas. A minimum distance of 10 feet shall be provided between all portions of said outdoor play area and all off-street parking areas and roadways. If the New York State Department of Social Services waives its requirement for an outdoor play area, the Planning Board may waive, in whole or in part, the requirement of an outdoor play area.

(5) No portion of said SB day-care center shall be located in a cellar.

(6) The SB day-care center shall be provided with adequate windows, light and air.

(7) Temporary waiver of parking improvements. In connection with the approval of the SB day-care center, the Planning Board may temporarily waive the construction of no more than 1/3 of the parking and/or loading spaces serving adjacent buildings in the SB office district (including in the aggregate thereof any previous reduction granted by variance or otherwise) (collectively the "replacement parking"), provided that such replacement parking shall be limited solely to parking and/or loading which will be removed to construct the SB day-care center and which parking and/or loading would otherwise be required to be immediately replaced for such adjacent buildings to continue to be used and occupied in accordance with their certificates of occupancy if it determines that:

(a) The applicant has demonstrated the technical feasibility of constructing the replacement parking within an appropriate area of such SB office parcel, in accordance with its site plan and accompanying drawings as may be required to be submitted to the Planning Board.

(b) On-site demand for construction of parking and/or loading spaces is less than the number of spaces required pursuant to §§ 235-37 and 235-38 and demand will not be transferred from the site to adjacent streets or to inadequately improved off-street locations as evidenced by, among other things, anticipated uses at the SB office parcel, availability of mass transportation or other communal transportation, the diminution in the intensity of on site occupancy of floor area, the number of employees on site, other changes in site conditions or other factors affecting the operation of the site.

(c) As a condition of any waiver and prior to the issuance of any building permit for the SB day-care center, a written agreement (in form and substance satisfactory to the Town Attorney) imposing covenants and restrictions running with the land shall:

[1] Be signed between the town and the owners (collectively the "owners") of all of the following premises:

[a] The premises on which the SB day-care center shall be situated.

[b] The premises on which all office buildings are situated having parking and/or loading which will be removed to construct the SB day-care center.

[c] The premises on which the replacement parking will be constructed.

[2] Be recorded in the Westchester County Clerk's Office, Division of Land Records, and indexed against all of the owners' property which is situated in the SB office district in which the SB day-care center will be located (the "owners' premises").

[3] Contain the following provisions:

[a] Reserve an adequate area on the owners' premises which is proximate to such adjacent buildings and which shall be shown and designated on an approved site plan as the location for the construction of the replacement parking.

[b] Commit the owners to commence to file plans for construction of the replacement parking within 90 days and to complete construction thereof within 270 days of receipt of written notice (the "notice") by the town that due to the absence of such replacement parking, the parking and/or loading facilities at the site are inadequate.

[c] Provide that if such replacement parking is not constructed within 270 days of the receipt of such notice, the owners' premises shall be deemed in violation of the requirements of this chapter and shall be subject to the revocation of the certificate of occupancy for the owners' building or buildings thereon.

[d] Permit the town to enter upon the owners' premises in order to construct the replacement parking as shown in the area designated on the approved site plan and, thereupon, to lien the owners' premises (in the amount of the actual construction costs, including but not limited to the town's labor, material, equipment and other soft cost, if any), which lien shall be enforceable by the town as a real estate tax lien.

[e] Require the owners on an annual basis to deliver to the Planning Board Secretary a report prepared by a licensed professional certifying the status of parking and/or loading supply and demand on the owners' premises together with the annual payment to the Town of a fee to review such report as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.

(8) No SB day-care center may exceed two stories or 25 feet in height, nor shall its floor area exceed 12,000 square feet. In addition, if located in other than a freestanding building, the area of the SB day-care center shall be limited to the first floor of such building and its floor area shall not exceed the lesser of 12,000 square feet, or 60% of the first floor of such building. Further, a minimum floor area of 35 square feet per child shall be required for each and every SB day-care center and, accordingly, maximum number of children who may be enrolled therein shall be determined by the floor area of such facility. The minimum floor area shall not include hallways, kitchens, bathrooms and office space.

(9) The area to be occupied exclusively for use by the SB day-care center (excluding parking and dropoff areas) shall not exceed the lesser of 15% of the lot area of the owners' premises or 27,500 square feet, unless such area is otherwise required to be increased in order for the SB day-care center to be licensed or authorized and regulated for such use by the State of New York Department of Social Services or other agency having jurisdiction of such use.

(10) Minimum setbacks from property lines along the outside perimeter of the SB office parcel to the SB day-care center shall be as follows:

(a) Adjoining such property lines in residential districts:

[1] Front yard: 100 feet.

[2] Rear yard: 100 feet.

[3] Side yard: 100 feet.

(b) Adjoining such property lines in business districts:

[1] Front yard: 50 feet.

[2] Rear yard: 50 feet.

[3] Side yard: 50 feet.

(11) Minimum buffer strips shall be as otherwise set forth for properties in the SB District, as detailed in the Table of Dimensional Regulations,[2] except that:

(a) Such strip(s) shall be no less than 100 feet wide where they adjoin a residential district.

(b) Adjacent to business districts, an outdoor play area may extend into the buffer, provided that the Planning Board determines that it is suitably screened from adjacent properties.

[2] Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.

(12) An SB day-care center shall be located, designed and operated so that no driveway exit or entrance serving either it or the SB office parcel in which it is situated shall be located opposite any residential district.

(13) No SB day-care center shall be approved unless the Planning Board finds that there are no negative municipal fiscal impacts associated with the SB day-care center, by reason of its ownership, operation or use by a not-for-profit or other tax exempt entity.

(14) The Planning Board shall not approve a special exception use for an SB day-care center unless, in addition to complying with the above-described conditions, it has adopted findings pursuant to the provisions of § 235-14E and has considered, among other matters or factors which the Board may deem material, those issues set forth at § 235-16.

S. Cleaning establishments.

[Added 12-20-1994]

(1) All cleaning establishments shall submit a report describing the types of chemicals used in the process of cleaning, a description of the machinery and method and process used in cleaning and the amount of chemicals and other materials to be used or stored on the premises. Such report shall be submitted to the Fire Inspector/Fire Marshal at the same time as the application is submitted to the Planning Board. The report shall be maintained and updated annually and upon any change in the type or amount of chemicals used or stored on the premises or in the machinery or process used on the premises and submitted to the Fire Inspector within 10 days of any change.

[Amended 1-20-1999 by L.L. No. 4-1999; 12-15-1999 by L.L. No. 10-1999]

(2) All cleaning establishments shall submit a report detailing the estimated amount of water and electricity to be utilized and shall establish the amount of noise in decibels generated by the machinery. Such report shall be prepared by a professional engineer or architect and be submitted to the Planning Board and Building Inspector along with the initial project application. A follow-up report shall be submitted to the Building Inspector after one year of operation to assure compliance with the original approval.

(3) No dry cleaning establishment shall be located in the same building as a residential use, with the exception of dropoff facilities.

(4) No cleaning establishment shall be permitted to operate beyond 10:00 p.m.

(5) All cleaning establishments shall submit a study detailing the estimated customer use and the relationship to off-street and on-street parking spaces. Such report shall be submitted to the Planning Board and Building Inspector along with the initial project application. A follow-up report shall be submitted to the Building Inspector after one year of operation to assure compliance with the original approval.

T. Personal wireless services facilities.

[Added 11-15-1995; amended 11-5-1997]

(1) Application requirements. In addition to requirements set forth in any other sections of this chapter, an application for a special exception use permit for a personal wireless services facility shall contain the following:

(a) A safety analysis of the electromagnetic environment immediately surrounding the proposed location of the personal wireless services facility. The safety analysis shall be prepared by a qualified electromagnetic engineering specialist or health physicist. The safety analysis shall demonstrate that radio frequency emissions from the personal wireless services facility will comply with applicable rules and regulations of the Federal Communications Commission (FCC). The safety analysis shall be updated on an annual basis to demonstrate compliance with applicable rules and regulations of the FCC. This condition can be satisfied by a statement from a qualified electromagnetic engineering specialist or health physicist that the personal wireless services facility has not been modified and that it complies with applicable rules and regulations with the FCC.

(b) Any application for a monopole and tower shall include:

[1] A full environmental assessment form and visual environmental assessment form.

[2] Site plans, floor plans, area plans and a photo-simulation.

[3] Data detailing the number and type of personal wireless services facilities the monopole and tower can structurally accommodate.

(c) Any application for a structurally mounted personal wireless services facility shall include plans with elevations of the existing structure, a photo-simulation and the proposed method of affixing the personal wireless services facilities to the structure.

(d) All applications submitted for a personal wireless services facility shall include plans, certified by a professional engineer or architect, licensed in the State of New York, showing details of relevant fixtures and couplings and the precise point of attachment evidencing compliance with applicable provisions of the New York State Uniform Fire Prevention and Building Code and the load-bearing ability of such structures.

(e) In a residential district or in a lot which abuts a residential district, any application for a personal wireless services facility shall include a report identifying other locations, if any, that the personal wireless services provider investigated for the installation of such personal wireless services facility and the reasons for not proceeding with such alternative sites. The Town Board and the Planning Board shall have the right to require the applicant to investigate reasonable alternative sites, but not more than 1/2 mile in radius from the subject site. The report should detail the feasibility of such alternative sites, the topographic limitations of such alternative sites, and technical limitations of the personal wireless services facility. The application must demonstrate that adequate coverage cannot be provided by siting the personal wireless services facility on lots which are not in residential districts or abut residential districts. This subsection does not apply to structurally mounted antennas.

(f) Every application for a personal wireless services facility shall include an assurance of the removal of any abandoned or unused personal wireless services facility consisting of the consent of the property owner for the town or its agents to enter the property for the purpose of removing any abandoned or unused personal wireless services facility and either:

[Added 5-6-1998 by L.L. No. 2-1998; 6-3-1998 by L.L. No. 5-1998]

[1] A bond from a surety approved by the Town Comptroller, in a form approved by the Town Attorney in an amount determined by the Town Engineer to be sufficient to cover the cost of removal and disposal of any abandoned or unused personal wireless services facility; or

[2] The consent of the property owner, in a form acceptable to the Town Attorney, that the cost of removal and disposal of any abandoned or unused personal wireless services facility shall be a lien chargeable against the property and enforceable by the town if the town shall remove and/or dispose of any abandoned or unused personal wireless services facility.

(g) Every application shall include the name and address of a natural person who resides or has a place of business in Westchester County who shall be designated as managing agent in control of and responsible for the maintenance of the personal wireless services facility and who shall be designated as the person upon whom process may be served as agent of the applicant.

[Added 5-6-1998 by L.L. No. 2-1998; 6-3-1998 by L.L. No. 5-1998]

(2) Special exception use standards. A personal wireless services provider applying for a special exception use permit shall establish its compliance with the following standards:

(a) Installation of the personal wireless services facility at the location proposed is necessary to meet the current or expected demands of such personal wireless services provider.

(b) The equipment utilized in the personal wireless services facility conforms with applicable regulations governing radio frequency emissions as promulgated by the Federal Communications Commission.

(c) The proposed location of the personal wireless services facility on or within the property, and any proposed screening, will reasonably minimize its visibility from surrounding public streets and adjacent properties. If a lot upon which the personal wireless services facility is located is in a residential district or abuts a residential district or public property, an appropriate buffer as required by the Planning Board will be established to minimize aesthetic impacts.

(d) The personal wireless services facility complies with applicable setbacks for an accessory structure on the lot. However, monopoles and towers shall be located a minimum of 500 feet from a residential dwelling, but in no case less than 250 feet from the adjoining residential property line.

(e) The personal wireless services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.

(f) The minimum lot area of the lot in which a personal wireless services facility shall be located shall be no less than one acre. Measurement of the lot area shall include the entire lot and not just the dimensions of the actual personal wireless services facility. This subsection does not apply to structurally mounted antennas.

(g) The personal wireless services facility and accessory structures shall not exceed the maximum allowable lot coverage. This subsection does not apply to structurally mounted antennas.

(h) The color of such personal wireless services facility will reasonably minimize its visibility from surrounding public streets and adjacent properties.

(3) Co-location.

[Amended 5-6-1998 by L.L. No. 2-1998; 6-3-1998 by L.L. No. 5-1998]

(a) The shared use of existing personal wireless services facilities "co-location") shall be encouraged. Co-location shall mean the use of the same: monopole or tower; or structural element or fagade of a structure within 150 feet of a preexisting or approved location of a personal wireless services facility. Accordingly, the town shall maintain an inventory of existing personal wireless services facilities (the "existing facilities inventory"). Any application for a personal wireless services facility shall include a statement that the town's existing facilities inventory has been reviewed and, to the extent relevant to provide personal wireless service in the area which is the subject of such application, that reasonable efforts have been made to co-locate such facility on any site identified in such existing facilities inventory. To the extent that the existing facilities inventory identifies existing sites consideration shall be given to the following:

[1] Can adequate and reliable personal wireless service be provided from any such alternative co-location sites in a technologically feasible manner consistent with the personal wireless services provider's system requirements?

[2] Can any of the alternative co-location sites accommodate the proposed personal wireless services facility with respect to structural or other engineering limitations (e.g., frequency incompatibilities)?

[3] Has the owner of any of the alternative colocation sites agreed to permit another personal wireless services facility thereat?

(b) If any of the considerations required to be addressed pursuant to § 235-17T(3)(a) above are answered in the negative, co-location of the proposed personal wireless services facility shall not be required.[3]

[3] Editor's Note: Former Subsection T(3)(c), regarding co-location which is proposed for an alternative co-location site, was repealed 6-3-1998 by L.L. No. 5-1998.

(4) Landscaping and screening of monopoles and towers. Landscaping or other screening shall be located to reasonably minimize the visual impact of personal wireless services facilities located on the ground. Additional screening may be required by the Planning Board to screen portions of the tower or monopole from nearby residential property or important views.

(5) Screening of structurally mounted antennas. Structurally mounted antennas shall be designed so as to blend into the facade of the structure to which they are mounted.

(6) Waiver. The Town Board, in its consideration of an application involving personal wireless services facilities, shall have the discretion to waive any of the special permit standards or criteria contained in § 235-17T, and the Planning Board shall have the discretion to recommend the waiver thereof in its resolution.

U. SB-0 educational schools.

[Added 1-3-2001 by L.L. No. 1-2001; amended 12-28-2007 by L.L. No. 8-2007]

(1) SB-0 educational schools shall be located on a lot of not less than 30 acres or more than 39 acres, except for parcels located on West Red Oak Lane, which shall have a minimum of nine acres or more and are used as a school on December 31, 2007.

(2) Such schools shall be located within 1,800 feet of the Cross Westchester Expressway and west of Interstate 684, except for parcels on West Red Oak Lane that are used as a school as of December 31, 2007.

(3) Such schools shall have access to and frontage on Westchester Avenue, except for schools on West Red Oak Lane.

(4) The dimensional requirements of any additions to such schools shall conform to those in the SB-0 District and the parking requirements of a school set forth in § 235-17 of the Zoning Ordinance.

(5) Outdoor playing fields at such schools shall be screened from public view by trees, hedges or other suitable shrubbery.

(6) Adequate roads for ingress and egress shall be provided at such schools, which roads shall create no unusual traffic hazard or traffic congestion.

(7) A student circulation plan shall be submitted with each site plan for such schools, which shows student movement between buildings on such properties.

(8) A teacher training institute, although deemed a trade school, may be incorporated in the campus of such schools.

(9) No more than 10 members of the faculty of such SB-0 educational schools may be boarded on the property.

V. NB Multiple Dwellings.

[Added 7-7-2011 by L.L. No. 5-2011; amended 6-16-2022 by L.L. No. 2-2022]

(1) NB multiple dwellings shall be located on lots within the NB District.

(2) The Dimensional Regulations set for in § 235, Attachment 4, shall apply to all multiple-family dwelling units in an NB Zone except as provided in § 235-17(V)(3) and § 235-17(V)(4).

(3) Notwithstanding the Dimensional Regulations in § 235, Attachment 4, where the proposed multiple residential dwelling in the NB Zone is within 1,500 linear feet of the closest point of the Harrison Metro-North Train Station, the maximum height shall be 45 feet and 4 stories.

(4) Notwithstanding Article X of the Harrison Town Code regarding the Harrison Zoning Board of Appeals and the powers set forth therein, and further notwithstanding the Dimensional Regulations in § 235, Attachment 4 with regard to stories and height, where the proposed multiple-residential dwelling in an NB District is on Halstead Avenue, the maximum height shall be 40 feet and 3 stories.

(5) This authorization set for in §§ 235-17(V)(3) and (V)(4) above shall in no way diminish the power or authority of the Zoning Board of Appeals to issue a variance with regard to either height or stories in an appropriate matter upon satisfaction of the criteria set forth in Harrison Town Code § 235-60 and New York Town Law § 267-b.

(6) Notwithstanding the provisions of § 235-25 of the Zoning Ordinance, usable open space shall be provided to NB Multiple Dwellings as determined by the Planning Board as part of the site plan approval process.

W. SB-0 stand-alone fitness centers.

[Added 8-4-2011 by L.L. No. 6-2011]

(1) The minimum lot area for an SB-0 stand-alone fitness center shall be 20 acres. SB-0 stand-alone fitness centers shall only be permitted on parcels located on roads with direct access to Westchester Avenue, and located between I-287, I-684, the connector road from 1-287 to 1-684, and the Hutchinson River Parkway.

(2) Every application for a stand-alone fitness center use shall include a circulation plan, indicating all internal roadways, all roadways, intersections and driveways bounding the site, all off-street parking and truck loading areas and pedestrian accessways on the site; and also, a traffic survey and analysis, with estimates of on-site traffic generation and its impact, if any, on existing and projected traffic volumes, roadway capacity and highway safety in critical highway locations in the vicinity and proposals related to accommodating such traffic generation in each location, as well as any required on-site or off-site mitigation measures, as may be required by the Planning Board.

(3) No paved vehicular area other than necessary access roads into the site shall be located within a required buffer strip.

(4) Off-street parking and truck loading areas shall be designed pursuant to the requirements of Article VII, and, further, they shall include provisions for landscaping and screening and for landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

(5) The entrance to all off-street parking and truck loading spaces shall be from an internal driveway system and not from a public street.

(6) On-site bicycle storage racks shall be provided with at least 1 bicycle space per 10,000 square feet of gross building floor area. Where feasible, some or all of this bicycle storage shall be provided within a secure, enclosed bicycle storage space.

(7) Every application for a stand-alone fitness center use shall include a detailed and specific landscape plan, incorporating native species wherever feasible, showing the proposed treatment of all open areas on the site and, more specifically, analyzing the need for the screening of service areas, outdoor use areas and buffer strip landscaping and how such need will be met on a year round basis.

(8) Every application for a stand-alone fitness center use shall include a detailed and specific outdoor lighting plan meeting the standard set forth in § 235-18A(9), which documents all proposed site lighting. Site lighting shall be restricted to the minimum necessary to allow for the appropriate and safe operation of the facility, and shall include automatic controls to turn off exterior lighting when sufficient daylight is available and when lighting is not required during nighttime hours, include fixture integrated lighting controls such as motion sensors to reduce light levels, use cut-off and shielded luminaries to prevent light trespass beyond property lines and unnecessary glare, among other measures."

(9) Signs.

(a) The design and location of each proposed sign shall be submitted with the application for a stand-alone fitness center use, which signs shall conform to the provisions of Article VIII, except that instead of two freestanding signs as provided in § 235-47A, a stand-alone fitness center may have one freestanding sign with an area of not more than 150 square feet and an overall height not exceeding 18 feet; and two (2) wall signs with an area of not more than 200 square feet each.

(b) In addition to the freestanding sign provided for above and in addition to the signs permitted under § 235-47A a stand-alone fitness center may have signs located on its property for the purpose of indicating traffic directions and information concerning location of on-site facilities. The total area of any such sign shall not exceed 35 square feet, and the height of any such sign shall not exceed eight feet. The number of signs and the location and design of such signs shall be subject to the approval of the Town Board.

(10) All intensive outdoor activities shall be set back at least 100 feet from any property line and shall be so located that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.

(11) Competitions, tournaments, matches, festivals and other similar events that would attract spectators, who are not members or guests of the stand-alone fitness center, are prohibited, except with the prior consent of the Town/Village Board.

(12) Notwithstanding the provisions of § 235-37 of the Town of Harrison Zoning Ordinance to the contrary, the minimum off-street parking for a stand-alone fitness center shall be provided as follows: 6 per each 1,000 square feet of floor area (not including any floor area devoted exclusively to tennis courts), plus 4 per each tennis court.

X. SB-0 Multifamily Residential. This use has been established to provide housing opportunities for young people and empty nesters who are seeking efficient, well designed, conveniently located housing opportunities and who are not anticipated to create additional demands on the Harrison School District.

[Added 4-7-2016 by L.L. No. 1-2016; amended 9-20-2022 by L.L. No. 4-2022]

(1) The applicant shall submit a recent (no earlier than 12 months from the date of application) market survey indicating there are a sufficient number of individuals that would occupy the proposed number of housing units in the proposed price range (either purchase or rental) to assist the Planning Board in its review of the feasibility of the proposed project.

(2) The site for an SB-0 Multifamily Residential project shall have a minimum of five acres. SB-0 Multifamily Residential projects shall only be permitted on parcels located south of I-684.

(3) The site shall have a minimum frontage of 350 feet on a mapped public or private roadway except where lesser frontage is permitted pursuant to § 235-17X(15), below.

(4) No SB-0 Multifamily Residential project shall contain more than 450 dwelling units.

(5) Lot building coverage shall not exceed 45%.

(6) All buildings shall comply with the applicable requirements set forth in the Table of Dimensional Regulations for the SB-0 Zoning District, as modified in this section.[4]

[4] Editor's Note: See the Business Districts Table of Dimensional Regulations included as an attachment to this chapter.

(7) A minimum of 475 square feet shall be provided for efficiency (studio) apartments, and a minimum of 600 square feet shall be provided for one-bedroom apartments. The maximum number of bedrooms or potential bedrooms in an apartment/dwelling unit shall be three.

(8) The design of the project, number of bedrooms, size of units, unit mix and all other factors relating to the intended occupants of the dwelling units shall be primarily geared toward young people, empty nesters, and residents without young children.

(9) A minimum of 2,500 square feet of recreation space, which may include interior spaces such as a community or recreation room, shall be provided at the site. This requirement is intended to supersede the usable open space requirements set forth in § 235-25 of the Zoning Ordinance, which shall not apply to SB-0 Multifamily Residential projects.

(10) A minimum of 1.25 off-street parking spaces for each dwelling unit shall be provided.

(11) In cases where an SB-0 Multifamily Residential project abuts a nonresidential use, a landscape buffer a minimum of 40 feet in depth for side and rear yards and 25 feet in depth for front yards shall be provided. Landscaped parking areas, outdoor patio associated with the restaurant use, retaining walls, stormwater management facilities, wetland restoration/enhancement areas, driveway access, and internal circulation walkways/roadways (including those for emergency vehicle access) may be located within a required buffer strip.

(12) An SB-0 Multifamily Residential project may also incorporate retail, retail service or restaurant uses within the project, subject to the special exception use requirements of § 235-17Y. When included within the same building as the residential uses, the nonresidential use shall be restricted to the first floor and shall not exceed 25,000 square feet of gross floor area.

(13) The main entrance of an SB-0 Multifamily Residential project shall be located no more than 1,300 feet (1/4 mile) from a mass transit link. If located further than 1,300 feet, a suitable alternative means of minimizing vehicle trips to and from the site must be employed, such as the use of a shuttle bus.

(14) The dimensional requirements for any SB-0 Multifamily Residential project site shall be as follows:

Lot Area (square feet)
Minimum	5 acres
Minimum per family unit	350 square feet
Lot coverage
Maximum building coverage	45%
Lot width	300
Required yards
Front	50*
Side (adjoining residence district)	100
Side (adjoining business district)	40
Rear	45
Habitable Area (minimum)	475
Height
Stories	6**
Floor area ratio	No requirement

Notes:

*The front yard may be reduced to 25 feet, for an area not to exceed 25% of the total width of that portion of the building located parallel to the required front yard.

**If the SB-0 Multifamily Residential project features structured parking that is partially below grade the parking floor that is located partially below grade shall not constitute a story for the purposes of calculating height.

(15) Redevelopment of previously developed parcels.

(a) In instances where the configuration of previously developed parcels prevents the provision of required frontage, such as in the case of a landlocked parcel, the minimum frontage of an SB-0 Multifamily Residential project site may be reduced or eliminated if permanent access to a public or private roadway via common ownership or an easement recorded against the subject properties, in a form to be approved by the Town Attorney, is provided through another lot providing the required frontage. Where such landlocked parcels exist, the front lot line shall be the lot line facing the roadway to which said parcel has access.

(b) Where an SB-0 Multifamily project site is created on a parcel that also supports an existing office building, the Planning Board, subject to the following requirements, may permit a reduction in the number of off-street parking spaces that would otherwise be required for the existing office building, with the following limitations:

[1] The applicant shall submit a parking survey indicating there is a sufficient number of off-street parking spaces located on the same parcel as the existing office building to accommodate the existing office building.

[2] Required parking shall be provided at a ratio of not less than one off-street parking space per 300 square feet of floor area.

[3] If there is any future change in the nature of the use of the existing office building that results in significantly greater daily parking demand, such as a change from general office to medical office, Planning Board review may be required at the discretion of the Building Inspector and Town Planner, to determine if additional off-street parking is required to accommodate the new use.

(c) Where an SB-0 Multifamily project site is created on a parcel that also supports an existing office building, access drives supporting an SB-0 Multifamily project may be located within a required landscape buffer for the existing office building.

(16) Whenever an SB-0 Multifamily Residential project is authorized for development in any portion of a floodplain, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for at a 4:1 ratio and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating elevation.

Y. SB-0 retail use; retail service use; restaurant use.

[Added 4-7-2016 by L.L. No. 1-2016]

(1) An SB-0 retail use, retail service use or restaurant use shall not exceed 25,000 square feet in gross floor area. An SB-0 restaurant use may include outdoor dining to be located on the same parcel as the SB-0 restaurant use.

(2) If the SB-0 retail use, retail service use, or restaurant use is provided within a mixed-use building, the retail use shall be limited to the first floor.

(3) In instances where the SB-0 retail use, retail service use, or restaurant use will be combined with other uses on the site, the Planning Board may, subject to the submission of a vehicle trip-generation report by the applicant, reduce the required off-street parking requirement from one space per 175 square feet of floor area to no less than one space per 400 square feet of floor area for retail and retail service uses, and from one per four permanent seats or 150 square feet of floor area to one per six permanent seats or 300 square feet of floor area, whichever is greater, for restaurant use.

(4) Shared parking between any SB-0 retail use, retail service use, or restaurant use shall be provided wherever feasible.

(5) Signage for any SB-0 retail use, retail service use, or restaurant use shall be restricted to the site's individual monument sign or shall be mounted on the building itself. No separate freestanding signs shall be permitted on the site.

(6) The architecture of the SB-0 retail use, retail service use, or restaurant use building, whether freestanding or included within a mixed-use building, shall reflect the high-quality architectural character of the surrounding office parks and shall minimize the individual corporate logos or branding of the retail use, in favor of a unified, comprehensive site and area-wide design.

(7) Provisions shall be made for deliveries and loading. For retail, retail service and restaurant uses exceeding 20,000 square feet in floor area, a separate loading space shall be provided in accordance with § 235-41I.

Z. Senior Living Facility.

[Added 6-16-2016 by L.L. No. 1-2016(v)]

(1) Definitions. For the purposes of this Subsection, the following terms shall apply:

SENIOR LIVING FACILITY

A residential facility containing Independent Living, Assisted Living and/or Memory Care Units (as each category of Unit type is defined below), where the age of all residents in such Facility is 55 years or older, and no one category of Unit type exceeds 50% of the Unit mix in such Facility.

ASSISTED LIVING UNIT

A unit specifically designed for use and occupancy by individuals who benefit from daily monitoring, and may be provided, whether by the facility operator or an appropriate third party, medication supervision, personal care services and assistance with other activities of daily living, such as bathing, dressing, grooming, eating and/or ambulation.

MEMORY CARE UNIT

A unit specifically designed for the use and occupancy by individuals suffering from dementia.

INDEPENDENT LIVING UNIT

A unit specifically designed to accommodate individuals with increasing frailty, which unit shall contain a kitchen, and for which there are also common amenities available for the residents thereof outside of the unit, including dining facilities, laundry, security and housekeeping services.

ARTERIAL ROADWAY

a road designed to carry traffic between the Town of Harrison and surrounding municipalities, as identified in the Town of Harrison 2013 Comprehensive Plan (Figure 2-6) as either a Major or Minor Arterial road.

(2) Siting Requirements. A site eligible for this special exception use must (i) be held in single ownership at the time of the enactment of this Subsection, (ii) have been improved with, and used immediately previously as, a non-residential use, (iii) consist of at least 6 acres with at least 1,500 feet of frontage along an Arterial Roadway, and (iv) not be located on land owned by a municipality and/or a public or private school or university.

(3) Lot and area requirements. The following requirements shall apply to all Senior Living Facilities permitted hereunder:

(a) Minimum lot area: 6 acres.

(b) Minimum lot width (measured at the front yard setback): 800 feet.

(c) Maximum building coverage: 20%.

(d) Minimum front yard: 40 feet.

(e) Minimum rear yard: 30 feet.

(f) Minimum side yard: 30 feet (60 feet combined).

(4) Density. No more than 25 Units per acre of contiguous land shall be permitted.

(5) Height. The maximum height of any Senior Living Facility building shall be 55 feet or 4 stories.

(6) Off-street parking. At least 1 parking space for every 2 Units shall be provided on site. Parking spaces may be located within required front and side yards, provided that such spaces are set back at least 5 feet from any property line.

(7) Accessory uses.

(a) Living area(s) for the common use of the residents, adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include, but not be limited to, living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.

(b) Dining area(s) for the common use of the residents, adequate in location, number, size and amenities to satisfactorily serve the needs of such residents.

(c) Central commercial kitchen adjacent to the common dining area(s), and from which food service is provided to the common dining area(s).

(d) Indoor and outdoor passive recreational areas for the common use of the residents.

(e) Laundry facilities for the residents' personal use.

(f) Linen and housekeeping services.

(g) Personal-care services for residents only, including, but not limited to, medical and dental care (outpatient services only), physical therapy, assistance with dressing, bathing, eating, ambulation and general supervision.

(h) Twenty-four-hour supervision by on-site responsible staff person(s).

AA. SB-0 Stand-Alone Retail.

[Added 4-6-2017 by L.L. No. 2-2017]

(1) The minimum lot area for an SB-0 Stand-Alone Retail use shall be 20 acres. SB-0 Stand-Alone Retail uses shall only be permitted on parcels located on roads with direct access to Westchester Avenue, and located between I-287, I-684, the connector road from I-287 to I-684, and the Hutchinson River Parkway.

(2) All SB-0 Stand-Alone Retail buildings shall comply with the applicable underlying dimensional requirements set forth in the Table of Dimensional Regulations for the SB-0 Zoning District,[5] except to the extent that such requirements are modified by this section.

[5] Editor's Note: See the Business Districts Table of Dimensional Regulations included as an attachment to this chapter.

(3) The yard setback and landscape buffer dimensional requirements for any SB-0 Stand-Alone Retail project site shall be as follows:

Required Yards
	Side	40 feet
	Rear	50 feet
Required Landscape Buffer		25 feet

(4) Every application for a Stand-Alone Retail use shall include a detailed and specific landscape plan, incorporating native species wherever feasible, showing the proposed treatment of all open areas on the site, and, more specifically, analyzing the need for the screening of service areas, outdoor use areas and buffer strip landscaping and how such need will be met on a year round basis. Landscaped parking areas, outdoor patios, retaining walls, stormwater management facilities, wetland restoration/enhancement areas, driveway access, and internal circulation walkways/roadways (including those for emergency vehicle access) may be located within a required landscape buffer.

(5) Off-street parking and truck loading areas shall be designed pursuant to the requirements of Article VII, and, further, they shall include provisions for landscaping and screening and for landscaped islands within the parking areas in the proportion of 15 square feet for each parking space.

(6) Notwithstanding the provisions of § 235-23 of the Town/Village of Harrison Zoning Ordinance, and except as hereinafter provided, nothing shall restrict the height of the following for SB-0 Stand-Alone Retail uses: spires, belfries, cupolas, domes, chimneys, ventilator elevators or stair bulkheads, water tanks and necessary mechanical appurtenances usually carried above the roof level. Such features shall be built only to such height as is necessary to accomplish the purpose that they are to serve and shall not:

(a) Exceed 25% of the ground floor area of the building.

(b) Exceed 20 feet in height. Where a building is not located within 500 feet of any residential zoning district, such features may reach 30 feet in height.

(c) Be used for residence or tenancy purposes.

(d) Have any sign, nameplate, display or advertising device whatsoever inscribed upon or attached to such building or structure.

(7) Notwithstanding the provisions of § 235-26 of the Town/Village of Harrison Zoning Ordinance, retaining walls constructed in connection with a Stand-Alone Retail use may not exceed 10 feet in height within a required side or rear yard or six feet in height within a required front yard. To the extent such retaining walls are terraced, there must be a minimum of six feet between the faces of such terraced walls.

(8) The design and location of each proposed sign shall be submitted with the application for a Stand-Alone Retail use, which signs shall conform to the provisions of Article VIII, except that instead of two freestanding signs as provided in § 235-47A and a single wall sign as provided in § 235-47B, each building in a Stand-Alone Retail use may have two freestanding signs with an area of not more than 150 square feet each and an overall height not exceeding eighteen feet; and five wall signs with a total area of not more than 1,200 square feet. Such signs may be visible off the premises.

(9) Notwithstanding the provisions of § 235-37 of the Town/Village of Harrison Zoning Ordinance to the contrary, the minimum off-street parking for a Stand-Alone Retail use shall be provided as follows:

(a) Retail Uses: 1 per each 200 square feet of floor area.

(b) Restaurant Uses: 1 per 4 permanent seats or 150 square feet of floor area, whichever is the greater.

BB. TOD development.

[Added 12-21-2017 by L.L. No. 2-2018]

(1) The off-street parking requirements for retail and retail service uses, and office special exception uses in a TOD development shall be two spaces for each 1,000 square feet of gross floor area.

(2) The parking structure constructed to support a TOD development on the MTA parcels shall include a minimum of 475 commuter spaces.

(3) The parking structure on the MTA parcels shall be designed to conform with all applicable MTA requirements.

(4) Shared use of the commuter parking spaces in the parking structure on the MTA parcels shall only be permitted between the hours of 4:00 p.m. to 4:00 a.m. or as otherwise agreed to the Metropolitan Transportation Authority.

(5) All parking structures shall include appropriate security measures and facilities.

(6) The parking structure on the MTA parcels shall include an office to facilitate the administration of the facility and to provide customer services.

(7) The maximum floor area for any single retail space shall not exceed 12,000 square feet.

(8) The parking structure on the MTA parcels shall be wrapped with residential and/or nonresidential uses, so as to disguise the presence of the parking structure.

(9) Buildings shall be designed with consideration given to all vantage points. Blank, featureless, uninterrupted walls, both horizontally and vertically, shall not be permitted.

(10) All first floor storefronts shall include occupied spaces along Halstead Avenue containing a minimum of 70% window and/or door glass. Faux storefronts are prohibited.

(11) To ensure an appropriate mix of commercial uses in the TOD development, no more than 40% of the nonresidential gross floor area shall be comprised of office space, not including office space accessory to any permitted use or special exception use.

(12) High quality architectural elements shall be employed to provide visual interest, reduce building scale, promote the integration of various design elements, in conformance with the TOD development guidelines.

(13) At least 5% of the project site shall be devoted to open space areas, pedestrian plazas or other pedestrian oriented spaces. These areas shall be publicly accessible.

(14) The TOD development shall include streetscape improvements which shall include, but not be limited to, street trees, landscaping, planters, trash receptacles, benches, public art, sidewalks and pavers, curbing and street lighting. Additionally, the TOD development on the MTA parcels shall suitably incorporate the existing clock located on Halstead Avenue.

(15) All new utilities shall be placed underground.

(16) No utility facilities, refuse collection areas, HVAC systems and other mechanical equipment shall be located on the Halstead Avenue side of the development, and in any case shall be suitably screened.

(17) The TOD development on the MTA parcels shall be designed to facilitate and encourage public access through the project, to the Metro-North train station and other transit facilities.

CC. GC-RF Multiple Dwellings and Townhouses.

[Added 8-10-2023 by L.L. No. 7-2023]

(1) The proposed development shall comply with Chapter 146 of the Town Code, Flood Damage Prevention, except as follows:

(a) No building or structure shall be permitted in the Regulatory Floodway.

(b) The habitable space within residential structures shall have the lowest floor elevated to or above two feet above the 500-year base flood elevation.

(c) A parking garage or other uninhabited portion of a structure that is designed to allow a 500-year flood to pass through the structure without causing an adverse impact to public health and safety, is permitted within the floodplain. A hydrological analysis shall be submitted to demonstrate compliance with this provision.

(d) Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at the development site, or in an alternative location within the same watershed, approved by the Town Engineer. The compensatory flood storage volume shall be provided at a 4:1 ratio.

(e) An unimpeded pedestrian access route shall be provided, which shall be located above the 500-year base flood elevation, from a central point of refuge in a multi-family building, or, in the case of a townhouse, in a centralized location, to the nearest public street that is also situated above the 500-year base flood elevation.

(f) All building HVAC and mechanical equipment, including emergency generators, shall be located above the 500-year base flood elevation.

(2) The applicant shall submit a recent (no earlier than 12 months from the date of application) market survey indicating there are a sufficient number of individuals that would occupy the proposed number of housing units in the proposed price range (either purchased or rental) to assist the Planning Board in its review of the feasibility of the proposed project.

(3) The applicant shall submit a municipal service and infrastructure analysis that addresses the project's impact on community services, schools, infrastructure and traffic conditions.

(4) The design of the project, number of bedrooms, size of units, unit mix and all other factors relating to the intended occupants of the dwelling units shall be primarily geared toward young people, empty nesters, and residents without young children.

(5) No more than 10% of the units in any residential development shall consist of three bedrooms. If more than 10% of the units in any residential development are proposed to contain three bedrooms, a school impact study shall be submitted that addresses the impact of the proposed development on the school enrollments and fiscal impacts.

[Amended 11-29-2023 by L.L. No. 8-2023(T)]

(6) A minimum of 300 square feet of recreation space per dwelling unit is required, which may include interior spaces such as a community or recreation room, fitness room, etc. This requirement shall supersede the usable open space requirements set forth in § 235-25 of the Zoning Ordinance.

(7) A minimum of 1.25 off-street parking spaces for each dwelling unit shall be provided.

(8) To facilitate the proximity of a GC-RF residential development to the Metro North train station and the downtown, one enclosed bicycle parking space, or bicycle locker, shall be provided for every two dwelling units.

(9) High quality architectural elements shall be employed to provide visual interest, reduce building scale and promote the integration of various design elements.