Village of Port Chester

Accessory Building

ACCESSORY BUILDING — A Building that shares a Lot with a Principal Building and that has a footprint that is no more than 50% of the footprint of the Principal Building. An Accessory Building may or may not have an Accessory Dwelling Unit or be occupied or devoted to one or more Accessory Uses. See Illustration 345.1003.A-1 (Accessory Building)

Accessory Dwelling Unit

ACCESSORY DWELLING UNIT — A Dwelling Unit in an Owner-Occupied Building having habitable space not greater than 600 square feet, which shares ownership and utility connections with a Principal Building; it may or may not be within an Accessory Building.

Accessory Garden Center

Adult Day-Care Facility (Civic)

ADULT DAY-CARE FACILITY — A facility for adults 18 years of age or older, which offers in a group setting community-based day-care services with a program of individual and group activities and/or therapies, and which has received and maintains in full force and effect all necessary state approvals and licenses.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV

Vehicle Parking:
1 parking space per 200 square feet of gathering or activity Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Adult Day-Care Facility (non-Civic)

ADULT DAY-CARE FACILITY — A facility for adults 18 years of age or older, which offers in a group setting community-based day-care services with a program of individual and group activities and/or therapies, and which has received and maintains in full force and effect all necessary state approvals and licenses.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 3 seats or 1 parking space per 200 square feet of activity Usable Floor Area, whichever is greater.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Adult Day-Care Facility (Non-Civic):

[a] The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b] All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c] The person primarily responsible for the Facility shall be a full-time resident.
[d] Such Facility shall not provide medical- or personal-care services that extend beyond assistance with dressing, bathing, diet and medication prescribed for self-administration.
[e] Such Facility shall not be housed in an Accessory Structure.
[f] Fencing shall be provided to restrict occupants from hazardous areas, such as open drainage ditches, wells, holes and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict occupants from these areas.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Alcoholic Beverage Retail Sales

ALCOHOLIC BEVERAGE RETAIL SALES — An establishment engaged in the Retail sale of Alcoholic Beverages for off-premises consumption.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Alcoholic Beverage Retail Sales:

[a] May not be located within 300 feet of any Place of Worship, school, or Civic Space; may not be located within 100 feet of any CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District line.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Alcoholic Beverage-Serving Establishment

ALCOHOLIC BEVERAGE-SERVING ESTABLISHMENT — Premises at which Alcoholic Beverages are served, such as a Bar, Brewpub, Tavern, Restaurant with Alcoholic Beverage Service, and Tasting Room.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 4 permanent seats at tables. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Alcoholic Beverage-Serving Establishment:

[a] May not be located within 300 feet of any Place of Worship, school, or Civic Space; may not be located within 100 feet of any CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District line.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Artisan Establishment

ARTISAN ESTABLISHMENT — Any Structure, premises, or establishment in or on which articles of artistic quality or effect or handmade workmanship are produced with or without Retail sales of such articles. Examples of activities that may be conducted in an Artisan Establishment are candlemaking, furniture making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and tailoring.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Automobile Dealership Service Center

AUTOMOBILE DEALERSHIP SERVICE CENTER — A facility that repairs, services and prepares automobiles for sale or resale and is affiliated with an automobile dealership and is duly licensed under the laws of the State of New York.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4

Vehicle Parking:
1 parking space per 200 square feet of Usable Floor Area, plus 0.25 parking spaces per vehicle available for rental or sale, plus 1 parking space per employee work station, plus 1 parking space per vehicle storage space, plus 1 parking space per work bay.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Automobile Dealership Service Center:

[a] Servicing, repair and storage of vehicles; cosmetic reconditioning.

[i] All servicing and repair of automobiles shall take place entirely within the Building, and no servicing or repair of vehicles shall be visible from any Adjacent public street. No painting or auto body repair work shall be permitted, except for Cosmetic Reconditioning to such vehicles as defined and to the extent permitted herein. There shall be no outdoor storage of vehicles being serviced or repaired except for temporary parking of such vehicles before and after servicing. On-site storage of vehicles for sale or resale shall be permitted at the site, provided that such storage of vehicles is solely contained within the Building.
[ii] "Cosmetic reconditioning" is defined in Article 10 (Definitions) as incidental repairs and refinishing limited to plastic and trim parts of the vehicle, including bumpers, moldings, mirrors, headlight lenses, and the restoration of alloy wheels. Vehicle side panels may also be refinished on occasion when the bumper scrape may carry into the fender for a uniform repair. Cosmetic reconditioning shall not include painting of the complete vehicle.
[iii] The cosmetic reconditioning equipment and the entire reconditioning operation shall be wholly contained within the existing service building. The applicant shall obtain the requisite exhaust emissions permit for the cosmetic reconditioning equipment from the Westchester County Department of Health. The applicant shall provide a current copy of the county permit and ensuing operating certificate to the Village. Any proposed changes to such operating permit shall require an amendment to the special exception use granted pursuant to this section. Said equipment shall be limited in size to no more than 3,000 square feet, and its operation shall be under the direction of the automobile dealership service center to only serve dealership customers during normal business hours and only on the level of reconditioning limitations noted herein as a customary accessory use to the automotive dealership service center.
[iv] No traditional collision repair equipment, such as frame machines, welders or unibody straightening machines, shall be permitted in conjunction with the cosmetic reconditioning operation.

[b] The minimum total Usable Floor Area utilized by the facility within the building shall be 50,000 square feet, of which portions of such Usable Floor Area shall be utilized exclusively as office space and/or employee utility space, together having a floor area ratio of more than 0.10 with reference to the total service area, and any area utilized exclusively as a customer service area shall not exceed 70% of the total Usable Floor Area.
[c] A Retail Accessory Use shall be permitted at the site, provided that not more than 5% of the Usable Floor Area is utilized for such Retail Use.
[d] In addition to the requirements of Article 7 (Sign Standards), no flashing, moving or intermittently illuminated advertising devices are permitted. All signs shall be integrated with the architectural design of the Structure. No Sign shall project above the roof of the Structure.
[e] One gas pump may be installed at the site, provided that it is used solely for the vehicles being serviced or repaired therein, and it is not utilized for sale to the general public, and it is installed as required by the State of New York.
[f] Such facility must be duly licensed as an authorized repair facility as required by the State of New York.
[g] The applicant shall submit a traffic analysis which indicates that the proposed project can be accommodated by the existing roadway system and/or proposed improvements to the roadway system at satisfactory levels of service.
[h] All plots, lots or parcels of land containing 15,000 or more square feet of area or having or proposing a use requiring 20 or more parking spaces, or both, shall comply with the following requirements:

[i] The requirements of Table 345.405.N-1 (Vehicular Parking Requirements) shall not apply to this Use, except that there shall be provided an accessway running from a public road to the Parking Area of the lot.
[ii] The way and drive contained therein shall be for the exclusive use of the property and Parking Area.
[iii] The way at the curbline and throughout its length shall be not less than 15 feet from any other way or Driveway providing access to a public street and not less than five feet from any Lot Line, except a street Lot Line.
[iv] Any Driveway providing ingress and egress to a public street shall not pass through the parking and/or drive area of any other lot.
[v] Access, but not Frontage, may be provided by grant of easement, but the size of the Lot impressed with the Easement shall be reduced by the area comprising the easement before computing area, setback, and Special Exception Use requirements.
[vi] The requirements of this section shall be in addition to the Frontage and minimum yard dimension requirements of this chapter.
[vii] Any modification to the curb cuts at the site shall be approved by the New York State Department of Transportation.

[i] The site must be located no more than 0.33 mile from an accessway to a New York State or U.S. highway.
[j] There shall be provided at the site sufficient parking spaces for all vehicles stored or being serviced at any one period of time. In addition, sufficient parking for the office space and any retail space shall be provided in accordance with Table 345.405.N-1 (Vehicular Parking Requirements), except that there shall be no parking requirement for any retail space containing less than 500 square feet.
[k] Loading spaces shall be provided at the site in accordance with Table 345.405.P-1 (Loading Space Requirement). All loading and unloading shall be performed entirely within the lot. Loading units shall be designated to ensure that vehicles serving the lot shall do so without backing into or out of any public street. Loading bay doors shall be appropriately screened from any public street.
[l] Facilities for the collection and temporary storage of rubbish, garbage, and waste shall be provided within the structure or in secured containers on the site which are appropriately screened from any public street. Disposal of waste shall be performed in accordance with the standards promulgated by the State of New York.
[m] The site shall be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where vehicles are stored; however, no electrified and/or razor ribbon fencing shall be permitted.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Bed-and-Breakfast, Inn, Hostel, or Hotel

BED-AND-BREAKFAST — A Use characterized by four or more bedrooms of an owner-occupied Building or Accessory Building being offered for to paying guests for overnight Lodging, with or without breakfast.

HOSTEL — An establishment that provides inexpensive food and lodging for a specific group of people, such as students, workers, or travelers.

HOTEL — A business that offers to Transients, on a daily or weekly basis for compensation, sleeping accommodations accessible from interior hallways, whether or not such business also includes dining facilities.

INN — An owner-occupied Lodging Use, offering 6 to 12 bedrooms, which may serve breakfast to guests. See § 345-405K.(1)(b)[1] (Building and Lot Principal Uses).

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per Dwelling Unit, plus 1 parking space per guest bedroom, plus 1 parking space per each 2 employees on the premises at 1 time.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Boat Goods Maintenance/Cleaning/Repair/Service

BOAT BODY SHOP, MAINTENANCE, REPAIR, OR CLEANING — A Structure, premises, or establishment in or on which watercraft are maintained, repaired, serviced, and/or cleaned, including without limitation, incidental storage for fewer than 60 days of watercraft that are being maintained, repaired, serviced, and/or cleaned. This term does not include boat building or Boat Storage.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-5W

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Boat Goods Maintenance/Cleaning/Repair/Service or Boat-Related Uses.

[a] No boats shall be parked or stored in public rights-of-way; boats shall only be parked or stored in the Third Lot Layer.
[b] All of the standards set forth in Chapter 148: Boating and Watercraft, shall be satisfied.

Boat-Related Uses

BOAT - RELATED USES — The term referring collectively to Boat Body Shop, Maintenance, Repair, or Cleaning, Boat Dock, Boat Sales, Rental, Leasing, or Chartering, Boat Ramp, Boat Slip, Boat Slip Sales or Leasing, and Boat Storage.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-5W

Vehicle Parking:
1 parking space per 200 square feet of administrative space, plus 1 parking space per 10 Boat storage spaces, plus 2 parking spaces per Boat Ramp, plus 1 parking space per Boat available for rental, plus 1 parking space per employee work station, plus 2 parking spaces per work bay.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Boat Goods Maintenance/Cleaning/Repair/Service or Boat-Related Uses.

[a] No boats shall be parked or stored in public rights-of-way; boats shall only be parked or stored in the Third Lot Layer.
[b] All of the standards set forth in Chapter 148: Boating and Watercraft, shall be satisfied.

Brewery, Distillery, Winery

BREWERY — An establishment that is primarily used for the manufacture of beer with annual production that exceeds 15,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.

DISTILLERY — An establishment which is primarily used for the manufacture of alcoholic spirits with annual production that exceeds 10,000 gallons per year. Such establishment may sell spirits for on-site consumption or off-site distribution in accordance with New York State Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.

WINERY — An establishment which is primarily used for the manufacture of vinous beverages with annual production that exceeds 2,000 cases per year. Such establishment may sell wine for on-site consumption or for off-site distribution in accordance with New York Liquor Authority regulations, and may contain one or more accessory Tasting Rooms.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5W, SD-PMU

Vehicle Parking:
1 parking space per 2,000 square feet of Usable Floor Area, with a minimum of 2 parking spaces per employee on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Brewery, Distillery, or Winery:

[a] Compliance with SEQRA. Any application for a Brewery, Distillery, or Winery shall include a Full Environmental Assessment Form ("FEAF"), Part 1 under SEQRA. In addition to the minimum requirements in the FEAF, the application must include discussion within the form itself or in an attached supplement of impacts specifically on the following resources:

[i] Water usage.
[ii] Sanitary sewers, including effluent discharge.
[iii] Air and odors.
[iv] Noise and vibration.

[b] A Tasting Room is permitted on-premises as an Accessory Use and may not exceed 30% of the total Usable Floor Area.
[c] Service trucks loading and unloading materials and equipment shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, and 11:00 a.m. and 7:00 p.m. on Sundays and national holidays.
[d] By-products or waste from the production of malt, vinous or distilled liquor shall be discharged properly. The following shall be prohibited from being discharged directly into the public sanitary sewer system:

[i] Any liquid or vapor having a temperature higher than 150°F. (65°C.).
[ii] Brewery, Distillery, or Winery slops capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage works.
[iii] Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

[e] Any Brewery, Distillery, Winery, and/or associated Tasting Room shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses prior to the issuance of a Certificate of Occupancy.

[f] Any Brewery, Distillery, or Winery with an associated Tasting Room shall ensure, to the extent possible, that patrons or visitors shall abide by Chapter 128: Alcoholic Beverages of the Village Code and that the public peace and safety shall be maintained.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Catering and Events Establishment

CATERING AND EVENTS ESTABLISHMENT — Any nonresidential room, place, or space where food and beverages are available for consumption, that is regularly leased or hired out for functions, occasions or events, to which the general public is not invited or admitted and wherein music or entertainment may be provided.

Districts Where Allowed Districts where use is Permitted by Right: CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Cemetery/Funeral Services

CEMETERY — Land used or intended to be used for the burial of the dead and dedicated for purposes of containing graves, tombs, and funeral urns, including when located or operated in conjunction with and within the boundaries of the Cemetery, columbariums, crematoriums, mausoleums, and mortuaries.

FUNERAL SERVICES — A Use characterized by an establishment engaged in undertaking services, such as preparing the human or animal dead for burial and arranging and managing funerals, including without limitation, Funeral Home, Mortuary, Cemetery, and Crematorium.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV

Vehicle Parking:
1 parking space per full time employee, plus 1 parking space per 40 square feet of public Usable Floor Area.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Cemetery/Funeral Services:

[a] The Lot shall not be less than 1/2 acre.
[b] One dwelling unit for a caretaker shall be permitted on-site as an Accessory Use.
[c] No crematorium shall be permitted.
[d] All burial plots shall be located at least 30 feet from all property lines or street rights-of-way.
[e] Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the cemetery.
[f] No burial plots or facilities shall be permitted on land within the floodplain.
[g] For Funeral Services, since the nature of the use is such that it will generate a high volume of traffic and parking at certain times, adequate provisions must be made to provide for parking.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Child-Care Facility

CHILD-CARE FACILITY — Premises at which care, supervision, or guidance is provided for a minor child who is not related by blood, marriage, or adoption to the owner or operator of the facility, whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. Notwithstanding the foregoing, "Child-care Facility" does not include:

A. An educational facility, whether private or public, which operates solely for educational purposes in Grade 1 or above.
B. Kindergarten programs for five-year-olds.
C. Children's Day Camps.
D. School vacation or school holiday day camps for children operating in distinct sessions running less than three weeks per session.
E. Summer resident camps for children.
F. Bible schools normally conducted during vacation periods.
G. Facilities for disabled or mentally ill Persons.
H. Facilities owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for child-care services.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per staff member. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Child-Care Facility:

[a] The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b] All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c] A Child-Care Facility shall not be housed in an Accessory Structure.
[d] Such Use shall be no more than 15,000 square feet in area.
[e] A transportation management and parking plan shall be provided as part of the Special Exception Use application.
[f] If an outdoor play area is provided, it shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties, traffic, or other hazards.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Child-Care In Home

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
The parking requirements for this use are not regulated.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Child-Care in Home:

[a] The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b] All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c] A Child-Care Facility shall not be housed in an Accessory Structure.
[d] Such Use shall be no more than 15,000 square feet in area.
[e] A transportation management and parking plan shall be provided as part of the Special Exception Use application.
[f] If an outdoor play area is provided, it shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties, traffic, or other hazards.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Children's Day Camp

CHILDREN'S DAY CAMP — Premises at which activities are offered to school-aged children in a social setting from which the children return home in the evenings.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per staff member. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Civic Building

CIVIC BUILDING — A medium- to large-sized attached or detached principal building type, which is operated by a not-for-profit organization or governmental entity dedicated to civic activities, and is designed to stand apart from its surroundings due to the specialized nature of its civic purpose. Examples include libraries, places of worship, places of assembly, courthouses, schools, centers of government, performing arts venues, and museums. Civic buildings are often the most prominently sited and architecturally significant buildings in a community, a building, uses, and purposes. See § 345-405J.(1) (Principal Building Types: Summary) and § 345-405J.(2) (Principal Building Types: Specific Standards).

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU, SD-PRD

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Civic Space - Community Garden

COMMUNITY GARDEN — A private or public civic space type for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

Civic Space - Green

GREEN — A type of civic space for unstructured recreation, spatially defined by landscaping rather than buildings, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

Civic Space - Natural Areas

NATURAL AREA — As a noun, a civic space type that is a natural preserve available for unstructured recreation, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

Civic Space - Pocket Park or Playground

PLAYGROUND — A civic space type playground, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

Civic Space - Sports Field

SPORTS FIELD — A civic space type that accommodates the play of athletic endeavors, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2); excluding Sports Venues.

Civic Space - Square or Plaza

PLAZA — A civic space type designed for civic purposes and commercial activities in the more urban transect districts, generally paved and spatially defined by building frontages, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

SQUARE — A civic space type designed for unstructured recreation and civic purposes, spatially defined by private frontages and consisting of paths, lawns and trees, formally disposed, described as such in Table § 345-504B.(1) (Civic Space Types: Summary) and § 345-504B.(2).

Commercial Indoor Athletic Training Facility

COMMERCIAL INDOOR ATHLETIC TRAINING FACILITY — Indoor facilities designed and used for active participatory athletic activities or training, including but not limited to personal strength and fitness training, gymnasiums, skating rinks, swimming pools, and tennis courts. Specifically excluded are Health Clubs, Day Spas, and Sports Venues.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Conference/Convention/Exhibition Center (Civic)

CONFERENCE/CONVENTION/EXHIBITION CENTER — Premises that accommodate conferences, exhibitions, meetings, seminars, training sessions, and other similar gatherings.

Districts Where Allowed Districts where use is Permitted by Right: CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Convent on Site with Place of Worship

Courthouse

COURTHOUSE — A Building in which courts of law are held.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per employee, plus 1 parking space per every 3 seats of seating available to the public in the courtrooms.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Dance Halls and Cabarets

DANCE HALL AND CABARET — A nightclub, bar, juice bar, restaurant, bottle club or similar commercial establishment with an occupancy greater than 25 people, regardless of whether alcoholic beverages are served, which regularly devotes 25% or more of its total floor area to dance floors, live performance areas and/or disc jockey areas, and which is not an adult cabaret as defined in the Village Code. The term "cabaret" shall include establishments customarily called "discotheques."

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

(a) No Dance Hall or Cabaret shall be located within 300 feet of any Place of Worship, School, playground, or park.
(b) No cabaret shall be located within 100 feet of any Residential District boundary line.

See § 345-105A.(11) for detailed information on the purpose, intent and objectives for dance halls and cabarets.

CD-4 District - Use only allowed on Lots facing Midland Avenue and Boston Post Road.

Dormitory on Site with Educational Institution

Districts Where Allowed Districts where use is Permitted by Right: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
See § 345-405N for detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Each Special Exception Use that is an Accessory Use must comply with the specific applicable conditions and requirements indicated for each of them in addition to complying with § 345-405K.(6)(e), § 345-405K.(4), and any additional conditions imposed by the Planning Commission pursuant to § 345-405K.(6)(d).

Drive-Through Establishment

DRIVE-THROUGH ESTABLISHMENT — Any establishment designed or used for the transaction of business wherein the patrons may avail themselves of the services or products of such establishment while remaining in their vehicles, whether or not patrons are also able to obtain services or products inside of a Structure.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
Parking for Principal Use, plus 1 parking space per each 600 square feet of total Lot area, in addition to required vehicle stacking space.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

[1] Drive-Through Establishment, including Drive-Through Retail, Personal Service, or Artisan Establishment.

[a] All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, loudspeakers, drive-up windows, and other objects associated with the drive-through, must be located in the Third Lot Layer.

[b] Sufficient vehicular stacking space outside the limits of the Thoroughfare right-of-way shall be provided in order that the paved surface of the highway and roadway shoulders will be not obstructed by vehicles or patrons.
[c] There shall be no more than two Driveways on any Thoroughfare, and no Driveways shall be closer together than 15 feet at the Lot Line or be located fewer than five feet from any Lot Line except at the Frontage. All Driveways, Parking and vehicle stacking spaces shall be permanently improved with a paved surface.
[d] All Buildings shall have a Buffer along any common boundary of a CD-3, CD-3R.20, CD-3R.7, or CD-3R.5, or SD-PRD District or any Civic District.
[e] Adjacent properties shall be protected from Sign and headlight illumination as well as any noise associated from menu boards, ordering box, loudspeakers, and other audible object through opaque fencing or vegetation.

Illustration 345.405.K-4

Drive-Through

[f] The operator or the owner of such Drive-Through Establishment shall furnish to the Village a public liability and property damage insurance policy naming the Village as assured or coassured, in the sum of $500,000 for each person, $1,000,000 per accident and $50,000 property damage limits, and covering all operations of said establishment, including adjoining sidewalks and roadways, said policy to be approved by the Village Attorney.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Family Day-Care

FAMILY DAY-CARE — A private, Single-Family Dwelling in which at least one minor child, but fewer than seven minor children, are received for care and supervision for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult resident of the Dwelling by blood, marriage, or adoption.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per staff member. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Family Day-Care:

[a] The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b] All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c] A Child-Care Facility shall not be housed in an Accessory Structure.
[d] Such Use shall be no more than 15,000 square feet in area.
[e] A transportation management and parking plan shall be provided as part of the Special Exception Use application.
[f] If an outdoor play area is provided, it shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties, traffic, or other hazards.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Fire/EMS Station

FIRE/EMS STATION — Premises accommodating operations of firefighting and emergency medical personnel and other members of staff.

Food Distribution Center (Civic)

FOOD DISTRIBUTION CENTER — Premises operated for Civic Purposes, with or without a Structure, from which edible goods are distributed to the public, with or without compensation.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 1,000 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Food/Refreshment Stand

Gallery (Civic) or Museum

MUSEUM — A Use characterized by the display, preservation, collection, curation, and/or exhibit of objects of community and cultural interest in one or more of the arts and sciences.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Gasoline Station

GASOLINE STATION — Any area of land, including Structures thereon or part thereof, that is used for the Retail sale of motor vehicle fuels or other motor vehicle accessories and which may include auxiliary facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof or body repair work.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4

Vehicle Parking:
Vehicle fueling and stacking area, plus 1 parking space per 200 square feet of Usable Floor Area.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Gasoline Station:

[a] Use of Gasoline Stations shall be limited to the Retail sale of motor fuel, lubricants and other motor vehicle supplies and parts and customary minor repair and service activities, not including body and fender work.
[b] There shall be indoor bays or indoor space for no more than four motor vehicles. Except for a Driveway, which may be in the First Lot Layer and/or Second Lot Layer, access to such indoor bays and space shall be from the Third Lot Layer.
[c] Use of a Gasoline Station for storage or parking of motor vehicles shall not be permitted.
[d] All repair and service work other than emergency service shall be conducted entirely within a Building. There shall be no parking of partially dismantled or other motor vehicles except for temporary parking in the Third Lot Layer before and after servicing, not exceeding two days' duration, and no Outdoor Storage.
[e] The site of the Gasoline Station shall have a Frontage of at least 150 feet on a public Thoroughfare and shall have a depth of at least 100 feet.
[f] Gasoline pumps and other service equipment shall be located in the Third Lot Layer, as illustrated in Illustration 345.405.K-4 (Drive-Through). All other Buildings and Structures shall be set back 15 feet from Lot Lines, unless larger distances are specified in this chapter. All Buildings, pumps and other service equipment shall be set back at least 30 feet from the boundary of any CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD District or Civic District, and a Buffer shall be provided along any such boundary.
[g] There shall be no more than two Driveways entering on any Thoroughfare. Such Driveways shall not be closer than 15 feet apart and shall be at least 20 feet along the Lot Line from any Thoroughfare intersection. There shall be a Curb at least six inches in height separating public Sidewalks and vehicle service areas except where Driveways cross the public Sidewalks. All Driveways in the Sidewalk area of the Thoroughfare right-of-way and vehicle service areas around the pumps shall be permanently improved with a paved concrete surface. All other vehicle service areas shall be improved with a paved surface as well.
[h] Gasoline Stations shall be located at least 200 feet from any Place of Assembly, Place of Worship, Hospital, Library, school, community house, public park, civic use, or playground, Theater or other place at which the public gathers.
[i] Where car wash service is offered, there shall be additional Lot Area sufficient to accommodate all waiting vehicles on-site but, in any case, not less than an additional 10,000 square feet and a drainage system to prevent surface drainage, approved by the Building Inspector.
[j] If a Gasoline Station is proposed to include a Convenience Store operation, there shall be provided sufficient and designated parking to accommodate such Use, in addition to the Parking required for the Gasoline Station operation. Access to and from the property and the layout of the site shall be adequate to permit both convenience store and Gasoline Station patrons to enter and exit the site easily and safely.
[k] All exterior lighting and Signs shall be oriented so as to minimize the visual impact upon Adjacent and nearby Residential Uses.
[l] Other than that which is specifically shown on an approved Site Plan, there shall be shall be no outdoor storage, display, or signage.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Gift Shop

Heavy Industrial or Manufacturing

HEAVY INDUSTRIAL OR MANUFACTURING — A Use category that involves the mechanical or chemical transformation of materials or substance into new products that generates outside of the property any noise, odor, vibration or dust. Examples may include, but are not limited to:

A. Fabrication, manufacturing or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items.
B. Food processing and related products; and lumber, pulp and paper mills.
C. Storage or use of highly flammable, toxic matter or explosive materials, or of hazardous materials.
D. Generation of pollution, dust, odor, heat, glare, or vibration beyond the walls of such enclosed Building or any light or glare beyond the boundaries of the land on which the Building is situated.
E. Any activity or Use for which any water, air, or other environmental or pollution license or permit is required.
F. Concrete batch plants.
G. Concrete, tile, or brick manufacturing.
H. Automobile, truck, or tire manufacturing or assembly.
I. Ammonia or chlorine manufacturing.
J. Metal casting or foundries.
K. Gas manufacturing.
L. Grain milling or processing.
M. Metal or metal ore production, refining, smelting, or alloying.
N. Petroleum or petroleum product storage or refining.
O. Boat, pool, or spa manufacturing.
P. Keeping, selling, or slaughtering of animals.
Q. Glass manufacturing.
R. Paper manufacturing.
S. Manufacturing of materials into compost.
T. Gravel, sand, stone, coal, gas, oil, or mineral, mining or processing.
U. Rail equipment storage/repair;.
V. Wood or lumber processing.

Home Office or Occupation

HOME OCCUPATION or HOME OFFICE — Any gainful occupation conducted entirely within a Dwelling solely by the owner- or tenant-residents thereof as an Accessory Use, which does not change the character of the Structure as a residence, provided that (a) said activity shall not occupy more than 1/2 of the Floor Area of the Dwelling, (b) there shall be no external evidence other than an Identification Sign, (c) no goods shall be kept, and (d) no mechanical or electrical equipment shall be used except customary household equipment; and provided further that "Home Occupation" shall not be construed to include the following Uses: Clinic, Hospital, Home Professional Office, barbershop, beauty shop, Restaurant, Kennel, antique dealer, Retail sales on the premises, or loading of ammunition.

Districts Where Allowed Districts where use is Permitted by Right: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU, SD-PRD

Vehicle Parking:
See § 345-405N for detailed parking requirements and standards.

Development Requirements:

Home Office or Occupation.

[a] The Home Occupation must be located within a fully enclosed Building owned or occupied by a resident of the site. A Home Occupation may not be established prior to residential occupancy of the site by the operator of the Home Occupation.
[b] The residential character of the Building and Lot shall be preserved.

Home Professional Office

HOME PROFESSIONAL OFFICE —

A. The accessory Use of Residential premises as the Office or studio of an owner- or tenant-resident physician, surgeon, dentist, lawyer, architect, engineer, real estate broker or salesman, insurance broker or agent, accountant, teacher, or other Person licensed by the State of New York to practice such profession, or a who gives individual instruction in academic or scientific subjects to a single pupil at a time; provided that:

(1) No more than two persons are employed who are not members of the Family;
(2) Such Office shall be in the Principal Building and shall not occupy more than 1/2 of the Floor Area of said Building;
(3) A Home Professional Office shall not include:

(a) A biological or other medical testing laboratory; or
(b) The purchase or sale of goods.

B. Home Professional Office" shall not include Hair/Skin/Nail Personal Services, a Long-Term Care Facility, or Funeral Services.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU, SD-PRD

Vehicle Parking:
See § 345-405N for detailed parking requirements and standards.

Development Requirements:

Home Professional Office.

[a] Such office shall be in the main Building on the Lot and shall not occupy more than 25% of the total Usable Floor Area of said Building. Should the spouse of a practitioner also use the residence for a Home Professional Office, the total allowable floor area for both practitioners shall not exceed 40% of the total Usable Floor Area of the Building.
[b] The residential character of the Building and Lot shall be preserved.

Hospital

HOSPITAL —

A. Premises used for the diagnosis, medical treatment, or similar care of human ailments including without limitation: the term "Hospital" shall be deemed to include:

(1) Psychiatric and substance abuse facilities, ambulatory care, outpatient services, diagnostic and treatment centers, Clinics, Rehabilitation Facilities, Medical Laboratories, teaching facilities, and meeting areas associated with and on the same premises as the Hospital; and
(2) Accessory Uses such as dining and housing for patients' Families and guests, staff members, nurses, interns, resident physicians and their immediate families, and maintenance, service and parking facilities.

B. The term "Hospital" shall not be deemed to include:

(1) Offices of doctors, dentists, chiropractors, or nurse practitioners, sanitariums, Nursing Homes, Long-Term Care Facilities, Rehabilitation Facilities, psychiatric and substance abuse facilities, ambulatory care, outpatient services, diagnostic and treatment centers, Clinics, Rehabilitation Facilities, Medical Laboratories, Hospices, teaching facilities, or meeting areas not associated with and on the same premises as the Hospital; or
(2) Accessory Uses, such as dining and housing for patients' families and guests, staff members, nurses, interns, resident physicians and their immediate families, and maintenance, service and parking facilities not on the same premises and associated with the Hospital.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
0.50 parking spaces per bed. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Library

LIBRARY — A Building or part thereof containing collections of books, periodicals, and/or other media for Persons to read, borrow, or refer to.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 4 seats, plus 1 parking space per 2,000 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Light Industrial or Manufacturing

LIGHT INDUSTRIAL or MANUFACTURING — The use category collectively referring to the transformation of predominantly previously prepared materials into new products, including but not limited to:

A. Production or repair of small machines or electronic parts and equipment;
B. Woodworking Shop;
C. Publishing;
D. Computer design and development;
E. Research Laboratory;
F. Apparel production;
G. Sign making;
H. Contractor Material Sales;
I. Horticulture and Landscaping Services;
J. Food Processing; and
K. Manufacturing of jewelry, clothing, trimming decorations and any similar item.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
1 parking space space per 2,000 square feet of total Usable Floor Area, with a minimum of 1 parking space per 2 employees on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Light Manufacturing Plant or Machine Shop/Woodworking Shop, other than Artisan Establishment:

[a] Such Use shall comply with the standards of Subsection K(6)(f)[10] above.
[b] No processes or equipment may be used that creates heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property.
[c] All light manufacturing activities shall be within a fully enclosed Building.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-5W District - Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place.

Long-Term Care Facility

LONG-TERM CARE FACILITY — Premises at which living accommodations, bed care, boarding, in-patient service and/or nursing or other medical care are provided for aged, infirm, disabled persons, persons or who are afflicted with or convalescing from any disease or ailment, or other persons requiring regular medical attention. "Long-Term Care Facility" does not include Rehabilitation Centers, Assisted Living Facilities, or facilities that provide surgical or emergency medical services, care for alcoholism, drug addiction, substance abuse, mental disease other than dementia, or communicable disease.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 5 beds. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Machine Shop/Woodworking Shop

MACHINE SHOP — Premises at which mechanical items are made or repaired using machinery or equipment.

WOODWORKING SHOP — Premises at which wooden articles are made or repaired.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
1 parking space space per 1,000 square feet of total Usable Floor Area, with a minimum of 1 parking space per 2 employees on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Machine Shop/Woodworking Shop:

[a] Such Use shall comply with the standards of Subsection K(6)(f)[10] above.
[b] No processes or equipment may be used that creates heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property.
[c] All light manufacturing activities shall be within a fully enclosed Building.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-5W District - Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place.

Marina/Boat or Yacht Club (Private)

MARINA — Any of the following:

A. Lock harbor facility;
B. Any facility which provides fueling, pump-out, maintenance or repair services; or
C. Any facility which has permanent docking space for three or more Boat Slips;
D. Any water area with a Structure that is used for docking or otherwise mooring Vessels and constructed to provide temporary or permanent docking space for more than 10 Vessels; or
E. A dry stack facility.

BOAT OR YACHT CLUB — A club organized to promote and/or regulate yachting and/or boating.

Vehicle Parking:
1 parking space per 200 square feet of administrative space, plus 1 parking space per 10 Boat storage spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

NO LAND USE DESIGNATION UNDER THE CV DISTRICT. JUST ASSUMED "P" BECAUSE PUBLIC VERSION IS PERMITTED.

Marina/Boat or Yacht Club (Private):

[a] Such Use shall be primarily for the use of its members, except that transient boat slips may be provided.
[b] Such Use shall be located so as not to become objectionable to surrounding and nearby property because of noise, traffic, or parking.
[c] Restrooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the Village, county, and New York State.
[d] There shall be provisions made for the collection and disposal of boat-generated solid wastes.
[e] Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. No marina light sources shall be more than 10 feet above the ground or dock level underneath it.
[f] Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure in the Third Lot Layer.
[g] Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the Village. In no case shall fuel storage or service pumps be located less than 100 feet from adjacent lot lines.
[h] Adequate off-street parking shall be provided for boat owners, visitors, and employees.

Marina/Boat or Yacht Club (Public)

MARINA — Any of the following:

A. Lock harbor facility;
B. Any facility which provides fueling, pump-out, maintenance or repair services; or
C. Any facility which has permanent docking space for three or more Boat Slips;
D. Any water area with a Structure that is used for docking or otherwise mooring Vessels and constructed to provide temporary or permanent docking space for more than 10 Vessels; or
E. A dry stack facility.

BOAT OR YACHT CLUB — A club organized to promote and/or regulate yachting and/or boating.

Districts Where Allowed Districts where use is Permitted by Right: CD-5W, CV

Vehicle Parking:
1 parking space per 200 square feet of administrative space, plus 1 parking space per 10 Boat storage spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Medical Office/Medical Clinic or Dental Clinic

MEDICAL OFFICE/MEDICAL CLINIC/OUTPATIENT CLINIC — An Office or other premises for the private practice of health care professionals licensed by the State of New York, wherein a majority of patient encounters involve examination, diagnosis, treatment, or surgical procedures on an outpatient basis not extending beyond a twenty-four-hour period.

DENTAL OFFICE/DENTAL CLINIC — An Office or other premises for the private practice of dental care professionals licensed by the State of New York, wherein a majority of patient encounters involve dental examination, diagnosis, treatment, surgical procedures, preventive care, restorative care, cosmetic care, and/or emergency care on an outpatient basis.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Medical Office/Medical Clinic or Dental Clinic.

[a] If emergency medical services are provided, adequate emergency access shall be assured via access to a major Thoroughfare. A Site Plan shall be provided for approval by the Planning Commission, showing compliance with the above condition and the Site Plan regulations.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Microbrewery, Microdistillery, Microwinery, or Nanobrewery

MICROBREWERY — An establishment which is primarily used for the manufacture of craft beer with annual production limited to 15,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.

MICRODISTILLERY — An establishment which is primarily used for the manufacture of craft alcoholic spirits with annual production limited to 10,000 gallons per year. Such establishment may sell spirits for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.

MICROWINERY — An establishment which is primarily used for the manufacture of craft vinous beverages with annual production limited to 2,000 cases per year. Such establishment may sell wine for on-site consumption or for off-site distribution in accordance with New York Liquor Authority regulations.

NANOBREWERY — An establishment which is primarily used for the manufacture of craft beer with annual production limited to 5,000 barrels per year. Such establishment may sell beer for on-site consumption or for off-site distribution in accordance with New York State Liquor Authority regulations.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 2,000 square feet of Usable Floor Area, with a minimum of 2 parking spaces per employee on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Microbrewery, Microdistillery, Microwinery, or Nanobrewery:

[a] Any application for a Brewpub, Microbrewery, Microdistillery, Microwinery, or Nanobrewery must include a Short Environmental Assessment Form ("SEAF"), Part 1 of SEQRA. In addition to the minimum requirements in the SEAF, the application must include discussion within the form itself or in an attached supplement of impacts specifically on the following resources:

[i] Water usage.
[ii] Sanitary sewers, including effluent discharge.
[iii] Air and odors.
[iv] Noise and vibration.

[b] No more than 70% of the total Usable Floor Area of the establishment shall be used for the brewing, distilling, or wine-making function.
[c] The manufacturing and bottling process shall not produce adverse odors, dust, vibration, noise, effluent, excessive wastewater, or other external impacts that cause a significant disturbance off-site.
[d] Any Microbrewery, Microdistillery, Microwinery, or Nanobrewery shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses prior to the issuance of a certificate of occupancy.
[e] Any Microbrewery, Microdistillery, Microwinery, or Nanobrewery shall ensure, to the extent possible, that patrons or visitors shall abide by Chapter 128: Alcoholic Beverages of the Village Code and that the public peace and safety shall be maintained.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Motor Vehicle Body Shop

MOTOR VEHICLE BODY SHOP — Premises or a portion of premises used for the adjustment, painting, replacement of parts, or body repair of motor vehicles.

Vehicle Parking:
1 parking space per 200 square feet of Usable Floor Area, plus 0.25 parking spaces per vehicle available for rental or sale, plus 1 parking space per employee work station, plus 1 parking space per vehicle storage space, plus 1 parking space per work bay.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:
AS PER TABLE 405.K-1, THIS USE IS NOT PERMITTED IN ANY DISTRICT. NEED CONFIRMATION FROM CUSTOMER.

Motor Vehicle Goods Maintenance/Cleaning/Repair/Service

MOTOR VEHICLE MAINTENANCE, REPAIR, SERVICE, OR CLEANING — A Structure, premises, or establishment in or on which Motor Vehicles are maintained, repaired, serviced, and/or cleaned, including without limitation, incidental storage for fewer than 60 days of Motor Vehicles that are being maintained, repaired, serviced, and/or cleaned. This term does not include parking, Motor Vehicle Storage, or Motor Vehicle Body Shop.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4

Vehicle Parking:
1 parking space per 200 square feet of Usable Floor Area, plus 0.25 parking spaces per vehicle available for rental or sale, plus 1 parking space per employee work station, plus 1 parking space per vehicle storage space, plus 1 parking space per work bay.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Motor Vehicle Goods Maintenance/Cleaning/Repair/Service:

[a] All operations and activities shall take place entirely within an enclosed Building, and not visible from any Adjacent public Thoroughfare. No painting or auto body repair work may be permitted, except for Cosmetic Reconditioning to such vehicles as defined and to the extent permitted herein. There may be no Outdoor Storage or Parking of motor vehicles except for temporary parking of such vehicles before and after servicing.
[b] A Retail Accessory Use may be permitted at the site, provided that not more than 5% of the total Usable Floor Area is utilized for such Retail use.
[c] Such facility shall be duly licensed as an authorized repair facility.
[d] The Applicant shall submit a traffic analysis which demonstrates that the proposed Use can be accommodated by the existing roadway system and/or proposed improvements to the roadway system at satisfactory levels of service.
[e] All plots, Lots or parcels of land containing 15,000 or more square feet of area or having a Use requiring 20 or more parking spaces, or both, must comply with the following requirements:

[i] There shall be provided a pedestrian accessway running from a public Thoroughfare to the Parking Area of the Lot.
[ii] The way and drive contained therein shall be for the exclusive use of the property and Parking Area.
[iii] The way at the curbline and throughout its length shall be not less than 15 feet from any other way or Driveway providing access to a public street and not less than five feet from any lot line, except at the Frontage.
[iv] Any Driveway providing ingress and egress to a public Thoroughfare shall not pass through the Parking Area and/or Driveway of any other Lot.
[v] Access, but not Frontage, may be provided by grant of Easement, but the size of the Lot impressed with the Easement shall be reduced by the area comprising the Easement area before computing area, setback, and Special Exception Use requirements.
[vi] The requirements of this section shall be in addition to the Frontage and minimum Lot and setback requirements of this chapter.
[vii] Any modification to the curb cuts at the site shall be approved by the New York State Department of Transportation.

[f] There shall be provided at the site sufficient Parking spaces for all vehicles stored or being worked on at any one period of time.
[g] Service bay and loading bay doors shall be accessed from the Third Lot Layer, except for any Driveway from the Thoroughfare through the First Lot Layer and Second Lot Layer, and shall be Screened from all Frontages. See Illustration § 345-405K-4 (Drive-Through).
[h] Disposal of waste shall be performed in accordance with the standards promulgated by the State of New York.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Motor Vehicle Sales, Rental, or Leasing

MOTOR VEHICLE SALES, RENTAL, OR LEASING — A Structure, premises, or establishment in or on which Motor Vehicles are sold, rented, leased, or chartered, including incidental storage, maintenance, and servicing as an Accessory Use.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T

Vehicle Parking:
1 parking space per 200 square feet of Usable Floor Area, plus 0.25 parking spaces per vehicle available for rental or sale, plus 1 parking space per employee work station, plus 1 parking space per vehicle storage space, plus 1 parking space per work bay.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Motor Vehicle Sales, Rental, or Leasing:

[a] Adequate provisions shall be made for the collection and disposal of stormwater runoff from the site to prevent excessive surface drainage.
[b] There shall be no Outdoor Storage of motor vehicles, excluding required Parking Areas. All Parking Areas shall be provided with Curb blocks to prevent overrunning of vehicular area boundaries.
[c] All area lighting fixtures shall be so designed and located that no light source is visible from outside the property line, no direct rays fall outside the property line and no light fixture is more than 20 feet above the finished grade.
[d] The establishment shall have an on-site office Building, including all appropriate sanitary facilities.
[e] There shall be no more than two Driveways entering on any Thoroughfare. Such Driveways shall be at least 20 feet along the Lot Line from any Thoroughfare intersection.
[f] Protective fencing and Screening at least four feet high shall be erected on all boundaries of the Lot except along the Front Lot Line, and such fencing and Screening shall be at least eight feet high along any Adjacent District CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD, or Civic District boundary.
[g] No servicing and repair of motor vehicles shall be permitted. No painting or motor vehicle body repair work other than Cosmetic Reconditioning shall be permitted.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Multifamily Dwelling

MULTIFAMILY DWELLING — A Building containing three or more Dwelling Units, including without limitation Residential condominiums, cooperatives, Apartments, and Multifamily Buildings.

Municipal Nonhazardous Waste Treatment or Disposal

NONHAZARDOUS WASTE TREATMENT OR DISPOSAL — Facilities for receiving, sorting, treatment, or disposal of nonhazardous solid waste, including waste transfer stations, compost dumps, and combustors, incinerators, and cogeneration plants, and the collection and hauling of nonhazardous waste incidental to the treatment or disposal operations.

Newsstand

Office Uses

OFFICE — A Use category characterized by premises available for the transaction of Commercial, governmental, or nonprofit operations, but excluding Retail/Personal Service/Artisan Uses and Light Industrial Uses. The Office Use category includes without limitation Business/Governmental/Non-for-Profit Offices, Business Incubator, Counseling Service, Co-Working Space, Crisis Counseling Center, Data Processing or Storage Services, Dental Office/Dental Clinic, Information Services, Medical Lab/Dental Lab/Research Lab, Medical Office/Medical Clinic/Outpatient Clinic, Mental Health Crisis Center, Office Building, Office Portion of Live/Work, Mixed-Use, or Flex Building, Photography Lab, Professional Office, Radio/Television/Recording Studio or Station without Communications Tower, and Tax Preparation Service. See § 345-405K.(1)(b)[1] (Building and Lot Principal Uses).

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Outdoor Storage

OUTDOOR STORAGE — One or more assemblages, collections, stacks, or stockpiles of vehicles, equipment, goods, materials, tanks, or other items in any area other than within a Building, including without limitation, parked operative or nonoperative vehicles or equipment.

Districts Where Allowed Districts where use is Permitted by Right: SD-PMU Districts where use may be permitted with a Special Exception: CD-4

Development Requirements:

Outdoor Storage.

[a] Outdoor Storage shall only be permitted as an Accessory Use.
[b] Such Use shall only be permitted in the Third Lot Layer and screened from all Frontages by Buildings.

CD-4 District: - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue).

Parish House, Rectory, Parsonage, or other Residence on site with Place of Worship

Parking Area or Structure

PARKING AREA — An off-street, ground-level open area within a Lot for Parking vehicles as an Accessory Use incidental to a Principal Use of the Lot or Principal Building on the Lot. Not synonymous with "Parking Lot."

PARKING STRUCTURE — A vertical Improvement other than a Garage containing one or more levels of vehicular Parking above grade. Parking Structures may not be used for Motor Vehicle Body Shop, Maintenance Repair, Service or Cleaning.

Parking Lot/Parking Structure (Civic)

PARKING LOT — An off-street, ground-level open area within a Lot for Parking vehicles as a Principal Use. Not synonymous with "Parking Area."

PARKING STRUCTURE — A vertical Improvement other than a Garage containing one or more levels of vehicular Parking above grade. Parking Structures may not be used for Motor Vehicle Body Shop, Maintenance Repair, Service or Cleaning.

Pawnshop

PAWNSHOP — A business that lends money based upon the security of pledged goods left in pawn, or is in the business of purchasing tangible personal property to be left in pawn on the condition that it may redeemed or repurchased by the seller for a fixed price within a fixed period of time, pursuant to the licensing requirements of Chapter 206 of the Village Code.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Pawnshop requirements:

[a] Any Pawnshop shall be operated by a pawnbroker, licensed in accordance with the provisions of Chapter 206 of the Village Code.
[b] The establishment, maintenance, or operation of any Pawnshop shall not be detrimental to or endanger the public health, safety, morals, comfort and general welfare.
[c] Pawnshops shall not be injurious to the Use and enjoyment of other property in the immediate vicinity, nor substantially diminish property values within the neighborhood.
[d] No alcohol may be sold or consumed on the premises of a Pawnshop.
[e] There may be no other pawnbroker, secondhand goods dealer, auction house dealer, or consignment house within 1,000 feet.
[f] No Pawnshop may be located within 1,000 feet of a school, Place of Worship, or Place of Assembly.
[g] No Pawnshop may be located within 250 feet of a CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District or Civic District boundary (measured from the Principal Entry of the Pawnshop).
[h] No Pawnshop shall be permitted to purchase, repurchase, redeem, service, repair or conduct any other transaction concerning firearms (including antique firearms) or weapons as regulated under Article 265 of the New York Penal Law, Firearms and Other Dangerous Weapons.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Performing Arts Venue (Civic)

PERFORMING ARTS VENUE — A site, with or without a Structure, intended for the presentation of performing arts, such as dance, music, and theater.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Personal Services Establishment

PERSONAL SERVICES — The category of uses referring collectively to uses in which a service is provided to or for a customer for compensation, in which the person providing such service deals directly with the consumer, which uses may or may not include the retail sale of goods related to the services provided; excluding motor-vehicle- or boat-related uses, services provided by a medical professional. "Personal services" includes appliance service or maintenance, art or photography studio, board and care of small animals, building system business, construction business, dry cleaning/laundry pickup shop, financial services, hair/skin/nail care, health club or day spa, laundromat, locksmith, massage studio, non-Boat Goods Maintenance/Cleaning/Repair/Service, Non-Motor-Vehicle Maintenance/Cleaning/Repair/Service, Parcel Services, Pawnshop, Performing Arts Studio, Personal Improvement Services, Photofinishing Shop, Printing Services Shop, Short-Term Lender, Tailor or Seamstress Shop, Tattoo Studio, and Veterinary Office, Clinic, or Hospital, without outside boarding.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Place of Assembly or Place of Worship

PLACE OF ASSEMBLY — A Building, room, or space that is occupied or arranged for occupation by the public for recreational, amusement, social, sports, or similar purposes.

PLACE OF WORSHIP — A church, synagogue, temple, monastery, convent, retreat center or any permanent or temporary Structure providing regular, organized religious worship of any denomination and religious education incidental thereto, but excluding private primary or secondary educational facilities and day-care facilities. A property tax exemption obtained pursuant to state law shall constitute prima facie evidence of a Place of Worship Use.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Police Station

POLICE STATION — Premises accommodating operations of law enforcement officers and other members of staff.

Post Office

POST OFFICE — Premises operated by or under contract for the United States Postal Service at which letters, parcels, packages or other mail may be received, deposited, processed, sorted, and/or handled and/or postage may be purchased.

Public Works Yard

PUBLIC WORKS YARD — Premises at which operations related to, and goods and equipment related to, the construction or maintenance of public infrastructure and Improvements, such as roads, walks, bridges, Buildings, and water or waste treatment disposal, or storage, are conducted and stored.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5W

Vehicle Parking:
The parking requirements for this use are not regulated.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Recreation Facility (Civic)

RECREATION FACILITY — Premises accommodating Indoor Recreation and/or Entertainment and/or Outdoor Recreation and/or Entertainment. A Recreation Facility may be Civic or non-Civic.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of activity Usable Floor Area, plus 1 parking space per 200 square feet of gross swimming water surface area, plus 2 parking spaces per tennis court, plus 5 parking spaces per basketball court, plus 15 parking spaces per athletic field.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Recreation Facility (non-Civic)

RECREATION FACILITY — Premises accommodating Indoor Recreation and/or Entertainment and/or Outdoor Recreation and/or Entertainment. A Recreation Facility may be Civic or non-Civic.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU, SD-PRD

Vehicle Parking:
1 parking space per 200 square feet of activity Usable Floor Area, plus 1 parking space per 200 square feet of gross swimming water surface area, plus 2 parking spaces per tennis court, plus 5 parking spaces per basketball court, plus 15 parking spaces per athletic field.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Recreation, refreshment and service uses of Structures in Civic Space incidental to the Civic Principal Use

Recycling Processing Facility

Rehabilitation Facility

REHABILITATION FACILITY — A facility operated for the primary purpose of assisting in the rehabilitation of individuals through an integrated program of medical, psychological, physical, occupational, substance, social, or vocational evaluation and services under competent professional supervision.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
0.50 parking spaces per bed. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Research Laboratory

RESEARCH LABORATORY — Premises that contain research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products. Such Uses must not be detrimental to the environment through the release of dust, smoke, fumes, odor, noise, or vibration and must not create an unsafe risk of fire or explosion given the location of the use, the Building in which it is located, and the nature of the surrounding Uses and Structures.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 1,000 square feet of total Usable Floor Area, with a minimum of 1 parking space per 2 employees on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Research Laboratory:

[a] Such Use shall comply with the standards of § 345-405K.(6)(f)[13].
[b] All laboratory activities shall be conducted in a fully enclosed Building.
[c] No processes or equipment may be used that creates heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-5W District - Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place.

Residence Portion of a Live/Work, Mixed-Use, Shop House, or Flex Building

Restaurant

RESTAURANT — An establishment engaged in preparing, serving, and selling food and beverages at Retail for on- or off-premises consumption.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 4 permanent seats at tables. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Retail Food Sales

RETAIL FOOD SALES — The sale of food for off-premises consumption, excluding Restaurants.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Retail Membership Club

RETAIL MEMBERSHIP CLUB — A discount Retail establishment that sells merchandise to its members.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 500 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Retail Membership Club.

[a] The Retail sale of gasoline shall be prohibited as an Accessory Use.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Retail Sales Accessory to Warehousing or other Light Industrial or Manufacturing

RETAIL SALES ACCESSORY TO WAREHOUSING OR OTHER LIGHT INDUSTRIAL OR LIGHT MANUFACTURING — A Retail establishment that has limited customer amenities and service and sells goods at discounted prices.

Districts Where Allowed Districts where use is Permitted by Right: SD-PMU Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
See § 345-405N for detailed parking requirements and standards.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Retail Sales Accessory Use to Warehousing or other Light Industrial or Light Manufacturing.

[a] Not more than 25% of the total Usable Floor Area of the Building shall be utilized as Retail space.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Retail Sales, Rental, or Leasing

RETAIL — The collective reference to the category of Uses in which goods are sold, rented, or leased in person, online, or by mail in transactions dealing directly with the consumer of such goods, including without limitation, Brewpub, Boat Retail Sales, Boat Retail Parts Sales, Motor Vehicle Retail Sales, Motor Vehicle Retail Parts Sales, Open Air Market, Pharmacy, Restaurant, Retail Food Sales with or without on-premises preparation or processing, Retail Membership Club, Tasting Room, Shopping Plaza, and Retail Sales Accessory to Warehousing or other Light Industrial or Light Manufacturing.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

School

SCHOOL — Business or Trade School, College/University, High School, Middle School, Preschool or Nursery School, Primary or Elementary School, or Secondary School.

Districts Where Allowed Districts where use is Permitted by Right: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per teacher or other staff, plus 0.50 parking spaces per student seat.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

School on site with Place of Worship

Districts Where Allowed Districts where use is Permitted by Right: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
See § 345-405N for detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Scrap or Salvage Yard/Services

SCRAP OR SALVAGE YARD/SERVICE — A Use other than an Impound Yard or Towing Facility in which an establishment is engaged primarily in the sale, storage, assembling, dismantling, sorting, distributing, or other processing of scrap, used equipment, mechanical components, or waste materials, including a Junkyard.

Self-Storage Facility

SELF-STORAGE FACILITY — Premises at which customers rent storage units within a building for storage of possessions on a short-term basis.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
1 parking space per 11,500 square feet of Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Self-Storage Facility:

[a] Such Use shall comply with the standards of § 345-405K.(6)(f)[13].
[b] Architecture shall reinforce the importance of the pedestrian and public realms. Ribbon windows are not permitted.
[c] Facades visible from Boston Post Road and Interstate 287 shall reflect the architectural significance of their location and their significance as a gateway into the Village of Port Chester.
[d] A variety of Building designs shall be used to avoid similarity in appearance.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Seminary on site with Place of Worship

Single-Family Detached Dwelling

DWELLING, SINGLE-FAMILY — A single-, one-, or 1-Family detached Building containing one Dwelling Unit only.

Social (or Civic) Club, Lodge, or Organization

SOCIAL OR CIVIC CLUB OR LODGE — A Use characterized by a Structure and/or land owned by or leased to one or more Social or Civic Organizations for meeting, recreational, or social purposes primarily by their members and their guests.

SOCIAL OR CIVIC ORGANIZATION — A private nonprofit group, association, organization, club, establishment, brotherhood, membership, or other similar group providing meeting, recreational, social, fraternal, youth, or similar activities or facilities primarily for its members and guests; excluding, however any type of Residential facility such as fraternity or sorority houses.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of gathering or activity Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Solar Array System

SOLAR ARRAY SYSTEM — A linked connection of solar modules/panels not attached to a habitable Building or Structure.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Development Requirements:

For a Solar Array System, the following standards shall be required in addition to the requirements of the Character District that the Property is located in:

[a] A minimum setback of 20 feet from any neighboring dwelling.
[b] Minimum eight-foot perimeter landscaped buffer of native, drought-resistant plantings around all mechanical equipment and solar panels to provide screening.
[c] Low-maintenance, drought-resistant, natural ground cover under and between panels.
[d] The Site shall be a minimum of 80% Pervious Surface.
[e] On-site utility and transmission lines shall be placed underground, where possible.
[f] Facility design and location shall prevent reflective glare towards neighboring buildings and street rights-of-way.
[g] Any mechanical equipment shall be screened with a self-locking gate and landscaping.
[h] "Proof of Concept" letter from the local utility acknowledging interconnection.
[i] A Sign shall be posted with owner contact information and warning signage.
[j] A decommissioning plan shall be provided.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Solid Waste Facility

SOLID WASTE FACILITY — Premises, appurtenances, and Improvements used for treating, storing, or disposing of solid waste, whether publicly or privately owned or operated. A Solid Waste Facility may consist of several treatment, storage, or disposal operational units, including, but not limited to, one or more landfills, surface impoundments, or combination thereof.

Sports Venue (Civic)

SPORTS VENUE — Premises at which athletic events are presented for a charge.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Storage Building

Storage of manure, or of odor- or dust-producing substances

Tasting Room on site with Brewery, Distillery, Winery

TASTING ROOM — An establishment or portion of an establishment that allows customers to taste samples of beer, alcoholic spirits, or vinous beverages. In addition to such products, a Tasting Room may include the Retail sale of related items, marketing events, special events, entertainment, and/or food sales.

Taxi or Ride-Share Center

TAXI OR RIDE-SHARE CENTER — Premises at or from which taxi or ride-share operations are conducted.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
Vehicle storage space, plus 2 parking spaces per employee work station. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-6, CD-6T Districts - Permitted in Second and Third Lot Layers of MTA Parking lot if screened from all Frontages by Streetscreens or Buildings.

Theater or Performing Arts Venue (non-Civic)

THEATER — A Building or part of a Building devoted to the showing of motion pictures, or theatrical or performing arts productions, as a Principal Use.

PERFORMING ARTS VENUE — A site, with or without a Structure, intended for the presentation of performing arts, such as dance, music, and theater.

Districts Where Allowed Districts where use is Permitted by Right: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 3 permanent seats, or 1 parking space per each 40 square feet of seating area where fixed seating is not provided.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Transient Business

Transit Shelter

TRANSIT SHELTER — Accommodation providing shelter from the elements for waiting transit riders, excluding a Transit Station or Terminal.

Transit Station or Terminal

TRANSIT STATION OR TERMINAL — A facility or area at which train, rapid transit, light rail, bus, or other mass transit modality service regularly stops to load or unload passengers.

Districts Where Allowed Districts where use is Permitted by Right: CD-6, CD-6T, CV

Vehicle Parking:
Transit vehicle storage space, plus 1 parking space per 150 square feet of waiting area, plus 1 parking space per 2 employees.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Two-Family (Duplex) Dwelling

DUPLEX — A small- to medium-sized building, other than a manufactured housing unit, which is attached to another building of the same type, each of which consists of a separate dwelling unit with a separate entrance. Both of the units, side-by-side, front-to-back, or over-and-under, are contained within a single building massing. This building type sits on a small- to medium-sized lot that may be shared with an accessory building in the rear. See § 345-405J.(1) (Principal Building Types: Summary) and § 345-405J.(2) (Principal Building Types: Specific Standards). Synonymous with "Two-Family Dwelling."

Utility Distribution/Substation/Switching Facility

UTILITY DISTRIBUTION/SUBSTATION/SWITCHING FACILITY — Facility used for Utility distribution, including systems and equipment used for such purposes.

Utility Facility

UTILITY FACILITY — Premises used by a Utility Provider relative to providing a Utility service, including without limitation a Utility Pumping Station, a Utility Distribution/Substation/Switching Facility, a Water Treatment/Supply Facility, a Sewage Facility, a Utility Generation Facility, a Wireless Communications Facility, a Communications Tower, or other facility used to provide a Utility service, excluding, however, Utility Lines.

Utility Pumping Station

UTILITY PUMPING STATION — A facility at which water, sewage, or other Utility fluids are pumped from one place to another.

Veterinary Office, Clinic, or Hospital or Board and Care of Small Animals

VETERINARY OFFICE, CLINIC, OR HOSPITAL — Premises or an establishment offering Veterinary Services for animals.

BOARD AND CARE OF SMALL ANIMALS — A business providing pet services, including grooming, bathing, boarding, day-care, recreation, training, and incidental sales of related products, but not including the retail sale of animals.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W, CD-6, CD-6T, SD-PMU

Vehicle Parking:
1 parking space per 200 square feet of total Usable Floor Area. See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Veterinary Office, Clinic, or Hospital, or Board and Care of Small Animals:

[a] The Lot area shall be not less than a 1/2 acre.
[b] The property shall contain adequate space for outdoor exercise areas for any animals boarding and/or being cared for at the facility.
[c] All Buildings and exercise areas shall be set back a minimum of 50 feet from any Adjacent Residential Use or residentially zoned area; such set back shall be suitably landscaped to serve as a buffer area.
[d] All animals shall be boarded indoors overnight.
[e] The facility shall be duly licensed as required by New York State law.
[f] The facility shall be operated so as to cause no disruption to neighboring properties.
[g] Whenever animals are boarded overnight, there shall be at least one employee on-site at all times.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

Warehousing or Distribution Facility

WAREHOUSING — The indoor storage of goods.

DISTRIBUTION FACILITY — Premises used for Distribution.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
1 parking space per 10,000 square feet of Usable Floor Area, with a minimum of 2 parking spaces per employee on-premises at one time, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

Warehousing or Distribution Facility:

[a] Such Uses may be approved only in areas where there is an existing Light Industrial Use within 300 feet of the subject property.
[b] Adequate Screening from all Adjoining property and Frontages shall be provided.
[c] Such Use shall have direct access onto an arterial or major collector road.
[d] No Outdoor Storage shall be permitted.

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-5W District - Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place.

Wholesale Sales

WHOLESALE SALES — The sale of goods in large quantities primarily to industrial, institutional, and commercial business customers, which goods may be resold at retail by such customers.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-4, CD-5, CD-5W

Vehicle Parking:
1 parking space per 2,000 square feet of total Usable Floor Area, with a minimum of 1 parking space per 2 employees on-premises at onetime, but no fewer than 2 parking spaces.
See § 345-405N for more detailed parking requirements and standards.

Bicycle Parking:
Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.

Merchandise Loading:
See § 345-405P for complete information on Loading Spaces.

Development Requirements:

CD-4 District - Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue (between North Main Street and Willett Avenue).

CD-5W District - Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place.

Wireless Telecommunications Facility

WIRELESS TELECOMMUNICATIONS FACILITIES — Any facility for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communication services (PCS), specialized mobile radio (SMR), enhanced mobile radio (ESMR), paging, satellite digital audio radio service (SDARS), fleet communication systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis. As used herein the term shall include any necessary support structure, connection cables and equipment buildings as well as towers or monopoles.

Districts Where Allowed Districts where use may be permitted with a Special Exception: CD-3, CD-3.R20, CD-3.R5, CD-3.R7, CD-4, CD-5, CD-5W, CD-6, CD-6T, CV, SD-PMU

Vehicle Parking:
The parking requirements for this use are not regulated.

Development Requirements:

(1) Legislative Intent.

(a) The purpose of this section is to provide the Village of Port Chester the authority to accommodate and regulate necessary utility infrastructure for the provision of wireless telecommunications facilities within the Village, to encourage the siting of wireless telecommunications facilities in nonresidential areas on existing structures, to address the safety, visual and aesthetic aspects of wireless telecommunications facilities and to provide for public input in the process of siting wireless telecommunications antenna towers.
(b) The Board of Trustees finds that the regulation of wireless telecommunications facilities is necessary to protect the predominantly suburban residential character of the Village and the property values of the community; such regulation is needed to protect schools, parks, churches, playgrounds and historic structures; to preserve scenic areas; to minimize aesthetic impacts; to preserve the health and safety of residents; and to respect the need of wireless telecommunications service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition among them.
(c) The Board of Trustees declares that the protection of residential areas of the Village is of paramount importance and that any local regulations of wireless telecommunications facilities must furnish all possible protection for residential areas, and further declares that the provisions of this section are to be interpreted to favor protection of residential areas. The Planning Commission shall, before issuing any Special Exception Use approval for a wireless telecommunications facility in residential areas, satisfy itself that all other alternatives have been exhausted.
(d) In general, consolidations, shared use and collocation of antennas and antenna-mounting structures are preferred to the construction of new facilities.

(2) Bulk Regulations and Height.

(a) In all zoning districts, all wireless telecommunications facilities shall comply with yard requirements of this chapter for Principal Buildings. No wireless telecommunications facilities may be located between the Principal Building and the street.
(b) In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications facilities shall not exceed 50 feet in height unless the requirements of § 345-405W.(14)(c) are met. In the SD-PMU, CD-5, CD-6, and CD-6T Districts, wireless telecommunications facilities shall not exceed 100 feet in height unless the requirements of Subsection W(14)(c) below are met. These height requirements shall supersede those of this chapter.
(c) Notwithstanding anything stated herein, the Planning Commission shall be permitted to increase the height of any tower beyond any limitations set forth herein in order to accommodate additional users. In reviewing a request for greater height, the Planning Commission shall balance the effect of a greater height against the provision of one or more additional towers, collocating or other alternatives.
(d) In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications towers and monopoles shall be separated from residential buildings on adjacent or abutting properties for a distance by not less than two times the height of the tower or monopole. This provision shall apply to the proposed use for wireless telecommunications facilities of towers or monopoles existing at the time of adoption of Chapter 345: Zoning.

(3) Landscaping Requirements. For any new wireless telecommunications towers, landscaping shall be provided as follows:

(a) In determining the most appropriate landscaping to be provided, the Planning Commission shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points and from those features identified in § 345-405W(16).
(b) The area surrounding the installation shall be landscaped and maintained with paving, shrubs and ground cover consistent with the surrounding community character.
(c) Any buildings or other equipment shelters associated with the antenna facility shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings. Any antenna facility requiring a tower or pole shall plant trees around the facility of a minimum height of 10 feet at planting that will, over time, reduce the visual impact from the tower or pole.
(d) When a security fence is required, the outside of such fencing shall be landscaped with evergreen shrubs, trees or climbing evergreen material on the fencing or may contain wooden slats woven into the fence so as to mitigate and minimize the industrial character of the fence.
(e) An existing natural vegetative buffer which meets or exceeds the above requirements can be retained to meet the landscape requirements set forth above.

(4) Color and Lighting Standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, antennas, including the supporting structure and all related appurtenances, shall:

(a) Be colored to reduce the visual impact to the greatest degree possible.
(b) Not be illuminated, except that buildings may use lighting required by the New York State Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.

(5) Fencing and NIER Warning Signs.

(a) The area surrounding the facility shall:

[1] Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where the standards of any federal or state agency are exceeded.
[2] Contain appropriate signage to warn of areas of the site where:

[a] NIER standards are exceeded.
[b] High risks for shocks or burns exist.

(b) For wall-mounted antennas, the signage shall be placed no more than five feet off the ground.
(c) No other signage, including advertising, shall be permitted at the facility, antenna or tower or supporting structure, unless required by law.

(6) NIER Exposure Standards. No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1.
(7) Registration of Antenna Operators. The Building Department shall keep a list of the names, addresses, type and maximum emissions of all antenna operators in the Village. This list shall be maintained from applications to the Planning Commission and Building Department and from FCC or similar inventories of facilities in the Village. If the name or address of the owner or operator of the antenna facility is changed, the Building Department shall be notified of the change within 30 days.
(8) Performance Standards for New Antennas. New antennas must comply with the following performance standard that the estimated or measured NIER from a proposed antenna, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards.
(9) Existing Installations. Any wireless telecommunications facility legally existing at the time that this chapter takes effect shall be permitted to continue, provided that the facility complies with the standards adopted by the Federal Communications Commission and all requirements of this chapter, as certified by a professional engineer with qualifications acceptable to the Village of Port Chester.

Village of Port Chester, NY

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