All buildings and structures housing animals or exercise areas for said animals shall be 50 feet from any residential use or district boundary line.

All buildings housing animals for overnight stays shall be soundproofed and entirely closed such that no animal shall be permitted to gain access to the outdoors between the hours of 10:00 p.m. and 7:00 a.m.

Adjacent properties shall be adequately buffered and screened from noise, odors and an unsightly appearance.

Animal cadavers and contaminated materials shall be disposed of in accordance with applicable local, county and state regulations.

Adjacent properties shall be adequately buffered and screened from noise and odors.

For bars that bottle beverages for off-premises sales:

All buildings for entertainment or recreation uses which are approved to be open after 10:00 p.m. shall be soundproofed and entirely closed such that nearby residences are not affected by the inside activities.

All indoor entertainment or recreation uses shall cease operations by 12:00 midnight unless otherwise approved by the Planning Board.

All outdoor entertainment or recreation uses shall cease operations by 11:00 p.m.

Outdoor lighting shall be arranged and shielded so as not to project beyond the boundaries of the property.

No outdoor entertainment, music or public address system, nor any other forms of noise generation, shall be permitted within the outdoor recreation area between the hours of 10:00 p.m. and 8:00 a.m.

Outdoor recreation shall cease operations by 10:00 p.m., Sunday through Wednesday, and 11:00 p.m., Thursday through Saturday.

Adjacent properties shall be adequately buffered and screened from noise.

All rooms shall be connected to interior hallways and thereby to elevators, stairwells or lobbies, through which access to the exterior shall be provided.

Conference facilities shall be permitted as an accessory use and shall be subject to the parking requirements for places of assembly.

Other typical uses associated with hotel lodging uses, such as retail sales, restaurants or indoor entertainment or recreation shall be deemed as accessory uses and permitted in the O-R and Planned Waterfront Districts. Such accessory uses shall be part of or attached to the principal building and adhere to the bulk requirements of that district.

Outdoor recreational facilities such as swimming pools and tennis courts may be permitted but shall be no closer than 30 feet to the property boundary of a residential use or residential zone boundary and shall be reasonably screened from the view of neighboring properties.

Outdoor lighting shall be arranged and shielded so as not to project beyond the boundaries of the property.

No outdoor public address or music system shall be used.

The applicant shall be the owner of the premises and a full-time resident of the premises.

The property and structures thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located unless a variance has been granted by the Zoning Board of Appeals.

It shall be determined by the Planning Board that the size and shape of the lot on which the establishment is proposed can accommodate the proposed patrons and parking.

No paying guest shall stay on any one visit for more than 14 days.

The premises in which a bed-and-breakfast establishment is operated shall have a minimum of one off-street parking space per bedroom designated as available for overnight guests.

The only meals to be furnished shall be one daily morning meal per paying guest. A restaurant may be operated as a second principal use on the premises only if the use is allowed in the zoning district and subject to all requirements of this chapter.

In business districts where residential units are not prohibited on the first floor (such as the PC, SP-N, NC-1 and NC-2 Districts) and the applicant is requesting to have the bed-and-breakfast as a single principal use where residential uses will be on the first floor, it shall be determined that the proposed bed-and-breakfast will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.

A bed-and-breakfast conditional use approval shall be issued for an initial period established by the granting board of not more than three years and shall thereafter be renewable every three years by the board that granted it. The permit shall expire upon a change of ownership of the dwelling, and the new owner shall be required to seek a new permit in order to continue the operation of the bed-and-breakfast establishment. The Building Department shall reissue the permit after approval of said board and an inspection of the premises finds it to be in compliance with all applicable codes, the requirements of this section and the provisions of the original approval.

The minimum unit size shall not be less than 1,000 square feet, including both office and residential areas.

Live-work units shall only be permitted atop of nonresidential uses, and no part of any live-work unit shall be located on the ground floor or in a basement in the VC, NC-1, NC-2 or SP-N Districts.

No more than two employees who do not reside in the unit shall be permitted to work in the unit.

All live-work units shall be subject to a recertification by the Building Department every three years upon the anniversary of the granting of their certificate of occupancy. The Building Department shall reissue the permit after an inspection of the premises finds it to be in compliance with all applicable codes, the requirements of this section and the provisions of the original approval. The applicant shall be required to certify that all units continue to be utilized under the terms originally specified for the granting of the conditional or special permit.

Surface parking lots for the general public shall be screened from the street with a decorative fence or wall not to exceed three feet in height. Fences should be of a decorative metal variety, and vinyl fences shall not be permitted on street frontages. Walls should be faced with decorative brick or stone. A fence no taller than 6.5 feet shall be permitted at side and rear elevations.

Structured parking facilities shall be subject to all of the bulk requirements for the district in which they are located.

All vertical parking systems must either be enclosed in a parking structure or located underground.

Adequate off-street parking and loading areas shall be provided, including at least one loading berth and an off-street pickup and dropoff area.

The operation shall not cause off-site disturbance due to noise, vibration, odor or hours of operation.

The hours of operation for outdoor illumination and public address systems in the outdoor sales area shall be limited from the hours of 7:00 a.m. to 10:00 p.m.

Outdoor sales areas shall be suitably screened from dwellings and residential districts.

The site plan shall delineate areas for parking and areas for outdoor display and sales of merchandise. No area designated for parking on the site plan shall be used for sales, display or storage without approval of the Planning Board.

All outdoor areas in which products are stored and which are not part of the sales operation or intended for access by the general public shall be deemed outdoor storage and shall meet the requirements for the same as set forth in this chapter.

Outdoor areas used for the display and sale of building materials, such as lumber, glass, and trim, and landscaping materials other than plants, shall meet the screening requirements for outdoor storage.

General.

General plus.

Intensive.

The facility shall comply with all local, county and state environmental regulations and shall ensure that harmful or hazardous materials are properly disposed of. Drainage of such materials into public streets, storm or sanitary sewers, bodies of water or into the ground is prohibited.

Adequate receptacles shall be provided for the deposit of all waste material. There shall be adequate provision for disposal of trash and refuse left on the premises.

Adequate space shall be provided on the site for all the elements of the motor vehicle use to be incorporated on the site, including provision for off street parking for the maximum number of motor vehicles and off-street loading and unloading. No loading shall occur across curbs and sidewalks. Adequate access and egress with appropriate turning radii to the site shall be provided, as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of vehicles on the street or shoulder waiting to enter the site shall not be permitted.

All loading and parking areas for vehicles shall be paved, curbed and drained in accordance with Village specifications.

Curbs shall be constructed so as to channel all traffic to permitted curb cuts. There shall be no more than two curb cuts on any single street frontage for that property.

When located adjacent to a residential district or use, a dense planting of evergreen bushes or trees to a width of at least 10 feet, in addition to a fence, shall be provided to block headlight glare and muffle noise from motor vehicles.

All service, storage and trash areas and electrical and mechanical equipment shall be completely screened from view from any public street or adjacent property.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighbors.

The maximum permitted height of a luminaire shall be 20 feet. A luminaire shall have a total cutoff of light at an angle of 45º from vertical or greater with a maximum permitted illumination at the property line of one footcandle at ground level. There shall be no external lighting on the fascia of a canopy; all canopy lights shall be directed downward.

Outdoor lighting should be directed away from the residential properties.

Any lighting shall be shielded to direct light onto the established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. However, access and lighting shall not be permitted on a side facing a residential area, unless a sufficiently high landscaped berm can be provided to completely shield the building and lighting from residences.

Properties adjacent to residential districts shall have the hours of operation for lighting limited to 7:00 a.m. to 10:00 p.m., and outdoor public address systems shall be limited to the hours of 8:00 a.m. to 8:00 p.m.

Fuel pump islands.

Minimum setback from street: 15 feet.

Minimum setback from other property lines: five feet.

Maximum height: 15 feet.

Maximum width of curb cut: 20 feet.

Minimum distance from intersection or other driveway: 25 feet.

Minimum distance from adjoining property line: 10 feet.

Outdoor storage shall be subject to all of the requirements of this chapter for outdoor storage.

Adequate off-street stacking space shall be provided for at least four vehicles per wash station.

Vehicles shall not be stored on the premises overnight unless the Planning Board grants approval for outdoor storage as an accessory use.

All repairs shall take place in a fully enclosed building or in a yard which is fully screened from all adjoining properties and public streets. Outdoor repairs shall not be permitted in a front yard or within 25 feet of a residential district.

No vehicle repairs or storage shall take place within a public right-of-way. Vehicles that are stored for any length of time before or after repairs are done shall be subject to the screening requirements for outdoor storage.

Vehicle repair garage doors should face toward the side yard or, on a corner lot, the street with the lower traffic impact.

Repair buildings shall comply with the setback requirements for buildings in the district.

A landscaped area at least three feet in width shall be provided between the public sidewalk and any outdoor vehicle display area. The area shall be landscaped with shrubs and shall not be used for the display of vehicles.

Sales buildings shall comply with the setback requirements for buildings in the district.

The site plan shall indicate how maneuvering and access will be handled. Vehicles shall be arranged neatly on the site and shall not be stored or displayed in areas needed for maneuvering and access.

Athletic and recreation facilities.

Maintenance facilities.

An off-street dropoff and pickup area and loading berth shall be provided.

The minimum setback to any residential use or district shall be 35 feet, and no parking or loading shall be located within the thirty-five-foot setback.

An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements. The applicant shall also file with such plans an affidavit acknowledging his/her understanding of the applicable performance standards and stating his/her agreement to conform with same at all times. During the course of site development plan review, the Planning Board will determine if the applicant's proposal falls within the performance standards.

The Planning Board may require a report by one or more expert consultants retained by the Board, or retained by the applicant and approved by the Board, to advise as to whether the proposed use will conform to the applicable performance standards. The consultant shall report to the Board within one month, and a copy of his/her report shall be promptly furnished to the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant.

If the Planning Board deems that the nature of the business may require heightened security, the Planning Board may require the following documentation as part of site plan approval:

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials including any heating systems, or heat inducing or grow lighting, shall include adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of federal, state and local laws and regulations shall also apply.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 50 CPS frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 CPS frequency or a periodic vibration shall not induce accelerations exceeding 0.001g at the lot line. Single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g at the lot line. In addition, please see Chapter 123, Explosives and Blasting.

Noise. The maximum sound level radiated by any use or facility at any lot line shall not exceed the values designated in Chapter 178, Noise.

Smoke, dust and other atmospheric pollutants.

Radiation and electromagnetic interference.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in accordance with all standards, laws and regulations of the Westchester County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Direct glare. "Direct glare" is defined for the purpose of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high temperature processes as welding, or petroleum or metallurgical refining. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60º, drawn perpendicular to the ground, and with the exception that such angle may be increased to 90º if the luminary is less than four feet aboveground. Such luminaries shall be placed not more than 16 feet above ground level, and the maximum illumination at ground level shall not be in excess of three footcandles.

Indirect glare. "Indirect glare" is defined for the purpose of this chapter as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination at the property line of one footcandle at ground level. Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

Any lighting shall be shielded to direct light onto the established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. However, lighting shall not be in excess of 0.1 foot candles at the property line.

If the Planning Board finds that the nature of the business requires odor control, the Planning Board may require the following conditions as part of the site plan approval:

Outdoor dining areas shall only be permitted in conjunction with a permitted restaurant.

Applicants seeking to have outdoor dining on public sidewalk property must obtain a sidewalk cafe permit as per Chapter 216, Sidewalk Cafes.

The outdoor dining area located on sidewalks shall be sited so as to preserve a width of at least four feet for pedestrian movement. The Planning Board shall require a wider clear area in areas with heavy pedestrian traffic.

The outdoor dining area may be located in the front yard or on the sidewalk of a public street, but where located in any side or rear yard adjacent to a residential zone boundary or residential use shall maintain an evergreen screen and fence to a height of no less than six feet.

No outdoor entertainment, music or public address system, nor any other forms of noise generation, shall be permitted within the outdoor dining area between the hours of 10:00 p.m. and 8:00 a.m.

Outdoor dining shall cease operations by 10:00 p.m., Sunday through Wednesday, and 11:00 p.m., Thursday through Saturday.

All other requirements concerning outdoor dining on public sidewalk property must meet the standards outlined in Chapter 216, Sidewalk Cafes.

No flammable or explosive liquids, solids or gases shall be stored aboveground. No more fuel than is necessarily required for the principal use shall be stored on the premises.

All outdoor storage facilities shall be enclosed by a fence, wall or screening adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required setbacks and buffers for the district in which they are located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of automobile sales or automobile rental establishments.

No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces, such as wind or rain.

All materials or wastes which might cause fumes or dust, or which constitute a fire hazard or which may be edible by, or otherwise attractive to, rodents or insects, shall be stored outdoors only in enclosed containers.

No material or equipment stored outdoors shall exceed a height of 10 feet above grade within 20 feet of a property line adjacent to residential districts. In no case shall material or equipment stored exceed the height of the principal building on the property.

Outdoor displays. Incidental outdoor displays such as seasonal items shall be permitted, provided the requirements for outdoor retail sales establishments are met.

If the principal use is a drive-through associated with a food establishment such as a restaurant or fast-food chain, the facility shall comply with Chapter 145, Food Establishments.

Adequate receptacles shall be provided for the deposit of all waste material. There shall be adequate provisions for disposal of trash and refuse left on the premises.

Adequate space shall be provided on the site for all the elements of the associated primary use to be incorporated on the site, including provisions for off-street parking for the maximum number of motor vehicles and off-street loading and unloading. Adequate access and egress with appropriate turning radii to the site shall be provided, as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of vehicles on the street or shoulder waiting to enter the site shall not be permitted.

Curbs shall be constructed so as to channel all traffic to permitted curb cuts. There shall be no more than two curb cuts as a result of the drive-through on any street frontage.

When located adjacent to a residential district or use, a fence, in addition to dense planting of evergreen bushes or trees to a width of at least 10 feet, shall be provided to block headlight glare and muffle noise from motor vehicles. The evergreen screening should be located to the benefit of the neighbors.

Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or neighbors.

The hours of operation for lighting and outdoor public address systems for a drive-through shall be limited to 8:00 a.m. to 10:00 p.m. unless otherwise negotiated by the Planning Board during site plan approval.

No display of goods shall be visible from the exterior of the building.

Such occupation is incidental to the residential use of the premises and is carried on in the main building.

Such occupation is incidental to the residential use of the premises and is carried on in the main building.

Off-street parking shall be provided in addition to the required residential parking and is set forth in Appendix C, Parking Requirements.[1]

Outdoor accessory recreation requires a minimum lot size of one acre, subject to the following: