No more than one family shall live on the site;

The lot on which they are located shall front on or have direct and convenient access to a major or collector road, as determined by the Planning Board;

All buildings and structures on the lot shall together cover not more than 15% of the site area, nor shall the sum total of land covered with buildings and paved areas exceed 40% of the site area;

All new principal buildings shall have a minimum front yard of 40 feet and minimum side and rear yards of 40 feet each, provided that no side or rear yard shall equal less than 1 1/2 times the height of the building wall nearest that lot line; and

Off-street parking and loading facilities shall not be permitted in the front yard, except for necessary access drives, nor shall such facilities be located within any required yard, but in any event not within 20 feet of any adjoining property in a residence district. The Planning Board may, however, permit up to 10% of the required off-street parking spaces to be located in the front yard (other than in the required front yard), provided that the Planning Board finds that the parking is designed and limited to visitor use and provided further that the parking is attractively landscaped and maintained, and further provided that the Planning Board determines that the front yard parking is necessary to facilitate an improved parking and traffic circulation system on the site.

They occupy a lot with an area of not less than three acres plus one acre for each 100 pupils for which the building is designed; and

They comply with the requirements set forth in Subsection A(3)(b) through (e) above.

They shall occupy a lot of not less than 20 acres that has not less than 1,500 feet of frontage on a state highway; and

They shall comply with the requirements set forth in Subsection A(3)(b) through (e) above.

They shall occupy a lot of not less than five acres;

They shall be located at least 75 feet from any street or lot line and contain accommodations for not more than five beds per acre; and

They shall comply with the requirements set forth in Subsection A(3)(b) through (c) and (e).

Any lot on which a public utility substation or water tower is located shall have an area of at least 7,500 square feet and a frontage of at least 75 feet. The station or tower shall be set back at least 30 feet from the front property line and 20 feet from all other property lines and shall be enclosed by protective fencing and a gate which shall be closed and locked except when necessary to obtain access thereto;

Any such facilities shall be so designed, enclosed, painted or colored and screened with evergreens that they will be harmonious with the neighborhood in which they are located. All such property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the neighborhood in which it is located;

All new or additional power transmission or distribution lines shall be placed underground, wherever possible; and

They shall comply with the requirements set forth in § 295-95 of this chapter.

The office or studio is incidental to the residential use of the premises and is carried on by a resident therein with not more than one nonresident assistant, including partners, associates and part-time and full-time employees;

The office or studio shall not occupy more than 30% of the area of one floor of the main building;

The office or studio shall not create a nuisance to any surrounding residents;

There shall be no outside storage and no display, advertising or other visible evidence of the use outside the building in which it is located, except for a single identification nameplate not exceeding one square foot in area; and

The parking area shall be subject to site plan review to determine that it is of adequate size for the particular use, suitably screened with evergreen planting, walls or fences or combinations thereof, and with entrance and exit drives designed in a safe and adequate manner.

The occupation is incidental to the residential use of the premises and is carried on in the main building by a resident therein with not more than one nonresident assistant, working at the same time, including partners, associates and part-time and full-time employees;

Only customary household tools, appliances and equipment are used;

The occupation does not occupy more than 30% of the area of one floor of the main building;

The occupation does not create a nuisance to any surrounding residents;

The use does not create waste disposal requirements significantly in excess of those normally produced in a residential district unless a suitable method for the disposal of such wastes is provided, as determined by the approving authority;

There shall be no outside storage and no display, advertising or other visible evidence of the use outside the building in which it is located, except for a single identification nameplate not exceeding one square foot in area;

All products sold on the premises shall be made on the premises, except for the sale of items that are incidental to the provision of a permitted service;

There shall be no mechanical or structural fabrication, assembly or processing of any products or items, except that which is incidental to the permitted accessory use;

The parking area shall be subject to site plan review to determine that it is of adequate size for the particular use, suitably screened with evergreen planting, walls or fences or combinations thereof, and with entrance and exit drives designed in a safe and adequate manner;

No more than one commercial vehicle, which vehicle shall be less than three-fourths-ton in design capacity, shall be used in connection with such a permitted accessory use. Such vehicle shall be housed in an enclosed garage when not in actual use; and

Where the proposed use involves structural alterations or additions requiring a building permit, the use shall be permitted only if the structure in which it is to be located is deemed by the Building Inspector to be adaptable to the proposed use from the point of view of public health and safety and the other requirements of this chapter, and shall conform to all height and yard requirements of this chapter.

No more than one boat, one trailer and one snowmobile may be parked or stored on a lot, except that a boat may be parked or stored on a boat trailer;

Any boat (with its trailer) or snowmobile shall either be parked or stored fully enclosed in a garage or similar structure or, if parked or stored outside, shall be parked or stored at least 10 feet from any side or rear lot line and at least 20 feet from the front lot line;

The trailer shall not exceed 140 square feet in horizontal cross-section area and, except as provided in § 295-51, shall be parked or stored fully enclosed in a garage or similar structure; and

The parking or storing of a trailer or boat or snowmobile shall not impair the provision of the required off-street parking for the structure or land use on that lot as specified in this chapter.

For dwellings, one sign per lot, not exceeding two square feet in area, giving the name of the property and/or occupants of the premises, and one additional sign, not more than one square foot in area, identifying any profession or occupation permitted as an accessory use on the lot.

For permitted principal uses other than dwellings, one sign placed at each street frontage where the use has an access drive, provided that the total area of all such signs does not exceed 40 square feet and no one sign exceeds 25 square feet.

One "For Sale" or "For Lease" sign or one "Sold" sign per lot, not exceeding six square feet in area. A "Sold" sign shall not be displayed for more than 30 days after the date of the execution of the contract of sale. Such signs shall not be illuminated and shall not contain luminous or reflective material.

Temporary identifying signs, not over six square feet in area, and not more than one for each street frontage of the lot, during the course of construction only. Such signs shall not be illuminated and shall not contain luminous or reflective material.

It is the purpose of this subsection to legalize and control boarder units and accessory apartments in single-family residences in the Village of Hastings-on-Hudson and to assure that accessory dwelling units do not contribute to traffic congestion and parking problems, and that they meet minimum health, fire and safety standards.

It is the further purpose of this subsection to create small rental housing units without increasing density, by utilizing existing housing stock and resources. This subsection is also intended to provide economic support for resident families, particularly the elderly and those of moderate income, and to encourage diversity in the population of the Village of Hastings-on-Hudson.

To help achieve these purposes, and to promote the other objectives of this chapter and the Planning Principles outlined by the Planning Board, including the promotion of the health, safety and welfare of the residents of the Village of Hastings-on-Hudson, the following specific standards are set forth for boarders and accessory apartments.

Boarders. (NOTE: "Boarder" is defined in § 295-5 of this chapter as follows: "Boarder" or "roomer" means a person who permanently occupies a room in a dwelling unit for sleeping purposes for which he or she pays compensation to the property owner.)

Accessory apartments.

A front yard at least 40 feet deep;

A rear yard at least 40 feet deep (eight feet in the case of accessory buildings and structures, except 15 feet in the case of accessory garden houses, toolhouses, playhouses, greenhouses and similar accessory uses, and 20 feet in the case of swimming pools, as required by § 295-52A);

Two side yards totaling at least 50 feet, each of which yards is at least 20 feet (eight feet in the case of accessory buildings and structures); and

Maximum heights.

For single-family dwellings:

For all other uses, all buildings and structures on the lot shall together cover not more than 15% of the area of the lot.

A front yard at least 30 feet deep;

A rear yard at least 30 feet deep or 30% of the lot depth, whichever is less (eight feet in the case of accessory buildings and structures);

Two side yards totaling at least 30 feet, each of which yards is at least 12 feet (eight feet in the case of accessory buildings and structures); and

Maximum heights.

For single- family dwellings:

For all other uses, all buildings and structures on the lot shall together cover not more than 25% of the area of the lot.

A front yard at least 25 feet deep;

A rear yard at least 25 feet deep (eight feet in the case of accessory buildings and structures);

Two side yards totaling at least 20 feet, each of which yards is at least eight feet (also eight feet in the case of accessory buildings and structures); and

Maximum heights.

For single-family dwellings:

For all other uses, all buildings and structures on the lot shall together cover not more than 30% of the area of the lot.

A front yard at least 25 feet deep;

A rear yard at least 25 feet deep (eight feet in the case of accessory buildings and structures);

Two side yards totaling at least 20 feet, each of which yards is at least eight feet (also eight feet in the case of accessory buildings and structures); and

Maximum heights.

A front yard at least 30 feet deep;

A rear yard at least 30 feet deep or 30% of the lot depth, whichever is less (eight feet in the case of accessory buildings and structures);

Two side yards totaling at least 30 feet, each of which yards is at least 12 feet (eight feet in the case of accessory buildings and structures); and

Maximum heights.

For single-family dwellings:

For all other uses, all buildings and structures on the lot shall together cover not more than 25% of the area of the lot.

A front yard at least 10 feet deep; provided, however, that the front yard may be reduced to two feet deep only where an unenclosed porch encroaches into the front yard;

A rear yard at least 15 feet deep (five feet in the case of accessory buildings and structures);

Two side yards totaling at least 16 feet, each of which yards is at least five feet (also five feet in the case of accessory buildings and structures);

Maximum heights.

A front yard at least 10 feet deep;

A rear yard at least 20 feet deep or 30% of the lot depth, whichever is less (five feet in the case of accessory buildings and structures);

Two side yards totaling at least 25 feet, each of which yards is at least 10 feet (five feet in the case of accessory buildings and structures);

Maximum heights.

For single-family dwellings:

For all other uses, all buildings and structures on the lot shall together cover not more than 50% of the area of the lot.

One hundred square feet for each studio (efficiency) dwelling unit; and

Two hundred square feet for each bedroom.

A front yard at least 100 feet deep;

A rear yard at least 40 feet deep (eight feet in the case of accessory buildings and structures, provided that the roof of the accessory building or structure is used as open space and the wall of the accessory building or structure does not exceed 6 1/2 feet in height);

Two side yards totaling at least 80 feet, each of which yards is at least 40 feet [eight feet in the case of accessory buildings and structures, with the same provision as that contained in Subsection E(1)(b) above]; and

A maximum height of 35 feet (15 feet in the case of accessory buildings and structures with sloped roofs and 12 feet in the case of accessory buildings and structures with flat roofs) and no more than two stories.

A front yard at least 12 feet deep or 1/2 the height of the building wall nearest the front lot line, whichever is greater;

A rear yard at least 30 feet deep (eight feet in the case of accessory buildings and structures, provided that the wall of the accessory building or structure does not exceed six feet in height);

Side yard requirements shall be based upon the lot width as follows:

A maximum height of 40 feet (15 feet in the case of accessory buildings and structures with sloped roofs and 12 feet in the case of accessory buildings and structures with flat roofs) and no more than three stories.

One hundred square feet for each studio (efficiency) dwelling unit; and

Two hundred square feet for each bedroom for all other dwelling units.

One hundred square feet for each studio (efficiency) dwelling unit; and

Two hundred square feet for each bedroom for all other dwelling units.

The special use permit shall specify the maximum number of guest rooms approved pursuant to these provisions.

The applicant property owner shall occupy as a principal dwelling the single-family dwelling for which permission to operate a bed-and-breakfast is sought and must have occupied said dwelling for at least 24 months prior to the date of application.

Each guest room to be occupied by a guest shall have not less than 120 square feet of floor area, exclusive of closet space.

The dwelling shall not have an accessory apartment or a boarder permit in the dwelling or in any other building on the property.

The dwelling shall be in compliance with all applicable building, fire, electrical, health, safety and other codes.

In addition to the parking requirements for the principal dwelling and other permitted uses, one off-street parking space per each guest room shall be provided.

Meals shall be limited to breakfast and snack service for guests.

The bed-and-breakfast shall receive all required permits from the Westchester County Department of Health.

The bed-and-breakfast shall not cause any noises, odors, or other disturbances not normally associated with a single-family dwelling.

The maximum length of stay of any guest shall be limited to 15 days in any thirty-day period. A guest register logging the arrival and departure of all guests shall be available for review at all times.

Every application for a bed-and-breakfast special use permit shall be accompanied by a fee to be set by the Board of Trustees.

The special use permit shall expire after five years from the date of issuance, on change of ownership or when the owner ceases to reside in the dwelling. In such cases the owner has 60 days to renew such permit.

Any owner who operates a bed-and-breakfast without such a permit shall be guilty of an offense punishable by a fine of not less than $1,000. Each month's continued violation shall constitute a separate additional violation. Further, violation of any condition in this section or imposed by the granting of the special use permit shall lead to revocation of the permit.

A bed-and-breakfast shall require site plan approval by the Planning Board.

A front yard at least 10 feet deep;

A rear yard at least 20 feet deep, except in the case of a nonresidential use on the first floor which shall have a rear yard at least 15 feet deep (eight feet in the case of accessory buildings and structures, provided that the wall of the accessory building or structure does not exceed six feet in height);

Side yard requirements shall be based upon the lot width as follows:

A maximum height of 35 feet (15 feet in the case of accessory buildings and structures with sloped roofs and 12 feet in the case of accessory buildings and structures with flat roofs) and no more than three stories.

One hundred square feet for each studio (efficiency) and one bedroom dwelling unit; and

One hundred square feet for each additional bedroom thereafter for all other dwelling units.

One hundred square feet for each studio (efficiency) and one-bedroom dwelling unit; and

One hundred square feet for each additional bedroom thereafter for all other dwelling units.

Goods produced and processed are sold at retail on the premises.

The area used for the production and processing of goods does not exceed 40% of the use.

No offensive noises, gases, fumes, odors, vibrations or other objectionable influences or hazards shall emanate from such use, and the operation of such use shall not be detrimental to the health, safety or general welfare of neighboring properties or the community.

Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes down from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line for the greater of: 40 feet from the front lot line (or required setback) or 20 feet after it has exceeded Plane B, at which point it must come down to or below the height of Plane B. Thereafter, it may, one or more times, extend horizontally at up to such height toward the rear lot line until it exceeds the height of Plane B for 20 feet, at which point it must come down below the height of Plane B, except that no portion of the 20 feet of the structure closest to the rear lot line (or required setback) may exceed Plane B. See diagram of side view below.

Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes up from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line to a point 20 feet or more from the front lot line (or required setback). Thereafter, it may, one or more times, step up to a height such that it will be below Plane B when extended horizontally at up to such height for 20 feet toward the rear lot line, except that the last 20 feet of the structure closest to the rear lot line (or required setback) must end below Plane B. See diagram of side view below.

The maximum number of dwelling units per acre shall be six and the maximum number of bedrooms per acre shall be 12.

For each dwelling unit, there shall be provided suitably improved and usable recreation area and open space in the following amounts:

The maximum number of townhouses per acre shall be six and the maximum number of bedrooms per acre shall be 12.

For each townhouse, there shall be provided at least 100 square feet of suitably improved and usable recreation area and open space for each bedroom.

The maximum number of dwelling units per acre shall be six and the maximum number of bedrooms per acre shall be 12.

For each dwelling unit, there shall be provided suitably improved and usable recreation area and open space in the following amounts:

The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.

Only the following nonresidential uses are permitted in a mixed-use building:

All research and related activities shall be carried on within fully enclosed buildings.

None of the following shall be permitted:

There shall be no display or sale of goods at retail.

There shall be no manufacturing or fabrication, except that a small number of pilot or experimental models, which require the supervision of the technical staff of such laboratory for their productions, may be produced on the premises.

No offensive noises, gases, fumes, odors, vibrations or radio, electric or electronic emanations, or other objectionable influences or hazards shall emanate from such use, and no waste products shall be discharged therefrom of a character to create a nuisance.

No radioactive materials shall be kept or used on the premises.

Any lot on which a public utility substation or water tower is located shall have an area of at least 7,500 square feet and a frontage of at least 75 feet. The station or tower shall be set back at least 35 feet from the front property line and 50 feet from all other property lines and shall be enclosed by protective fencing and a gate, which shall be closed and locked except when necessary to obtain access thereto;

Any such facilities shall be so designed, enclosed, painted, or colored and screened with evergreens that they will be harmonious with the neighborhood in which they are located. All such property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the neighborhood in which it is located;

All new or additional power transmission or distribution lines shall be placed underground, wherever possible; and

All such facilities shall comply with the requirements set forth in § 295-95 of this chapter.

The office or studio of an architect, artist, dentist, engineer, lawyer, musician, teacher, physician, or similar profession, but not including veterinarians, provided that:

Customary home occupations, as defined in § 295-5 of this chapter, provided that:

A garden house, toolhouse, playhouse, greenhouse, or similar occupancy use customarily incident to the permitted principal use of the premises and not operated for profit.

Accessory recreational facilities, including swimming pools, customarily incidental to multifamily dwellings, provided that such facilities are limited to the use of the residents of the premises and their accompanying, nonpaying guests and are not operated for profit.

Off-street parking facilities serving the permitted principal and accessory uses in the lot and conforming with this chapter.

Signs, but only as permitted by the Board of Trustees in the concept plan approval, and provided they comply with § 295-50 of this chapter.

Accessory buildings and uses customarily incident to the permitted principal uses.

Parking and loading facilities, provided that no loading shall take place nearer than 100 feet to a residence district or a residential use or between the hours of 7:00 p.m. and 8:00 a.m.

Signs, but only as permitted by the Board of Trustees in the concept plan approval, and provided they comply with § 295-50 of this chapter.

Minimum site perimeter setback:

Except for driveways and walkways providing access to a structure or parking on the site, no portion of the area within a site perimeter setback may be paved. Areas within a site perimeter setback are to be landscaped and kept as open space.

No motor vehicle, trailer, recreational vehicle, snowmobile, mobile home, boat, or permanent or temporary structure shall be placed in any area within a site perimeter setback.

A location map of the site in relation to the surrounding area showing all roads and key development features, including significant neighboring land uses and zoning district boundaries.

A current topographic map of the property indicating the general nature and location of any wetlands, hydrogeologic zone boundaries, special groundwater protection areas, special wildlife habitat areas, and any other significant environmental features.

A conceptual sketch plan map indicating the approximate quantity, nature, and location of proposed land uses; the proposed open space system and its relationship to neighboring open spaces; the proposed principal means of access to the site and major elements of the site circulation system; the proposed provision for parking; the existing and proposed availability of mass transportation services; water supply and wastewater disposal facilities; and, to the extent known, the height, bulk, location, and general design of buildings and other structures, interior lot lines, if any, and the general floor plans for each building.

A written statement describing the general reasons why the applicant believes that approval of its application would further the legislative purpose and intent of the MUPDD zoning, and any other pertinent supporting rationale or documentation.

A quantitative analysis for the entire site (including subtotals for each school district) that indicates preserved land areas, the floor space of the various types of proposed commercial and other nonresidential uses, the proposed number of residential dwelling units by size and type, and the area, percentages of the site, and floor area ratios proposed for each type of land use.

Proposals for the construction, operation, and maintenance of all planned utility systems, roadway improvements, sidewalks, trails, and other infrastructure.

Proposals for the ownership, use, and maintenance of all preserved open spaces.

A description of any proposed covenants and restrictions intended to be offered by the applicant.

A list of all governmental approvals, permits, and licenses required for each phase of development.

Proof of title and an affidavit as to ownership and/or control of all involved properties. The MUPDD site may be owned by one or more persons, partnerships, limited partnerships, trusts, or corporations, but must be presented as a single property at the time of the application to the Village Board. Such multiple-owner applications shall be jointly filed and consented to by all owners and, if approved, shall be binding on all of them and all future owners. Legal agreements, in recordable form and in substance satisfactory to the Village Attorney, shall be provided to assure this.

Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road(s) or street(s) providing access and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances.

The names and addresses of the owners of properties in a radius of 500 feet from each property line of the site.

Projected schedule for development.

Upon receipt of a complete application as determined by the Building Inspector for concept plan approval, the Building Inspector shall distribute the application to the Board of Trustees. The Board of Trustees shall conduct a preliminary review of the concept plan to determine whether a public hearing shall be scheduled on the application. If it so determines, the Board of Trustees shall refer the concept plan to the Planning Board and schedule a public hearing with the same notice as required by this chapter for a zoning variance.

Before the close of the public hearing on the concept plan, the Planning Board shall file with the Board of Trustees an advisory report on the concept plan. In recommending the adoption or rejection of the concept plan, the Planning Board shall state the reasons for its recommendations. The failure of the Planning Board to file an advisory report as required by this section shall not affect the power of the Board of Trustees to act on the proposed concept plan.

The Board of Trustees, without limiting its legislative discretion, shall consider at least the following matters in determining the suitability of the proposed MUPDD concept plan:

The Board of Trustees shall approve, conditionally approve, or disapprove the proposed MUPDD concept plan. Approval or conditional approval shall not be deemed to create vested rights or to waive any right of the Village to a subsequent detailed review of any aspect of the proposed development or of any specific subdivision or site plan as required pursuant to this article, including environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA).

Conditions of approval may include, without limitation:

Any proposed amendment to the approved MUPDD concept plan may be made by the Board of Trustees and only after a public hearing with the same notice as required for the initial MUPDD application.

Approval or conditional approval of the MUPDD concept plan shall expire in three years or as set forth in the Board of Trustees' approval, unless the required development progress has been made or such time limit has been extended by the Board of Trustees.

The approval or conditional approval of a MUPDD concept plan application by the Board of Trustees shall authorize the applicant to proceed with the detailed design and planning of individual sections of the planned development and to submit applications to the Planning Board for subdivision and/or site plan approval, as appropriate, and in accordance with the procedures and requirements for such applications as set forth in this chapter. All such applications must conform with the requirements of the approved MUPDD concept plan, and any findings and conditions issued in connection therewith by the Board of Trustees. Subdivision and/or site plan approval, as appropriate, shall be required prior to the issuance of any permit for building, demolition, land clearance, land use, or land development within a MUPDD or any section thereof.

Although the procedural requirements for subdivision and site plan review shall be the same as those applicable to other subdivision and site plan applications in the Village, in reviewing subdivision and site plan applications within a MUPDD, the Planning Board shall also consider the following:

There shall be no manufacturing or fabrication, except that a small number of pilot or experimental models, which require the supervision of the technical staff of such laboratory for their production, may be produced on the premises.

All research and related activities shall be carried on within fully enclosed buildings.

Clinics and cafeterias, when conducted within a main building.

Recreation facilities, provided that all such buildings and uses shall be planned as an integral part of the office building or research laboratory development and located on the same lot with the use to which they are accessory.

Assembly hall for meetings incident to the business of the principal use.

For each research laboratory or office building development, one identification sign facing each street on which the lot abuts, announcing the name of the company or companies located in the building.

Each such sign shall not exceed 60 square feet in area, nor shall it be placed on the roof or extend above the wall of the building on which it is placed, nor shall any such sign, if freestanding, exceed 10 feet in any dimension, nor have any part more than 12 feet above ground level.

In addition to the foregoing signs, necessary small directional signs, not exceeding two square feet each in area, shall be permitted in locations determined by the approving authority, which shall also determine whether the wording of the signs is acceptable.

Any sign permitted under this section must also comply with the provisions of Chapter 234, Signs, of the Hastings-on-Hudson Code, and must be approved by the Architectural Review Board.

A front yard at least 80 feet deep;

A rear yard at least 120 feet deep;

Two side yards, each of which is at least 50 feet; and

A maximum height of 40 feet and no more than two stories.

The architecturally important features are preserved through the reuse;

The reuse will not cause undue traffic congestion or parking demand.

The architecturally important features are preserved through the reuse.

The reuse will not cause undue traffic congestion or parking demand.

The requirements for bed-and-breakfasts as set forth in § 295-72.1B(6) shall be met.

A front yard at least 15 feet deep;

A rear yard at least 20 feet deep;

Two side yards totaling at least 25 feet, each of which yards is at least 10 feet; and

A maximum height of 35 feet and no more than 2 1/2 stories.

For signs attached to building walls:

For freestanding signs, in addition to signs permitted in Subsection B(3)(a) above, not more than one freestanding sign, with a total area on all faces of not more than 40 square feet, provided that no such sign is erected less than 25 feet from any lot line.

Any sign permitted under this section must be approved by the Architectural Review Board and must comply with the provisions of Chapter 234, Signs, of the Hastings-on-Hudson Code.

A front yard at least 30 feet deep;

A rear yard at least 40 feet deep;

Two side yards, each of which is at least 20 feet; and

A maximum height of 35 feet and no more than two stories.

Any residential dwelling unit contained therein has a minimum gross floor area of 500 square feet.

Only nonresidential uses are permitted on the ground floor. The Planning Board, however, after a public hearing held upon the same notice as that required for a zoning variance, may, in its discretion, permit residential use on the ground floor in the CC District, but only if such residential use is not located on that portion of the ground floor story that abuts a street, is compatible with neighboring properties, and is consistent with the commercial nature of the CC District.

Artist studios shall be permitted above the ground floor story.

A hotel may be located on a lot with retail, office or other commercial uses allowed as a permitted use or by special use permit in the CC District, but shall not be permitted in combination with multifamily dwellings or any residential use.

The maximum length of stay of any guest room shall be limited to 15 days in any thirty-day period. A guest register logging the time and departure of all guests shall be available for review at all times.

A hotel may include the following accessory uses: conference rooms, dining areas, banquet facilities, indoor fitness area, retail shops and administrative offices or any other use that the Zoning Board of Appeals determines to be customary and incidental to a hotel use.

Guest rooms are permitted food storage and microwave ovens. Refrigerated food storage is limited to six-cubic-foot capacity storage units. Microwave ovens shall be utilized on a table or bench not to exceed 36 inches in height. Nothing herein shall permit kitchenettes or kitchens within a guest unit.

Each guest room shall be served individually by a bathroom.

The hotel shall be in compliance with this chapter and all applicable building, electrical, health, fire and other safety codes.

The special use permit shall specify the maximum number of guest rooms approved by the Zoning Board of Appeals.

Every application for a hotel special use permit shall be accompanied by a fee to be set by the Board of Trustees.

A hotel permit expires after five years or on change of ownership. In such cases, the owner has 60 days to renew the permit.

Anyone operating a hotel without a special use permit shall be guilty of an offense punishable by a fine of not less than $1,000. Each month's continued violation will constitute a separate additional violation. Further, violation of any condition in this section or imposed by the granting of the permit shall lead to revocation of the permit.

A hotel use shall require site plan approval from the Planning Board.

Not more than one such sign shall be permitted for each tenant on the premises on each wall fronting on a street.

The aggregate area of all permanent or wall signs shall be no greater than the length of such wall in feet times two.

In addition, where the building is set back from the street line a distance of 25 feet or more, one freestanding sign, with a total area of not more than 80 square feet, may be erected. No such freestanding signs shall encroach on any required yard.

Any sign permitted under this section must be approved by the Architectural Review Board and must comply with the provisions of Chapter 234, Signs, of the Hastings-on-Hudson Code.

Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes down from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line for the greater of: 40 feet from the front lot line (or required setback) or 20 feet after it has exceeded Plane B, at which point it must come down to or below the height of Plane B. Thereafter, it may, one or more times, extend horizontally at up to such height toward the rear lot line until it exceeds the height of Plane B for 20 feet, at which point it must come down below the height of Plane B, except that no portion of the 20 feet of the structure closest to the rear lot line (or required setback) may exceed Plane B. See diagram of side view below.

Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes up from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line to a point 20 feet or more from the front lot line (or required setback). Thereafter, it may, one or more times, step up to a height such that it will be below Plane B when extended horizontally at up to such height for 20 feet toward the rear lot line, except that the last 20 feet of the structure closest to the rear lot line (or required setback) must end below Plane B. See diagram of side view below.

On steeply sloped sites (a ten-foot change in elevation from the front lot line to the rear lot line), an increase of an additional floor may be permitted by the Planning Board, provided:

A front yard at least 25 feet deep;

A rear yard at least 40 feet deep;

Two side yards totaling at least 50 feet, each of which yards is at least 20 feet; but any side yard on a side of the lot adjacent to either a residence district or a one- or two-family dwelling shall be at least 40 feet; and

A maximum height of 40 feet and no more than two stories.

A front yard at least 25 feet deep;

A rear yard at least 75 feet deep;

Two side yards totaling at least 40 feet, each of which yards is at least 15 feet; but on any side where there is a driveway between the building and lot line, the side yard shall be 25 feet; and

A maximum height of 40 feet and no more than two stories.

A front yard at least 25 feet deep;

A rear yard at least 60 feet deep;

Two side yards, each of which is at least 15 feet; and

A maximum height of 35 feet and no more than 2 1/2 stories.

Yacht club or marina facility.

Health and sports club not located in accordance with Subsection B(4) above.

Multifamily dwellings.

Any use proposed to be constructed upon or adjacent to any bulkheading, decks or pilings situated in, beneath or over the Hudson River.

With respect to any use described in Subsection C(1)(d) above, the Village Board may make any special use permit conditional upon implementation of long-term maintenance, repair and funding arrangements similar to those set forth in § 295-84G(3) of this chapter.

The Village Board shall require that all or the preponderance of dwelling units in an MW-A District will be townhouses.

A front yard at least 25 feet deep;

A rear yard at least 60 feet deep;

Two side yards, each of which is at least 15 feet; and

A maximum height of three stories, but not more than 30 feet above elevation 10 established in National Geodetic Survey Datum (1929).

The maximum height for a sports or health club shall be 50 feet above elevation 10 established in National Geodetic Survey Datum (1929), measured to the top of any roof parapet.

The maximum lot coverage of a sports or health club shall not exceed 60,000 square feet.

The yard requirements of Subsection F(1)(a), (b) and (c) above in this section shall not be applicable.

In applying § 295-27 within an MW-A District, the approving board shall be the Village Board.

In applying §§ 295-86 through 295-97 within an MW-A District, the approving authority shall be the Village Board.

In an MW-A District, the height limitations set forth in § 295-21A shall be measured in feet above elevation 10 established in National Geodetic Vertical Datum (1929).

In the MW-A District, the time of expiration of any special use permit shall be established by the Village Board as a condition of such special use permit, notwithstanding any contrary provisions of § 295-96 of this chapter.

If steam pressure is used, it shall not exceed 15 pounds' pressure per square inch and steam condensate shall be discharged through a roof vent or to the rear of the building.

The washing of apparel on the premises is prohibited.

Dry cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent is used.

Professional offices of doctors or dentists, if the aggregate floor area thereof would exceed 15,000 square feet, provided that no individual doctor or dentist or group of doctors or dentists practicing together shall occupy more than 2,500 square feet of floor area.

Health and sports club not located in accordance with Subsection C(9) above.

Theater or band shell.

Public or nonprofit cultural or educational facility, such as a museum or information center, including but not limited to a museum or information center designed and located in such manner as will encourage water-dependent or water-related use of such facility.

The need for the proposed uses within the Village.

The off-street parking requirements and traffic impact of the proposed use.

Any characteristics of the proposed use that make waterfront location particularly appropriate.

The extent to which the proposed use will complement and enhance other uses permitted on the property.

Consistency of the proposed use with the objectives of the design review criteria set forth below in Subsection K, and the compatibility of such use with public benefits or amenities required under this chapter in an MW-B District.

The deleterious aesthetic, environmental and navigational consequences of any proposed development that would intrude into the Hudson River beyond the historical westerly limit of waterfront uses in the Village.

Any other factors that the Village Board may deem significant within the context of the purposes set forth in Subsection A above.

The following limitations on building height shall be applicable in an MW-B District:

Notwithstanding the height limitation set forth in Subsection F(2)(a)[1] and [3] above, the height of residential buildings and mixed-use buildings referred to in such subsections may be increased by the Village Board up to a maximum of 103 feet above elevation 10 established in National Geodetic Vertical Datum (1929), through the issuance of one or more special use permits, in each case following a public hearing held by the Village Board on notice duly published and given as provided in § 295-143 of this chapter. In considering any application for such a special use permit, the Village Board shall determine whether view preservation and other guidelines set forth in Subsection K(1) below have been sufficiently considered, and shall take into account the impact that any proposed rooftop elevator equipment will have, in combination with the impact of the proposed building height, on important scenic views. The Village Board shall require the applicant to submit such computer-assisted design representations of the proposed development as the Village Board may deem appropriate in connection with such application. The Village Board may attach such limitations and conditions to its approval of any such special use permit as it deems necessary or appropriate to assure that the purposes of the above-mentioned guidelines, and the objectives of Subsection F(7) below in this section, are achieved. The Village Board may require that such limitations and conditions be incorporated in a declaration of covenants or other instrument satisfactory to the Village Attorney to be executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division.

Notwithstanding any contrary provisions of this chapter, within the MW-B District height shall be measured to the top of any parapet, if the roof is flat, and to the highest point on the roof, if the roof is of any other type. The height limitations of this section shall not be applicable to chimneys and stair bulkheads, provided that chimneys and stair bulkheads shall be erected only to the height necessary for their safe and effective operation and for compliance with applicable governmental laws, rules, codes and regulations concerning firesafety and building construction.

Notwithstanding § 295-21A of this chapter, within the MW-B District all water tanks and all building elevator, heating, air-conditioning and ventilation equipment and all antennas and similar projections shall, except as provided in Subsection F(2)(e) below, be subject to the height limitations of this section and shall be enclosed and concealed within or beneath buildings, and no such tanks, equipment, antennas or projections (including any housings, casings, cupolas, penthouses, belfries or enclosures therefor) shall be visible on any roofs or other exterior surfaces of buildings, or on the surface of any land area.

Elevator equipment in a building having a mansard or pitched roof may exceed the applicable maximum building height permitted under this Subsection F if compliance with such height limitation is physically impracticable, provided that the applicant shall include in its concept plan submitted under Subsection H below, and in any special use permit application submitted under Subsection F(2)(b) above, a detailed explanation of the necessity for the proposed projection above the maximum permitted height, of the impracticability of reducing such projection and of proposed methods of moderating the visual impact of such projection. The requirements of Subsection F(2)(d) above applicable to concealment of equipment within buildings shall not be applicable to any elevator equipment that projects above the roofline of any building in an MW-B District above, but any such equipment that extends above the roofline shall be completely enclosed and covered in a rooftop penthouse that shall be compatible in quality of materials and in appearance with the roof and exterior of the building on which it is placed.

The floor area ratio of all buildings and structures on the subject property shall not exceed 0.725, except as permitted under the incentive density provisions set forth below in Subsection I below in this section.

The floor area ratio devoted to sports or health club use shall not exceed 0.065.

The floor area ratio devoted to all nonresidential uses, other than community space required under this chapter and sports or health club use, shall not in the aggregate exceed 0.095. Not more than 80% of such floor area ratio shall be devoted to business or professional office use, or to any combination of such office uses.

The area of the subject property used in the calculation of the foregoing floor area ratios shall consist only of dry land, excluding the area of any portion of the waterfront esplanade, required under Subsection G below, that is constructed or to be constructed over water. The floor area used in such calculations shall not include any gross floor area devoted to parking that complies with the requirements of Subsection F(6)(a) in this section.

All parking spaces shall either be fully enclosed and concealed beneath or within buildings, or shall be substantially screened by the use of architectural materials or plantings.

Uncovered, unenclosed parking spaces situated at grade or on parking decks or platforms shall not comprise more than 15% of the total number of parking spaces constructed in an MW-B District, unless otherwise approved by the Planning Board at the time of site development plan approval under Subsection J below.

The following parking requirements are applicable within an MW-B District, except where modified under the provisions of § 295-27. Size of parking spaces shall be as defined in § 295-29.

With respect to any building, structure or use for which the required number of parking spaces is not specifically set forth in the above schedule, the Planning Board in the course of site plan review shall determine the number of off-street parking spaces required, which number shall bear a reasonable relation to the minimum off-street parking requirements for specified uses as set forth in the above schedule.

All off-street parking facilities serving principal and accessory uses shall comply with §§ 295-22 through 295-38 of this chapter. This entire Subsection F(6), including the foregoing schedule setting forth the parking requirements applicable within an MW-B District, supersedes the requirements set forth in § 295-36 of this chapter.

The provisions of § 295-38B of this chapter, pertaining to off-street loading, shall be applicable within the MW-B District, provided that the loading spaces required for not more than 15,000 square feet of professional or business office gross floor area may be combined with loading spaces required for convenience retail and personal service stores, and that only two loading spaces are required for convenience retail and personal service stores containing not more than 15,000 square feet of gross floor area.

All uses constructed on the subject property shall conform to a setback from the shoreline of at least 100 feet, provided that such minimum setback shall be 60 feet along the easterly (inland) side of any cove or indentation existing as of the date on which the petition for change of zone is submitted to the Village Board. No buildings, structures or visible equipment [except for outdoor recreation equipment situated in private open space areas within such setback, and except for equipment included in public facilities required under Subsection G(1), (2) and (5) below] shall be permitted in the setback area, and no projection from a building or structure shall be permitted in such setback area, except for balconies at least 10 feet above grade and as provided in § 295-20B(1) through (3), provided that exceptions to the restrictions set forth above in this sentence may be permitted by the Planning Board, as part of the site development plan review process, for a restaurant, water-dependent uses, fast-food booths, kiosks or gazebos or a sports and health club constructed or reconstructed substantially on the site of an existing sports or health facility.

In order to eliminate or reduce obstruction of views of the Hudson River and its New Jersey shore and of views north and south along the Hudson River, and in order to prevent the placement of taller buildings in excessively close proximity to the waterfront esplanade required under Subsection G(1) below, the Village Board may require, as a condition of any change of zone to MW-B designation, that the foregoing one-hundred-foot setback be increased by up to 250 additional feet and that the foregoing sixty-foot setback be increased up to 200 additional feet, in portions of the subject property situated between the shoreline and any building or vertical surface of a building having a proposed height in excess of 35 feet above elevation 10 established in National Geodetic Datum (1929).

With respect to any upland or landfill portion of a subject property that abuts decking in place over the Hudson River as of July 1, 1989, the term "shoreline" means the westernmost edge of such decking, provided that if the concept plan submitted pursuant to Subsection H(1) below indicates that the applicant proposes to remove a portion of such decking without replacing the same, then for such area of the subject property the shoreline shall be deemed to be the westernmost edge of the remaining decking.

With respect to any upland, landfill or submerged portion of a subject property lying inland (easterly) from vertical timber piles which were in place in the Hudson River as of July 1, 1989, and which formerly were fender piles or which formerly supported decking that is no longer in place, the term "shoreline" means a line projected across the westernmost edge of the westernmost pilings, along a northerly-southerly axis, provided that if the concept plan submitted pursuant to Subsection H(1) below indicates that the applicant does not intend to construct new decking over all of such pilings, then for such area of the subject property the shoreline shall be deemed to be the westerly edge of the development actually proposed by such applicant.

With respect to any other portion of a property, the term "shoreline" means either:

The provisions of Subsection F(9)(c) above also shall be applicable to any upland or landfill portion of the subject property which lies inland (easterly) from existing decking or existing vertical deck pilings, but which, under the concept plan submitted under Subsection H(1) below, will not abut any new or existing decking.

If the subject property contains coves or inlets, then the term "shoreline" shall include the water edge of any new decking, retaining walls or bulkheads proposed to be constructed along the banks of such coves or inlets. If no new or replacement decking, retaining walls or bulkheads are proposed to be constructed or replaced along any bank of such cove or inlet, then the term "shoreline" shall apply to the water edge of any existing decking, retaining wall or bulkhead situated on such bank. If no decking, retaining wall or bulkhead exists along the bank of a cove or inlet, and no new decking, retaining wall or bulkhead is proposed to be constructed or replaced along such bank, then the shoreline along such bank shall be the mean high waterline along such bank.

The owner of the subject property shall construct, at no cost to the Village, along the entire length of the shoreline and abutting the shoreline a public esplanade which shall contain a pedestrian walkway or pathway having an average width of not less than 25 feet. The waterfront esplanade shall be at least 25 feet wide along at least 80% of its length, and shall not be less than 15 feet wide at any point. The waterfront esplanade shall consist principally of paved or wood surfaces, but shall also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The waterfront esplanade shall conform to the applicable design standards set forth in Subsection K below.

If the development is constructed in phases or stages, then the portion of the waterfront esplanade extending along and abutting the entire length of the shoreline opposite any part of each such phase or stage shall be constructed as part of such phase or stage. Notwithstanding any contrary provision of this Subsection G(1), the waterfront esplanade may be situated inland from the shoreline in the immediate vicinity of the ramp included in the public boat-launching facility required under Subsection G(5) below, but only to the extent necessary to permit the safe and efficient operation of such ramp.

At the time of enactment by the Village Board of an amendment to the Zoning Map[1] changing the zoning district classification of the subject property to MW-B, there shall be dedicated to the Village, at no cost to the Village, a perpetual surface easement for the purpose of assuring public access to and public use and enjoyment of the waterfront esplanade in its entirety. Such easement, or accompanying recorded agreement satisfactory in form and substance to the Village Attorney, also shall provide for the maintenance and repair of the waterfront esplanade by the owner of the subject property, its successors and assigns in perpetuity and shall provide that if the owner of the subject property or its successors or assigns fail to perform such maintenance and repair work, then the Village shall have the right to perform such work and recover its costs incurred for such work from the owner, its successors or assigns. The easement also shall give the Village the right to construct or complete construction of the waterfront esplanade in the event of failure by the owner, its successors or assigns to do so.

At the time of the aforesaid dedication, the Village Board may require that the owner provide, or agree to provide at a later specified time, bonds, letters of credit, deposits or other security for the performance of the foregoing construction, maintenance and repair obligations, satisfactory in form and substance to the Village Attorney, provided that such security instruments or agreement shall take into account the phases or stages in which the waterfront esplanade is to be constructed. The easement shall recognize the Village's authority to establish regulations for the use of the waterfront esplanade, including, without limitation, times of opening and closing. The easement also shall require the connection of the waterfront esplanade easement area and any esplanade improvements thereon to any similar abutting easement area and improvements then existing or subsequently created in any abutting property in an MW-A or MW-B District. The terms of such easement and the detailed conditions of such dedication shall be subject to approval by the Village Board, and shall be set forth in one or more instruments satisfactory to the Village Attorney and executed by the owner in proper form for recording in the Westchester County Clerk's office, Land Records Division.

The owner of the subject property shall construct thereon, at no cost to the Village, a park having a dry land area constituting not less than 18% of the entire dry land area of the subject property, provided that, for purposes of the preceding sentence, the dry land area of the subject property shall not be deemed to include the area of any portion of the waterfront esplanade constructed or to be constructed over water, and the area of the waterfront esplanade shall be excluded from the dry land area of the park, except that such exclusion shall not apply to any portion of the waterfront esplanade that abuts or extends into the proposed park and that consists of dry land area in excess of the area determined by multiplying the length of the waterfront esplanade required under Subsection G(1) above by the minimum average width required under such Subsection G(1). The park may consist of a single contiguous area or of two or more noncontiguous areas linked by the waterfront esplanade.

The park shall be devoted primarily to uses such as sitting, strolling, picnic use, children's playground and other passive recreation uses. Not less than 50% of the area of such park shall consist of unpaved, planted open space. The remaining area of the park may contain walkways, playgrounds, pedestrian plazas and similar recreation or pedestrian improvements that shall be open to the air, and fast-food booths or kiosks approved by the Planning Board under the provisions of this chapter.

The park shall have convenient and readily visible access from a public street or from a public open space over which the public shall have a right of pedestrian access, assured by the easement to be granted to the Village as described below in this Subsection G(2). The park shall abut and provide access to the waterfront esplanade required under Subsection G(1) above and shall conform to the applicable design standards set forth in Subsection K below.

If the development is constructed in phases or stages, then the portion of the park between the waterfront esplanade and any part of each such phase or stage, as shown on the concept plan included in any petition approved by the Village Board under Subsection H(4) below, shall be constructed as part of such phase or stage.

At the time of enactment by the Village Board of an amendment to the Zoning Map changing the zoning district classification of the subject property to MW-B, there shall be dedicated to the Village, at no cost to the Village, a perpetual surface easement for the purpose of assuring public access to and public use and enjoyment of the park in its entirety. Such easement also shall provide for the maintenance and repair of the park by the owner of the subject property, its successors and assigns in perpetuity, and shall give the Village the right to construct or complete construction of the park and to perform such maintenance and repair work in the event of failure by the owner or its successors and assigns to do so. Such easement also shall acknowledge the Village's authority and responsibility to establish regulations for the use of the park, including, without limitation, times of opening and closing. The terms of such easement and the detailed conditions of such dedication shall be subject to approval by the Village Board. The provisions of Subsection G(1) of this chapter applicable to performance of work by the Village, recovery of Village costs, security for performance and completion of construction, maintenance and repair work, and the form and execution of instruments in connection with the waterfront esplanade, also shall be applicable in connection with the park.

At the time of enactment by the Village Board of an amendment to the Zoning Map[2] changing the zoning district classification of the subject property to MW-B, there shall be dedicated to the Village, at no cost to the Village, a perpetual easement granting to the Village efficient access to any bulkheads, platforms, rip-rap slopes, decking and support pilings for decking beneath or adjacent to the waterfront esplanade along the entire length of the shoreline of the subject property, together with the right to maintain, repair and replace such bulkheads, platforms, rip-rap slopes, decking and support pilings for decking. The terms of such easement and the detailed conditions of such dedication shall be subject to approval by the Village Board, and shall be set forth in one or more instruments satisfactory to the Village Attorney and executed by the owner in proper form for recording in the Westchester County Clerk's office, Land Records Division.

The owner shall submit to the Village Board, as part of the concept plan required under Subsection H(1) below, a detailed, itemized estimate of the costs of the major long-term major maintenance, repair and replacement, on an ongoing basis, of such bulkheads, platforms, rip-rap slopes, decking and support pilings for decking, and for regular inspections thereof, and for maintaining insurance thereon as provided in Subsection G(3)(f) below. In connection with its review of the concept plan, the Village Board shall review such cost estimate with the assistance of such expert consultants as the Village shall engage for such purpose. The owner shall reimburse the Village for any costs incurred by the Village for payment of fees and expenses of such consultants.

At the time of the first issuance by the Village of a temporary certificate of occupancy for any phase of the proposed development or for any portion of such phase, the owner shall be required to contribute to a fund established by the Village a lump sum dollar amount which, in combination with interest earned thereon compounded and added to the principal of such fund, will be sufficient to cover, on an ongoing basis, the long-term major repair and maintenance cost for bulkheads, platforms, rip-rap slopes, decking and support pilings for decking along the riverfront adjacent to such development phase, and along other portions of the riverfront to the extent necessary for the protection of such facilities adjacent to such development phase. Such contributed moneys and retained interest shall be held by the Village in a separate interest-bearing account to be used by the Village for the purposes of this Subsection G(3), or disbursed by the Village (subject to appropriate controls) to any other entity which performs long-term major maintenance and repair work as described above. The requirements of this Subsection G(3) shall be included in the conditions established by the Village Board for any change of zone to MW-B designation.

Prior to the issuance of any building, excavation or utility permit for the proposed development or any phase or stage thereof, the owner shall deliver to the Village, as security for the payment required under Subsection G(3)(b) above with respect to such phase or stage, a clean, unconditional, irrevocable letter of credit in the aggregate amount which the Village Board estimates will be payable by the owner under Subsection G(3)(c) above over the entire construction period of the proposed development. Such letter of credit, and any extension or renewal thereof, shall include provisions authorizing the Village to draw the full amount thereof upon delivering to the issuer a certification that the letter of credit has not been extended or renewed on the foregoing terms and conditions at least 30 days prior to its date of expiration, or upon delivering to the issuer a certification that the owner has not made any contribution required hereunder when required to do so. The form and substance of such letter of credit, and any extension or renewal thereof, shall be subject to approval by the Village Attorney.

If, in order to provide funds to assure the long-term safety and proper structural support of the waterfront esplanade and park required under Subsection G(1) and (2) above, a local benefit assessment area is established by the Village pursuant to the provisions of the Village Law or Municipal Home Rule Law of the State of New York, or under any other state legislation of general or special applicability, then the Village shall continue to maintain the separate Village account established under Subsection G(3)(c) above, but funds previously collected and accumulated in such account will be considered in determining the amount of financing to be raised through the local benefit assessment. The annual charge assessed by the Village against a property or properties benefited by the continued existence and safety of the waterfront esplanade and park will be based on the degree of such benefit conferred upon that property or properties as determined by the Village Board in accordance with applicable law.

Moneys held in the separate Village account referred to in Subsection G(3)(c) above may be used by the Village to pay the cost of maintaining liability and casualty insurance and other types of insurance reasonably required by the Village in amounts reasonably satisfactory to the Village, with respect to the bulkheads, platforms, rip-rap slopes, decking and support pilings for decking referred to above in this section.

Notwithstanding any contrary provision of this chapter, the owner, its successors and assigns shall be responsible for regular, ordinary maintenance, repair and inspection of bulkheads, platforms, rip rap slopes, decking and support pilings for decking, and moneys held in the separate Village account referred to in Subsection G(3)(c) above shall not be available for such purpose.

At the time of enactment by the Village Board of an amendment to the Zoning Map changing the zoning district classification of any property to MW-B, the Village Board may require, as a condition of such amendment, that the owner repair or replace, as part of the proposed development and at no cost to the Village, deteriorated bulkheads, platforms, rip-rap slopes, decking and support pilings for decking along the entire length of the Hudson River waterfront within the subject property.

At the time of site development plan approval for the proposed development or for any phase thereof, or the commencement of any repair or replacement work referred to in Subsection G(4)(a) above, whichever occurs earlier, the owner of the subject property also shall deliver to the Village an instrument, duly executed and in proper form for recording in the Westchester County Clerk's office, Land Records Division, satisfactory in form and substance to the Village Attorney, granting to the Village the right to enter upon the subject property and to perform or complete thereon the repair and replacement of bulkheads, platforms, rip-rap slopes, decking and support pilings for decking along all or any portion of the Hudson River waterfront within the subject property, if the owner fails to perform or complete such repair or replacement work as part of the proposed development within the time period specified in the easement instrument.

Prior to the issuance of any building, excavation or utility permit for the first phase of the proposed development, or the commencement of such repair or replacement work, whichever is earlier, the owner shall deliver to the Village, as security for the performance of such repair or replacement work, a clean, unconditional, irrevocable letter of credit in the amount of the estimated cost, as determined by the Village, of such repair or replacement work to be performed along the entire Hudson River waterfront of the subject property. Such letter of credit, and any extension or renewal thereof, shall include provisions authorizing the Village to draw the full amount thereof upon delivering to the issuer a certification that the letter of credit has not been extended or renewed on the foregoing terms and conditions within at least 30 days prior to its date of expiration, or upon delivering to the issuer a certification that such repair and replacement work has not been performed and completed in a timely manner. The amount of such letter of credit shall be subject to reduction as such repair and replacement work progresses, but at all times shall be sufficient to cover the cost of the uncompleted portion of such work. The form and substance of such letter of credit, and the form and substance of any accompanying agreement concerning such letter of credit, and any extension or renewal thereof, shall be subject to approval by the Village Attorney. The requirements of Subsection G(3) above pertaining to security for funds to be contributed, and the requirements of this Subsection G(4)(c), may be augmented, extended or otherwise modified by the Village Board in a manner consistent with the purposes of such requirements.

In addition to any instruments referred to in Subsection G(1) through (9) above in this chapter, the Village Board may require as a condition of rezoning for MW-B use that any requirements or conditions set forth in any of such subsections shall be incorporated and defined in more specific detail in one or more declarations of covenants or similar instrument satisfactory to the Village Attorney executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division.

Easements, covenants, declarations or agreements required to be recorded under this chapter shall not be subject or subordinate to any liens, mortgages or other encumbrances. Such prohibition shall be implemented in such manner as shall be acceptable to the Village Attorney.

An outline of the road system and pedestrian walkways including any extension of roads which must conform to all Village requirements and any proposed emergency access routes.

Delineation of the areas to be devoted to specific uses, indicating the type and number of dwelling units and bedrooms of residential uses; the type and floor area of nonresidential uses; proposed parking facilities, including the capacity and the vehicular access features of such parking facilities; and the location, height, design concept and other principal characteristics of all proposed buildings and structures.

Description of proposed park, esplanade and other recreation facilities and open spaces and proposed provisions for the long-term and short-term maintenance of such facilities and project infrastructure.

An illustrative site plan indicating the physical elements of the proposed development referred to in Subsection H(1)(a), (b) and (c) above, and proposed visual and acoustical screening, including, without limitation, proposed treatment of plazas, decks, platforms and roofs or parking structures.

The proposed water, storm and sanitary sewer systems and how they are proposed to be connected to the system of adjoining areas.

Environmental characteristics of the property, including topography, areas of slope in excess of 20%, soils, rock outcrops, streams, swamps, lakes, ponds and other wetlands and all proposed alterations of said environmental characteristics.

Estimates of the school-age population, and the guidelines and data on which the estimates are based.

Description of dwelling units to be reserved for senior citizen households, including the number, size, locations and amenities of such dwelling units.

Estimates of peak-hour traffic generation derived from the proposed development and its relation to surrounding roads and intersections, including methods proposed for alleviating traffic impacts, including those caused by construction activities.

If the development is to be staged or phased, a clear indication of the proposed timing of each stage or phase and the improvements included therein.

Description of any off-site facilities or improvements to be provided by the applicant.

Perspective drawings and narrative indicating the visual impact of the proposed development as viewed from the Hudson River and higher elevations inland of the subject property, including impacts on existing view corridors.

Survey map prepared by a New York licensed surveyor depicting and describing by metes and bounds the shoreline of the subject property in accordance with the definition of "shoreline" set forth in Subsection F(9) of this section.

Description and samples of exterior construction and paving materials.

Evidence of how the proposed zoning for MW-B designation would accomplish the purposes set forth in Subsection A and satisfy the requirements of Subsection G above.

Explanation required under Subsection F(2)(e) above, pertaining to rooftop elevator equipment, and a description of the proposed method of enclosing any such equipment.

A preliminary statement of how the applicant intends to comply with the architectural and landscaping guidelines set forth in Subsection K(1) and (2) of this section.

Such other pertinent materials, including but not limited to computer-assisted design representations and a statement of the manner in which environmental mitigation measures are to be implemented, as the Village Board shall require in connection with its review of the application.

All proceedings conducted under Subsections H and J shall comply with all applicable requirements of the New York State Environmental Quality Review Act[4] and regulations promulgated thereunder. If it is determined by a lead agency designated under such Act and regulations that a draft environmental impact statement must be prepared in connection with any petition or application hereunder, then such petition or application shall not be deemed to be complete until such draft environmental impact statement has been accepted as complete by such lead agency.

The Village Board, in its discretion, may allow omission from the concept plan of any information, plan or illustration required under Subsection H(1) above, if such information, plan or illustration is set forth, at pages indicated by the petitioner, in a draft environmental impact statement that has been prepared by the petitioner in compliance with the New York State Environmental Quality Review Act either in response to a requirement of the lead agency for environmental review of the proposed rezoning or on the petitioner's own initiative, and which is accepted as complete by the lead agency, provided that, if a final environmental impact statement has been accepted as complete by such lead agency prior to submission of the petition, then the environmental impact statement referred to above in this subsection shall be deemed to be such final environmental impact statement.

If the Village Board or any other governmental entity determines that the subject property contains chemical contamination of such type or in such concentration as to require further investigation and cleanup activities, then the Village Board shall require, at the time of remapping the subject property for MW-B designation, evidence satisfactory to the Village Attorney that the petitioner has executed a consent order or consent decree in form issued by the New York State Department of Environmental Conservation, and that such order or decree contains a remediation program satisfactory to the Village Board.

The Village Board shall refer the petition with all accompanying documents and materials required under Subsection H(1) above to the Planning Board for a report and recommendation. The Planning Board, with the assistance of the Architectural Review Board and such other Village boards, departments or officials as it shall deem appropriate, shall review the petition and all related documents and materials and shall render a report to the Village Board. The Planning Board may, at its discretion, recommend conditions or improvements in the concept plan for review by the Village Board in its recommendation as to the appropriateness of the requested rezoning.

Upon receipt of a report from the Planning Board, the Village Board shall set a date for and conduct a public hearing in accordance with § 295-157C of this chapter for the purpose of considering an amendment to the Zoning Map[6] to change the zoning district classification of the subject property to MW-B designation. The Village Board may attach such conditions as are reasonably necessary or appropriate to assure that the goals, objectives, requirements and standards of the MW-B District classification, including, without limitation, those set forth in Subsection G above, are met and achieved. The Village Board may require that any or all of such conditions be incorporated in a covenant or covenants satisfactory to the Village Attorney and executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division. In the event that a covenant or portion of a covenant is held to be unenforceable, the validity or enforceability of the remaining portion of such covenant or other covenants shall not be affected. If approved by the Village Board, the zoning amendment, with conditions, if any, shall be enacted by the Village Board as an amendment to the Zoning Map in accordance with the procedures set forth in § 295-157 of this chapter and such regulations as the Village has adopted or may in the future adopt. Each newly created MW-B District shall be considered a separate MW-B District for the purposes of this chapter, regardless of whether or not it is located adjacent to another MW-B District.

The Village Board has determined that, because of their size and riverfront location, properties eligible for MW-B designation encompass a major portion of the Village's development potential, that such properties represent the most significant opportunity to encourage the development of middle-income and senior citizen dwelling units in the Village and thereby achieve certain of the public purposes of the MW-B District classification; and that, therefore, to the extent that the development of large riverfront properties fails to achieve such public purpose, the opportunity to achieve such purpose will be reduced.

The Village Board has determined that, in order to achieve additional real property tax revenues needed to offset additional costs of public services that may result from the scale of development permitted in an MW-B District, it is appropriate to encourage the construction in such district of dwelling units that will be owned in fee simple.

The Village Board has determined that, in order to encourage the provision of business office uses that are conducive to long-term support by the occupants thereof for public and community facilities and for amenities in an MW-B District; the establishment of flexible employee work hours and other traffic-control measures resulting in reduced traffic congestion; and reduction of traffic resulting from delivery, trash removal and other services to occupants, it is appropriate to provide an incentive for the provision in such district of business office facilities occupied principally by a single tenant, owner-occupant or other single occupant.

In order to provide an incentive that will encourage the development of middle-income dwelling units, senior citizen dwelling units or dwelling units that are to be owned in fee simple, or a combination of such types of dwelling units, the Village Board may allow, by special use permit and following a public hearing held on notice duly published and given as provided in § 295-143 of this chapter, an increased residential density and floor area ratio as set forth in Subsection I(3) below, subject to the provision of such types of dwelling units as public benefit features, as more fully set forth in Subsection I(2) and (3) below.

In order to provide an incentive that will encourage the provision of business office facilities that are to be occupied principally by a single tenant, owner-occupant or other single occupant, the Village Board may allow, by special use permit and following a public hearing held on notice duly published and given as provided in § 295-143 of this chapter, an increased floor area ratio for business and professional office use as more fully set forth in Subsection I(2) and (3) below.

The Village Board also may, in its discretion, choose not to allow any incentive increase in an MW-B District. Action by the Village Board on an application for any such increase shall be taken only after review of the proposed public benefit features by the Planning Board and submission of a report and recommendation by said Board to the Village Board. Final site plan approval by the Planning Board shall not occur until after the special use permit determination by the Village Board with respect to any proposed incentive density. The Village Board may, in its discretion, conduct such special use permit procedures concurrently with the procedures for change of zone set forth above in this chapter. The Village Board may require that the applicant execute a declaration or agreement, to be recorded in the Westchester County Clerk's office, Land Records Division, assuring the permanency of the public feature or features for which incentive density is approved. Notwithstanding any contrary provision of this chapter, and in order to preserve the opportunity to review the potential density of development in the light of changing demographic, economic and development conditions, the right to apply for a special use permit allowing incentive density with respect to a property in an MW-B District shall expire one year following the date of action by the Village Board changing the zoning district classification of such property to MW-B designation.

Middle-income dwelling units.

The provision of dwelling units limited in occupancy to senior citizen households, with priority for Hastings-on-Hudson residents, also shall constitute a public benefit feature under this Subsection I(2). Such dwelling units shall be suitable for senior citizen occupancy, and shall remain subject to the limitations and requirements of this Subsection I(2)(b), or to such other or additional requirements as the Village Board may establish as a condition of the special use permit, to assure that the objectives of this subsection I(2)(b) are achieved in a permanent manner. In considering such suitability, the Village Board shall take into account the nature and extent of special features provided for senior citizen use both within the individual dwelling units and in the development as a whole, the availability of a variety of unit sizes, the location of such units within the development and in relation to ease of access to convenience retail and personal service stores, the proposed pricing of the senior citizen units and the effectiveness and fairness of the proposed priority arrangement for Hastings-on-Hudson residents. For the purposes of this section, a "senior citizen household" is defined as a household in which at least one member residing or proposing to reside in a reserved dwelling unit has attained the age of 65 years or more on the date that such household initially occupies the dwelling unit. At the time of granting any special use permit in connection with dwelling units limited in occupancy to senior citizen households, the Village Board may impose conditions providing for more detailed eligibility rules supplementing the provisions of this Subsection I(2)(b) as shall be necessary and appropriate in order to implement and achieve the purposes of such provisions.

The provision of more than 85 dwelling units (including but not limited to townhouses) intended to be owned in fee simple shall constitute a public benefit feature under this Subsection I(2). Such units shall remain subject to the limitations of this Subsection I(2)(c), or to such other or additional requirements as the Village Board may establish as a condition of the special permit, to assure that the objectives of this Subsection I(2)(c) are achieved in a permanent manner.

The provision of business office facilities in which not less than 65% of the permitted gross floor area, as the same may be increased under this Subsection I(2) and (3) below, is to be occupied by a single tenant, owner-occupant or other single occupant shall constitute a public benefit feature under this Subsection I(2). Such office facilities shall remain subject to the limitations of this Subsection I(2)(d), and to such other or additional requirements as the Village Board may establish as a condition of the special use permit, to assure, so far as is practicable, that the objectives of this Subsection I(2)(d) are achieved on a long-term basis.

For the provision of public benefits described in Subsection I(2)(a), (b) or (c) above, or for the provision of a combination of such public benefits, the number of permitted dwelling units determined under Subsection F(1) above may be increased by up to an additional 16 1/2% in the aggregate, and the maximum floor area ratio set forth in Subsection F(3)(a) above [excluding any increase thereof under Subsection I(3)(b) below] may be increased by up to an additional 13% in the aggregate.

For the provision of public benefits described in Subsection I(2)(d) above, the maximum floor area ratio set forth in Subsection F(3)(c) of this section may be increased by an additional 12%, provided that all of such increase shall be used for business office facilities occupied as described in said Subsection I(2)(d). If a twelve-percent increase in floor area ratio is approved under the preceding sentence, then the maximum floor area ratio set forth in Subsection F(3)(a) of this section, as the same may be increased under Subsection I(3)(a) above in this section, shall be increased to the extent necessary to reflect the additional permitted floor area resulting from such twelve-percent increase.

The number, extent and combination of public benefit features to be provided.

The need for the provision of such public benefits by the applicant, at that time, and the relative merits of alternative means of obtaining such benefits then available to the Village.

The degree of compatibility of such public benefit features with other goals, objectives, limitations, standards and requirements and guidelines set forth in this chapter with respect to development in an MW-B District.

The quality and variety of design of the proposed public benefit features, and assurances of quality of construction of the dwelling units, as determined by the Planning Board in the course of its review under Subsection K below.

The amount of incentive density increase necessary to more than offset the cost or economic penalty of providing the public benefit features, thereby creating the incentive for providing such features.

With respect to middle-income or senior citizen dwelling units, the effectiveness and fairness of the procedure for determining eligibility for occupancy of such dwelling units and the proposed priority arrangement for Village residents.

The effectiveness of legal mechanisms for assuring that the reservation of dwelling units for their public benefit purpose will be permanent.

The integration of the proposed middle-income, senior citizen or fee simple ownership dwelling units into the overall development or neighborhood in which they are to be located.

With respect to middle-income or senior citizen dwelling units, the suitability of the proposed location, and equipping of such dwelling units.

With respect to dwelling units intended to be owned in fee simple, the anticipated level of real property tax revenues to be generated by such dwelling units.

With respect to business office facilities that are to be occupied principally by a single tenant or owner-occupant, the degree of assurance that such occupancy actually will occur and the probable duration of such occupancy, as evidenced by, among other things, executed leases, agreements and other documents.

Design of buildings as an integrated part of overall site design related to the downtown area of the Village and other surrounding development, and to topographical conditions.

Orientation of taller buildings in an east/west direction in order to avoid the creation of high, continuous visual barriers.

The siting of buildings to respect important views north, south and west from public facilities such as Fulton Park, the Village Municipal Building and Library, the Warburton Avenue Bridge, Washington Avenue and Warburton Avenue south of Washington Avenue, and from on-site areas devoted to park, esplanade, retail or community use.

The siting of taller buildings in proximity to upland areas of higher elevation lying inland of the subject property.

Where appropriate because of existing or potential uses on adjacent dry land areas, the provision of adequate setbacks along boundaries with such areas, to allow for landscaped buffers and screening.

Limitation of length of buildings and variation of building heights, including stepdown of building heights in a riverward direction.

Use of setbacks and indentations of walls and facades to help achieve a pedestrian-scaled environment, particularly in areas devoted to park, esplanade, retail or community use.

Use of pitched roofs, dormer windows, gables and other architectural elements in order to provide visual interest and reduce the apparent scale of the development.

Landscape treatment of plazas, pedestrian areas, esplanades, courtyards, park areas and similar areas, including a mix of shade trees and other plant material such as ground cover and shrubs, with proper regard for factors such as microclimate, function of area and required maintenance, in determining the species, scale and planting pattern.

Screening new development on the subject property from adjacent properties and appropriate screening between residential and nonresidential uses within the subject property.

The use in esplanades, walks, plazas, parking lots and other surface areas of paving materials that offer some variety of pigments and textures that are in harmony with nearby proposed buildings and paved areas and are safe for pedestrian traffic, including the handicapped.

The use of covered and trellised outdoor spaces such as loggias, arcades and colonnades in order to provide shade, transition between indoors and outdoors and to add visual interest, shadow and depth to building elevations.

Planting of sidewalks on public or private streets with regularly spaced, salt-tolerant shade trees.

Softening of the visual impact of parking areas by screening of all parking areas from street view, by interrupting continuous rows of parking spaces with planting, by creating planted canopies over parking areas and by compliance with additional requirements set forth in § 295-32 of this chapter.

Except as otherwise provided in this chapter, signs may be lighted, provided that the lights are so located and shielded that the sources are not directly visible from points beyond the boundaries of the lot on which they are located. In no case, however, shall such signs include any flashing or intermittent lights; lights of changing degrees of intensity; illuminated tubing; or strings of light outlining rooflines, doors, windows or wall edges of any buildings; nor shall such signs be of a type that has the whole or any part in motion by rotating, fluttering or any other means, except that customary seasonal lighting and decorations shall be permitted.

Signs shall not obscure any sign displayed by a public authority, nor interfere with access of light or air to any window in any building, nor obstruct any opening in any building required by law for ingress or egress.

No signs or lighting of signs shall be permitted if the approving authority finds that they may be mistaken for traffic signal devices.

In addition to compliance with the above, a sign plan must be submitted to the Planning Board, as part of the application for site plan approval, describing the size, number, content and placement of all signs to be used in the MW-B District. The use of all signs must be in accordance with the general design guidelines as set forth above in Subsection K(1), (2) and (3) of this section.

In applying § 295-18D within an MW-B District, the approving authority shall be the Planning Board, except in instances in which the Village Board is designated under this chapter as the approving authority.

In applying § 295-27 within an MW-B District, the approving authority shall be the Village Board.

In applying §§ 295-86 through 295-97 within an MW-B District, the approving authority shall be the Village Board.

In an MW-B District, the height limitations set forth in § 295-21A shall be measured in feet above elevation 10 established in National Geodetic Vertical Datum (1929).

In an MW-B District, § 295-36 is superseded by Subsection F(6).

In the MW-B District, the time of expiration of any special use permit shall be as established by the Village Board as a condition of such special use permit, notwithstanding any contrary provisions of § 295-96 of this chapter.

In an MW-B District, the provisions of §§ 295-82 and 295-67B(1) through (3) of this chapter shall not be applicable.

An inventory of existing personal wireless service facilities within the Village that are within a reasonable distance from the proposed facility with respect to coverage, to the extent that this information is available to the applicant from the Building Department files and other sources.

An inventory of existing personal wireless service facilities in other municipalities that can be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve, to the extent that this information is available to the applicant.

A report on the possibilities and opportunities for collocation as an alternative to a new site.

Identifies all existing tall structures, such as water tanks, utility poles, church spires, etc., in the Personal Wireless Service Facilities Overlay District; and

Outlines the possibilities for use of those tall structures as an alternative to new construction, including a statement as to whether the owner of the tall structures would permit the location of the proposed personal wireless service facility on that structure.

In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design, including a cross-section of the structure, demonstrate the structure's compliance with applicable structural standards and describe the structure's capacity, including the number of antennas it can accommodate and the precise point at which the antenna shall be mounted.

In the case of an antenna mounted on an existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, any modifications to the existing structure that may be required, the proposed method of affixing the antenna to the structure and the precise point at which the antenna shall be mounted. In addition, the report shall certify that the proposed personal wireless service facility will not diminish the structural integrity and safety of the existing structure.

An engineering analysis of the radio emissions, and a propagation map for the proposed personal wireless service facility. The analysis shall be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering or a qualified radio technician or health physicist with expertise in radio-communication facilities and electromagnetic energy. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the Federal Communications Commission (FCC) or, in the absence of limits established by the FCC, by the American National Standards Institute (ANSI), which are in effect at the time of the application.

If the proposed personal wireless service facility would be collocated with an existing facility or would be located within 250 feet of another personal wireless service facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility and any other facility within 250 feet are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.

Negotiate in good faith for shared use of the proposed personal wireless service facility by other personal wireless service providers in the future;

Respond in a timely and comprehensive manner to a request for information from a potential shared use applicant;

Allow shared use of the new tower if it is technically and economically feasible and if another personal wireless service provider agrees, in writing, to pay charges; and

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

The collocation of existing personal wireless service facilities only within the Personal Wireless Service Facilities Overlay District shall be strongly preferred to the construction of new personal wireless service facilities.

Approval of a proposal to share space on an existing personal wireless service facility within the Personal Wireless Service Facilities Overlay District shall be conditioned upon the applicant's agreement to pay the reasonable costs of adapting an existing facility to a new shared use. These costs can include but are not limited to structural reinforcement, prevention of transmission or receiver interference, additional site screening and other changes required to accommodate shared use.

If a new site for a personal wireless service facility is proposed, the applicant must demonstrate that the proposed personal wireless service facility cannot be accommodated on an existing personal wireless service facility within the Village or on an existing facility in another municipality due to one or more of the following reasons:

Unless the Federal Communications Commission promulgates rules to the contrary or the applicant demonstrates to the satisfaction of the Planning Board that a greater height is necessary, the maximum height for an antenna mounted on another structure shall be six feet above the highest point of the building or structure on which it is installed. The maximum height for a tower or monopole shall be 125 feet above ground level or the minimum height necessary to provide service to locations that the applicant is not able to serve with existing facilities within and outside the Village, whichever is less. The Planning Board may permit a tower or monopole to be higher than the minimum necessary to provide service to such locations if such additional height is necessary to accommodate collocation of other personal wireless service facilities on the same tower or monopole.

Accessory structures shall be the minimum size necessary to house the equipment for the PWSF, but in no event shall they be larger than 250 square feet (inside dimensions) per carrier.

Towers or monopoles not requiring Federal Aviation Administration (FAA) painting or marking shall either have a galvanized finish or be painted gray or blue-gray above the surrounding tree line and gray, green or tannish brown below the surrounding tree line.

If an antenna is installed on a structure other than a tower or monopole, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or compatible with the color of the supporting structure, so as to make the antenna and related equipment as visually unobtrusive as possible.

Where a personal wireless service facility is to be attached to an existing building or structure, such facility shall be integrated into such existing building or structure in a manner that blends with the architectural characteristics of the building or structure to the maximum extent practicable.

Accessory structures shall be designed to blend with the architectural characteristics of neighboring residential structures.

Accessory structures shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen the accessory structure from residential property or public spaces.

For towers or monopoles, vegetative screening shall be provided to effectively screen the tower base, including fencing. At a minimum, screening shall consist of one row of native evergreen shrubs or evergreen trees capable of forming a continuous hedge at least 10 feet in height within two years after planting. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement toward meeting landscaping requirements. Additional screening may be required to screen portions of the structure from nearby residential property or important views. All landscaping shall be properly maintained to ensure good health and viability.

The minimum lot width shall be 150 feet.

The maximum building height shall be 55 feet.

The maximum building coverage shall be 35%.

The maximum development coverage shall be 40%.

The minimum front yard setback shall be 150 feet along Broadway (New York State Route 9) or along Tompkins Avenue, and 50 feet on all other street frontage, subject to the provisions of Subsection D(2)(h) below.

The minimum rear yard setback shall be 50 feet.

The minimum side yard setback shall be 50 feet, subject to the provisions of Subsection D(2)(h) below.

Notwithstanding the foregoing, the Planning Board shall have the authority to permit a reduction in the yard setback in the following circumstances:

The maximum floor area ratio (FAR) shall be 0.75.

All new driveway entrance structures such as gates shall be setback at least 100 feet from the frontage along Broadway (New York State Route 9).

Parking requirement: one parking space/1,000 square feet of studio and/or mill space, provided that the Planning Board shall have the jurisdiction to reduce the required parking if applicant agrees to provide valet parking for up to 25% of the parking required for any and all components of the studio use.

A maximum of two productions shall be active in a multimedia production studio at any single time.

No outdoor filming shall be permitted on the site without prior receipt of a film permit (or similar Village-issued permit), which shall be subject to the ordinary and typical regulations for film productions within the Village.

All activities shall conform to the sound limits articulated under Chapter 217 of the Village Code.

All lighting shall conform to the regulations for exterior lighting found at § 295-49 of this chapter.

Food preparation for service on-site shall be conducted within buildings and no food trucks shall be permitted to operate on the site.