The storage or parking and use of a trailer by any person or persons, except as hereinafter provided, is prohibited in each and all districts enumerated in Article II herein, except that storage or parking of such trailers may be conducted in garages, provided such trailer is not placed in use and the doors thereof are kept securely locked.

A temporary permit for the placing and use of a trailer on a lot may be issued by the Director of Public Works in connection with any construction for which a building permit has been issued. Such permit shall be for a period of not more than six months but may be renewed at the discretion of the Director of Public Works if work on said construction is proceeding diligently. A fee, as set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk, shall accompany the application for a temporary permit. In addition thereto, the applicant shall furnish a letter of credit, other liquid asset, or a cash deposit in an amount set forth in the Consolidated Fee Schedule maintained in the office of the City Clerk, to the satisfaction of the Corporation Counsel and City Comptroller, conditioned on the removal of said trailer by the applicant on or before the expiration date of the permit and any extension thereof.

Separating distances.

Minimum lot size; minimum lot dimensions.

Landscaping and screening requirements.

Internal circulation and vehicle reservoir capacity.

Convenience stores as accessory use to an automobile gasoline service station.

Off-street parking.

Two or more uses on the same lot. Except as specified hereinafter, where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot. In the case of two or more establishments on the same lot or on contiguous lots, the Planning Commission may approve the joint use of parking space, the total capacity of which is less than the sum of the spaces required for each and using the same driveways giving access thereto, provided that said Commission finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.

Layout and location of off-street parking facilities.

Location and ownership of required accessory parking facilities. Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory or anywhere within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which the parking spaces are located. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.

Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained throughout the life of any use or structure which said facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for the use of those persons who are employed at or making use of such structures and uses, except when dedicated to and accepted by the City as public parking areas.

Effect of parking requirements on existing uses. Structures and land uses in existence or for which building permits shall have been approved on the effective date of this chapter shall not be subject to the requirements for off-street parking spaces set forth in this chapter, provided that any parking facilities not existing to serve such structures or uses shall not, in the future, be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking facilities for such structures or uses, as well as any future enlargement or extension thereof, shall, however, be provided as a condition for the issuance of any building permit for such enlargement or extension. In case of practical difficulty or unnecessary hardship arising out of this requirement, the Zoning Board of Appeals shall require only such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but shall not waive any part of the requirement for the part of the structure or use that constitutes an enlargement or extension and shall not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of such requirements, provided that nothing herein shall be deemed to limit any power of said Board that is conferred by law. Required off-street parking facilities which, after development, are dedicated to and accepted by the City shall be deemed to continue to serve the uses or structures for which they were originally provided.

In order to prevent any increase of traffic congestion on City streets, to provide adequate space for off-street parking and maneuvering, to encourage the use of off-street parking space by automobile operators and for the purpose of assuring that space designed for off-street parking does not adversely affect abutting properties or the surrounding neighborhood, the following regulations shall apply in all residential districts, and on all lots in any other district used for residential purposes:

Purpose. To allow an alternate means for a property owner to provide required parking for residential units including upper floor dwelling units that are newly created through new construction or the repurposing and renovation of existing space within the Downtown Parking District as shown in Attachment 4[1] of the City of Peekskill Zoning Code.

Applicability and requirements. Property owners that obtain site plan approval to create residential units in new buildings or create more than two units in renovated buildings in the Downtown Parking District may make a one-time "payment-in-lieu-of-parking" ("PILOP") to the City of Peekskill Downtown Parking Fund, rather than providing required parking spaces on-site for new residential units. In addition to the PILOP, the property owner is required to purchase the required number of municipal parking permits for residents residing in the new residential units, and to pay an annual maintenance fee for each permit parking space. The PILOP and maintenance fee will allow the City of Peekskill to acquire land, finance, design, construct and carry out capital repairs and perform other necessary and desirable actions to provide municipal parking facilities as well as on-street parking and to allow for other transportation and pedestrian improvements in the Downtown Parking District. During site plan review, the Planning Commission will also consider the need for a loading zone in close proximity to the new residential units.

No permanent waiver. For all residential units created through construction and for more than two residential units created through renovation in the Downtown Parking District, no permanent waiver of off-street parking requirement shall apply.

Maximum on-site parking. If greater than 40 off-street parking spaces are required by the City of Peekskill City Code for a proposed residential project, a maximum of 60% of required parking may be permitted on site, with the remainder subject to the PILOP. The applicant may submit a request to the Planning Commission to provide greater than 60% of parking spaces on site. To permit greater than 60% of required parking on site, the Planning Commission must find one of the following conditions is satisfied based on the applicant's statement of findings:

Temporary waiver of permit purchase. Five years after issuance of the final residential certificate of occupancy, a property owner may apply to the Planning Commission to reduce the number of permits required to be purchased. In support of such application, the property owner must submit an affidavit to the Planning Commission affirming the number of vehicles that each residential unit possesses during the immediately preceding three-year period. If the Planning Commission finds that the three-year average of the total number of vehicles is less than the required number of municipal permits, then the Commission may issue a temporary waiver for the purchase of permits and payment of maintenance fees for the number of spaces not needed. Further reduction of permits may be applied for every three years based on data that identifies the average number of vehicles that the residential units possess during the preceding three-year period, as described above. The original PILOP fee will not be refunded for temporarily waived spaces.

Revision of temporary waiver. The Planning Commission may request vehicle ownership data from a property owner at any time to consider decreasing the number of temporarily waived spaces. The property owner may purchase additional permits for residents at any time.

Establishment of fees. The amount of the one-time PILOP fee and the annual permit fee and maintenance fee per parking space shall be in accordance with the fees identified in the Peekskill Consolidated Fee Schedule that may be periodically revised by the Common Council. In setting such fees, the Common Council shall take into account the costs of acquiring property, carrying out suitable site development, and maintaining municipal parking facilities.

Timing and method of payments.

Grandfathering. The amendments set forth herein shall apply to all current and future applications that have not received site plan approval as of the effective date of this amendment.

For all uses other than one-, two- or three-family houses, the entire lot, except areas covered by buildings or surfaced as parking or service areas, but in no case less than 10% of the lot area (except in the C-2 District), shall be suitably landscaped. In landscaped areas, not less than 25% shall be planted with growth other than grass. Where lot lines coincide with one residence district boundary, there shall be planted evergreen trees of such type and spacing as may be required by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence district. All landscaping shall be properly maintained throughout the life of any use on any lot. Existing walls or trees with a diameter of eight inches as measured three feet from the base of the trunk within 30 feet of any street line or 50 feet of any residence district boundary shall not be removed except with the approval of the Planning Commission.

A landscaping plan prepared by a landscape architect or qualified landscaper shall be submitted as part of the site plan.

Except as specified hereinafter, no open-front store or other open-front place of business or outdoor vending machine or outdoor display, storage or sales of groceries, foodstuffs, building materials, vehicles, machinery or other substances or products shall be maintained, conducted or used in the City of Peekskill, and all businesses, services and processes shall be conducted wholly within completely enclosed buildings. The provisions of this section shall not apply to the following uses if such uses are otherwise permitted in a district:

In appropriate cases and in accordance with the requirements set forth in § 575-57C hereof, the Common Council may issue a special permit permitting any open use otherwise prohibited under the terms of this section in a commercial or manufacturing district and outdoor vending machines in a commercial district, provided that under no circumstances will a vending machine be permitted to be placed on a public sidewalk or in any location where the use of said machine by motorists would, in the opinion of the Common Council, create a traffic hazard or impediment to the free flow of traffic on any street.[1]

Accessory uses shall conform to rear, side and front yards as are provided for accessory uses in each district. In the event that, due to topographic conditions, practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the issuance of a variance for the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of the street line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of said line exceeds 20%.

However, in no case, notwithstanding the foregoing provisions, shall a garage or accessory building be permitted to be located closer than 20 feet to the street line of a county road or state highway.

Cornices or cantilevered roofs may project not more than two feet, and belt courses, windowsills and other ornamental features may project not more than six inches, into a required yard. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of one lot line where a building erected on an adjoining lot is built to the lot line, provided that in such event the second side yard shall be increased to a minimum width of two times the width otherwise required.

Paved terraces, platforms, stoops, steps and walls shall not project within 10 feet of a street line or four feet of a property line.

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

Purpose. The purpose of these cannabis regulations is to provide for the placement and regulation of adult use medical and recreational marijuana dispensaries and consumption sites and to allow cannabis delivery services as authorized pursuant to state law and regulations with the goal of minimizing potential adverse impacts on adjacent properties, neighborhoods and the City in general.

Applicability. Cannabis dispensaries and consumption sites are hereby permitted by special permit of the Planning Commission within the C-1, C-2, C-3, M-1, M-2, M-2B, WF-2 and WF-3 Zoning Districts.

General provisions and findings requirements.

Location.

Application process and requirements.

Prohibition against nuisances. The dispensary or consumption site shall not create a nuisance to abutters or to the surrounding area, or create any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent, or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.

If any provision, paragraph, sentence, or clause of this section shall be determined to be in conflict with applicable state law or regulations, the provisions of said state law or regulations shall prevail.

Where not expressly defined in the Peekskill Zoning Ordinance, terms used in this section shall be interpreted as defined in the New York State Marijuana Regulation and Taxation Act.[1]

The provisions of this section are severable. If any provision, paragraph, sentence, or clause in this section shall be held invalid, such invalidity shall not affect the other provisions of this section.