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Elmsford City Zoning Code

§ 335-9.1

Business Overlay District.

[Added 12-5-2016 by L.L. No. 8-2016]
This Business Overlay District zoning is intended to provide the opportunity for more auto-intensive uses to occur outside of the Village's business district core where there is the appropriate roadway infrastructure and access to accommodate such uses. The Business Overlay District implements certain recommendations in the Village's Comprehensive Plan related to highway oriented businesses. The areas of the Business Overlay District shall be limited to the following: (i) North of I-287 (2.8± acres), (ii) East of the Sprain Brook Parkway Overpass (22.5± acres), and (iii) on the south side of Route 119 west of the intersection with Nob Hill Drive and on the north side of Route 119 west of the ramp from Exit 8-A of Interstate 87 (11.8± acres), collectively, the "BOL Areas."
A. 
Permitted uses. The following uses are only permitted in a Business Overlay District in accordance with the conditions and limitation provided in this § 335-9.1:
(1) 
Drive-in restaurant pursuant to a special permit as follows:
(a) 
The total number of drive-in restaurants permitted in the BOL Areas shall be limited to the following based on their respective sizes:
[1] 
North of 1-287: one;
[2] 
East of the Sprain Brook Parkway Overpass: three; and
[3] 
On the south side of Route 119 west of the intersection with Nob Hill Drive and on the north side of Route 119 west of the ramp from Exit 8-A of Interstate 87: two.
(b) 
All applications shall be referred to the Planning Commission, who shall examine the site plan submitted and shall review the environmental assessment application and report to the Village Board its recommendation on the entire project and shall suggest which Village agency shall be lead agency.
(c) 
(Reserved)
(d) 
Together with the application for a special permit, there shall be submitted preliminary approval from the appropriate state agency, County Board of Health and Village agencies as to the following:
[1] 
Curb cut approval.
[2] 
Ingress and egress.
[3] 
Acceleration and/or deceleration lanes.
[4] 
Traffic signalization.
[5] 
Internal traffic flow.
[6] 
Exhaust fumes and smoke.
[7] 
Adequate provisions for dealing with possible flood control hazards.
(e) 
There will be sufficient security to prevent loitering during the hours of operation.
(f) 
There will be proper facilities for the removal and disposal of trash and actual debris within 500 feet of the establishment.
(g) 
Parking. Additional parking spaces will be required for counter take-out service positions as may be determined by the Board of Trustees following suggestions by the Planning Commission, but in every case at least two per take-out positions.
(h) 
Landscaping. The entire lot, except areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped with grass, shrubs, trees, ground cover and pedestrian walkways in such a manner as to minimize erosion and stormwater runoff and harmoniously blend the use on the site with the character of the neighborhood. Where lot lines coincide with residence district boundaries, there shall be planted evergreen trees of such type and spacing as may be required by the Village Board of Trustees of an initial height of not less than five feet and adequate ultimately to screen as much as possible all activity on the lot from the view of residences in the adjoining residence district. A wall or fence of location, height, design and material approved by the Village Board of Trustees may be substituted for part or all of the required landscaped screening. The Village Board of Trustees may waive or modify the landscaped screening requirements of this chapter where existing topography, landscaped and/or land uses already provide adequate screening and separation. All required landscaping shall be properly maintained throughout the life of any use which it was designed to serve. If said landscaping is not maintained as required, the Building Inspector shall give 30 days' written notice by certified mail, addressed to the owner of record of such premises as shown on the most recent assessment roll. If said notice is not complied with, the Village Board may authorize the necessary maintenance and assess the cost against the property on which the landscaping is located. Any costs so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property if not paid within 30 days of the mailing of the bill.
(i) 
Lighting. All exterior lighting shall be located and shielded so that the source of the light and any objectionable glare therefrom is not unreasonably visible from any neighboring residence. The height, intensity, spacing and design of all exterior lighting fixtures shall be limited to that necessary for safety and security purposes. The lighting system design shall be subject to approval by the Village Board of Trustees as a part of the site plan.
(2) 
Hotel (nontransient) as defined in Chapter 201 herein. The total number of nontransient guest units permitted in the BOL Areas as a whole may not exceed 140 such units.