Except as hereinafter provided, any farm building, other than dwellings and buildings accessory thereto, and the heating plant of any greenhouse shall be distant at least 75 feet from any adjacent property line.

Farm buildings devoted to or intended for the housing of livestock shall be erected at least 200 feet from any property line, and such buildings devoted to or intended for the housing of rabbits, hares, guinea pigs, ducks, geese, live poultry or fowl of any kind [excluding hens pursuant to § 575-22C(8) herein] shall be erected at least 100 feet from any property line.

No fertilizer shall be stored within a distance of 75 feet of any lot line.

Minimum dimensional standards for a house of worship shall be as follows: one acre minimum lot size; 150-foot minimum lot width; 20% maximum building coverage; 60% maximum impervious coverage; and maximum building height 35 feet, except that steeples, towers or chimneys may extend to a maximum of 50 feet, provided that such steeples, towers or chimneys do not constitute more than 25% of the total roof area(s).

One parking space per four seats.

Parking area to be buffered from all side and rear lot lines by a planted area a minimum of 10 feet within width; no parking is permitted in a required front yard.

Building setbacks for all structures shall be a minimum of 50 feet from all front lot lines, 15 feet from all side lot lines and 30 feet from all rear lot lines, or 1/2 of the building height from each lot line, whichever is greater.

Any facility with maximum capacity of 150 persons or more shall prepare a traffic impact analysis, which analysis shall include proposals for any necessary mitigation measures to be undertaken by the applicant, to the satisfaction of the Planning Commission.

Maximum site-generated light shall not exceed 0.5 footcandle at the property line, and the source of all exterior lighting shall not be visible beyond the property line.

The special permit shall be renewed every two years.

Said home shall not be located within 1,200 feet of any other lot on which another agency group home, agency community residence or boarding, lodging or rooming house or other similar use is located, measured from the midpoint of the front line of any such lot to the nearest point of the lot on which said home is proposed to be located.

Said home shall conform to and be maintained in accordance with the overall character and appearance of the surrounding neighborhood.

Said home shall not erect any sign that identifies or advertises the use or occupancy of the home.

Where residents are permitted to own or operate an automobile, one off-street parking space shall be provided for each resident located at the facility and such parking shall not be located in any part of a front yard or in a required side or rear yard and all such parking shall be screened from adjacent properties. In addition, one parking space shall be provided for each employee while on duty.

Said home shall be registered with the City and the following information shall be filed and kept up to date:

All other requirements of the district with regard to lot size, yards, etc., shall be met.

Said home or residence shall have a maximum occupancy limited to seven minors placed, committed or boarded therein.

Adult supervision shall be provided on a twenty-four-hour basis.

Permitted only in the R-1C District contiguous to the C-2 District.

Permitted only on properties that have frontage on Nelson Avenue, between Main Street and Paulding Street.

Each bed-and-breakfast hotel shall be established, maintained and operated so as to preserve and complement the character and integrity of the surrounding area when the facility is established.

The owner of the bed-and-breakfast hotel must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide an annual sworn statement to the City Clerk certifying to such residency.

Bed-and-breakfast guest rooms shall not be permitted on the first floor of a building. Office space and living quarters for the owner are permitted on the first floor.

The bed-and-breakfast hotel shall have a minimum of two and a maximum of five guest rooms.

The total number of paying adult guests accommodated per night shall not exceed 10. No more than two adult guests are allowed per room. Further, no guest shall stay for a period of time in excess of 14 consecutive days. Documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request.

A site plan and detailed floor plan shall be required as a condition of this special permit.

Parking. The bed-and-breakfast hotel shall provide a minimum of one off-street parking space for the owner/staff, and at least one parking space per guest room.

The residence must be issued a certificate of occupancy from the Building Inspector as a bed-and-breakfast hotel. A fee, consistent with the issuance of a commercial certificate of occupancy, is required.

A smoke detector and carbon monoxide detector are required in each guest room.

The Building Inspector (or designee) shall be given such access to perform annual inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.

A single exterior sign or display may be established on the site of the bed-and-breakfast hotel. Said sign or display shall not exceed eight square feet in area. No freestanding sign shall be located less than 10 feet from the front property line nor less than five feet from the side property line.

A full, hot breakfast must be served in a designated dining area within the bed-and-breakfast hotel, and only to overnight guests. Other meals are not permitted.

Each special permit shall expire on the third anniversary of the issuance of the initial certificate of occupancy from the Building Department. The applicant must apply for a special permit renewal.

The bed-and-breakfast must be in compliance with all applicable federal, state, and local laws.

The Planning Commission shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.

The lot shall have frontage on a state or county roadway and be located within 0.3 mile of a hospital and/or community health centers (as listed on the Westchester County Health Department website).

The lot shall be located within a Residential Zoning District.

The lot shall be a minimum of two acres.

The lot shall be located within 0.3 mile of commercial retail services (as indicated on the City zoning map) and/or social and/or community services for senior citizens.

For the convenience of residents, employees and visitors, and to reduce use of vehicles, the lot shall be located within 500 feet of a bus stop.

Maximum permitted density shall not exceed 15 dwelling units per acre. For senior citizen housing facilities, senior citizen congregate care facilities, nursing homes or assisted living residences without separate cooking facilities, the maximum permitted density shall be equal to 1.5 beds for each dwelling unit permitted, or prorated combination of the above, per acre, subject to the following bonus density credits:

Height may not exceed 60 feet or five stories. Chimneys, flues, towers, bulkheads, spires and other decorative features are exempt and shall not exceed 20% of the roof area.

Building coverage shall not exceed 25% and impervious coverage shall not exceed 50%.

Building setbacks from all property lines for all structures shall be a minimum of 50 feet, except when adjoining a public street or right-of-way the minimum setback shall be 35 feet.

In reviewing a prospective development under this subsection, the Common Council must find that any structure over 35 feet in height shall have no significant adverse effect on views to and from existing residences and to or from public open space, and that the proposed development shall protect community character and pedestrian scale.

One parking space shall be provided for each person employed on the maximum shift, including staff doctors, if any, plus one parking space per four nursing home or assisted living patient-resident beds, plus one parking space per senior housing dwelling unit. The Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Planning Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable time of maximum use by employees, residents and their guests, the provision of shuttle buses or other site-based transportation, or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission.

One loading space shall be provided for the first 100 nursing home or assisted living unit patient-resident beds, per 50 senior housing dwelling units or prorated portions thereof and one additional loading space shall be provided for each additional 100 nursing home or assisted living patient-resident beds, per 50 senior housing dwelling units, prorated portion thereof or major portion thereof. Notwithstanding the foregoing, this requirement may be waived or modified by the Planning Commission.

A vegetative buffer at least 20 feet wide shall be provided along all side and rear lot lines that are adjacent to a residential use. This buffer may be reduced by the Planning Commission where the lot abuts wooded or nonresidential uses or roadways.

The lot shall provide suitably equipped open recreation area(s) at the rate of 200 square feet per dwelling units or 1.5 beds.

No display of goods or signs are visible from the street.

Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with no more than two assistants who do not reside on the premises.

Only customary household appliances and equipment are used.

Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.

Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than two assistants who do not reside on the premises.

Such office or studio shall occupy not more than 30% of the area of one floor of the main building. Studios where instruction is offered to groups in excess of three pupils at one time or where concerts or recitals are held are prohibited.

No part of such pool shall be nearer than the required setback for accessory buildings to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearer to the street. On a corner lot, a pool may project within a distance of one of the bounding streets equal to the required front yard.

Fencing.

Any lighting used in conjunction with such pool shall be directed away from adjoining properties.

Should the owner abandon the pool, he shall arrange to fill in the depression. The Director shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit marked accordingly.

Ground-mounted satellite dish antennas more than two feet and up to 12 feet in diameter may be permitted by special permit of the Planning Commission pursuant to § 575-57 of this chapter, subject to the following criteria:

In any residential zoning district, roof-mounted satellite dishes more than two feet and up to 12 feet in diameter may be permitted subject to site plan approval by the Planning Commission pursuant to § 575-56 of this chapter, subject to the following criteria:

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Permit.

Hens shall be kept for personal use only; no person shall sell eggs or engage in chicken breeding or fertilizer production for commercial purposes. The slaughtering of chickens is prohibited.

Roosters, chicks, and any other type of fowl or poultry are prohibited.

Hens shall not be deemed or considered customary household pets.

The minimum lot size is 6,000 square feet.

No more than four hens are permitted at any one time.

Chicken coops shall only be located in rear yards. For a corner lot where no such rear yard exists, a side yard may be used as long as the setbacks as listed herein are met. In no case may a chicken coop be placed in the front yard.

A chicken coop shall not be located closer than 15 feet to a property line and 25 feet to any residential structure on adjacent property.

Hens shall be housed in a fully enclosed, predator-proof and vermin-proof chicken coop that is thoroughly ventilated, heated during winter months, of sufficient size to admit free movement of the hens, and designed to be easily accessed, cleaned and maintained by the owners. An existing shed or garage cannot be used to house hens.

Hens must be provided with access to feed and clean water at all times. Such feed and other items associated with the keeping of hens shall be secured in vermin proof and predator-proof containers.

Provisions must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All manure not used for composting or fertilizing shall be removed. The chicken coop, pen, and surrounding area must be kept free from trash and accumulated droppings. All waste must be disposed of in a manner that will not cause odor, flies, or attract vermin, and must follow all applicable City, county, and state waste disposal rules and regulations.

Odors from hens, chicken coop, chicken manure, or other chicken-related substances and activities shall not be perceptible at the property boundaries.

Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb a person of reasonable sensitivity and adhere to Chapter 391, Noise, of the City Code.

In the R-1A District, the lot area shall not be less than 7,500 square feet and the lot width not less than 75 feet.

In the R-1B District, the lot area shall not be less than 6,000 square feet and the lot width not less than 60 feet.

In the R-1C District, the lot area shall not be less than 5,000 square feet and the lot width not less than 50 feet.

In the R-1A, R-1B and R-1C Districts, all lots shall have a minimum depth of 100 feet, except that such depth may be decreased to 90 feet if the average depth of the lot equals at least 100 feet.

Front yard. There shall be a front yard along each street line with a depth of not less than 25 feet, except that where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 20 feet of said line.

Side yard.

Rear yard. There shall be a rear yard having a depth of not less than 30 feet.

R-1A District. Accessory buildings may be erected not nearer than 10 feet to a property line. In the case of corner lots, such accessory buildings may be erected not nearer than 10 feet to one side lot line.

R-1B and R-1C Districts. Accessory buildings may be erected not nearer than six feet to a property line. In the case of corner lots, such accessory buildings may be erected not nearer than six feet to one side lot line.

R-1A District. The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the area of the lot.

R-1B and R-1C Districts. The sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.

Minimum lot area of 7,500 square feet.

Minimum lot width of 75 feet.

Minimum off-street parking of four spaces within the lot, and further provided that such parking area shall not reduce any rear yard by more than 50%, and further provided that such parking spaces are adequately screened from adjacent uses.

In the case of a conversion of a single-family structure to a two-family use, that the proposed conversion will not detract from the architectural and historic quality of the structure or of the structure's surrounding neighborhood.

In the case of conversion of a single-family structure to a two-family use, no building additions, new doorways or windows are to be added to or removed from any elevation that faces a public street. Any building additions approved by the Planning Commission in the case of a conversion from a single-family to a two-family use must be adequately screened from adjacent properties.

In the case of a new construction of a two-family structure, the facade of such structure must conform to the existing architectural and historic character of adjacent uses. All such structures must be oriented to face a public street.

Minimum dimensional standards for a house of worship shall be as follows: one acre minimum lot size; 150-foot minimum lot width; 20% maximum building coverage; 60% maximum impervious coverage; and maximum building height of 35 feet, except that steeples, towers or chimneys may extend to a maximum of 50 feet, provided that such steeples, towers or chimneys do not constitute more than 25% of the total roof area(s).

One parking space per four seats.

Parking area to be buffered from all side and rear lot lines by a planted area a minimum of 10 feet in width; no parking is permitted in the required front yard.

Building setbacks for all structures shall be a minimum of 50 feet from all front lot lines, 15 feet from all side lot lines and 30 feet from all rear lot lines, or 1/2 of the building height from each lot line, whichever is greater.

Any facility with maximum capacity of 150 persons or more shall prepare a traffic impact analysis, which analysis shall include proposals for any necessary mitigation measures to be undertaken by the applicant, to the satisfaction of the Planning Commission.

Maximum site-generated light shall not exceed 0.5 footcandle at the property line, and the source of all exterior lighting shall not be visible beyond the property line.

Permitted only in the R-2 District contiguous to the C-2 District.

Permitted only on properties that have frontage on Union Avenue, between 1st Street and Elm Street.

Each bed-and-breakfast hotel shall be established, maintained and operated so as to preserve and complement the character and integrity of the surrounding area when the facility is established.

The owner of the bed-and-breakfast hotel must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide an annual sworn statement to the City Clerk certifying to such residency.

Bed-and-breakfast guest rooms shall not be permitted on the first floor of a building. Office space and living quarters for the owner are permitted on the first floor.

The bed-and-breakfast hotel shall have a minimum of two and a maximum of five guest rooms.

The total number of paying adult guests accommodated per night shall not exceed 10. No more than two adult guests are allowed per room. Further, no guest shall stay for a period of time in excess of 14 consecutive days. Documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request.

A site plan and detailed floor plan shall be required as a condition of this special permit.

Parking. The bed-and-breakfast hotel shall provide a minimum of one off-street parking space for the owner/staff, and at least one parking space per guest room.

The residence must be issued a certificate of occupancy from the Building Inspector as a bed-and-breakfast hotel. A fee, consistent with the issuance of a commercial certificate of occupancy, is required.

A smoke detector and carbon monoxide detector are required in each guest room.

The Building Inspector (or designee) shall be given such access to be given access to perform annual inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.

A single exterior sign or display may be established on the site of the bed-and-breakfast hotel. Said sign or display shall not exceed eight square feet in area. No freestanding sign shall be located less than 10 feet from the front property line nor less than five feet from the side property line.

A full, hot breakfast must be served in a designated dining area within the bed-and-breakfast hotel, and only to overnight guests. Other meals are not permitted.

Each special permit shall expire on the third anniversary of the issuance of the initial certificate of occupancy from the Building Department. The applicant must apply for a special permit renewal.

The bed-and-breakfast must be in compliance with all applicable federal, state, and local laws.

The Planning Commission shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.

The lot shall have frontage on a state or county roadway and be located within 0.3 mile of a hospital and/or community health centers (as listed on the Westchester County Health Department website).

The lot shall be located within the Residential Zoning District.

The lot shall be a minimum of two acres.

The lot shall be located within 0.3 mile of commercial retail services (as indicated on the City zoning map) and/or social and/or community services for senior citizens.

For the convenience of residents, employees and visitors, and to reduce use of vehicles, the lot shall be located within 500 feet of a bus stop.

Maximum permitted density shall not exceed 15 dwelling units per acre. For senior citizen housing facilities, senior citizen congregate care facilities, nursing homes or assisted living residences without separate cooking facilities, the maximum permitted density shall be equal to 1.5 beds for each dwelling unit permitted, or prorated combination of the above, per acre, subject to the following bonus density credits:

Height may not exceed 60 feet or five stories. Chimneys, flues, towers, bulkheads, spires and other decorative features are exempt and shall not exceed 20% of the roof area.

Building coverage shall not exceed 25% and impervious coverage shall not exceed 50%.

Building setbacks from all property lines for all structures shall be a minimum of 50 feet, except when adjoining a public street or right-of-way the minimum setback shall be 35 feet.

In reviewing a prospective development under this subsection, the Common Council must find that any structure over 35 feet in height shall have no significant adverse effect on views to and from existing residences and to or from public open space, and that the proposed development shall protect community character and pedestrian scale.

One parking space shall be provided for each person employed on the maximum shift, including staff doctors, if any, plus one parking space per four nursing home or assisted living patient-resident beds, plus one parking space per senior housing dwelling unit. The Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Planning Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable time of maximum use by employees, residents and their guests, the provision of shuttle buses or other site-based transportation, or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission.

One loading space shall be provided for the first 100 nursing home or assisted living unit patient-resident beds, per 50 senior housing dwelling units or prorated portions thereof and one additional loading space shall be provided for each additional 100 nursing home or assisted living patient-resident beds, per 50 senior housing dwelling units, prorated portion thereof or major portion thereof. Notwithstanding the foregoing, this requirement may be waived or modified by the Planning Commission.

A vegetative buffer at least 20 feet wide shall be provided along all side and rear lot lines that are adjacent to a residential use. This buffer may be reduced by the Planning Commission where the lot abuts wooded or nonresidential uses or roadways.

The lot shall provide suitably equipped open recreation area(s) at the rate of 200 square feet per dwelling units or 1.5 beds.

Minimum lot area of 10,000 square feet.

Minimum lot width of 100 feet.

Minimum off-street parking of six spaces within the lot, and further provided that such parking area shall not reduce any rear yard by more than 50%, and further provided that such parking spaces are adequately screened from adjacent uses.

In the case of a conversion of a single-family structure or a two-family structure to a three-family use, that the proposed conversion will not detract from the architectural and historic quality of the structure or of the structure's surrounding neighborhood.

In the case of conversion of a single-family structure or two-family structure to a three-family use, no building additions, new doorways or windows are to be added to or removed from any elevation that faces a public street. Any building additions approved by the Planning Commission in the case of a conversion from a single-family or two-family to a three-family use must be adequately screened from adjacent properties.

In the case of a new construction of a three-family structure, the facade of such structure must conform to the existing architectural and historic character of adjacent uses. All such structures must be oriented to face a public street.

Minimum dimensional standards for a house of worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot minimum lot width; 20% maximum building coverage; 60% maximum impervious coverage; and maximum building height of 35 feet, except that steeples, towers or chimneys may extend to a maximum of 50 feet, provided that such steeples, towers or chimneys do not constitute more than 25% of the total roof area(s).

One parking space per four seats.

Parking area to be buffered from all side and rear lot lines by a planted area a minimum of 10 feet in width; no parking is permitted in a required front yard.

Building setbacks for all structures shall be a minimum of 50 feet from all front lot lines, 15 feet from all side lot lines and 30 feet from all rear lot lines, or 1/2 of the building height from each lot line, whichever is greater.

Any facility with maximum capacity of 150 persons or more shall prepare a traffic impact analysis, which analysis shall include proposals for any necessary mitigation measures to be undertaken by the applicant, to the satisfaction of the Planning Commission.

Maximum site-generated light shall not exceed 0.5 footcandle at the property line, and the source of all exterior lighting shall not be visible beyond the property line.

Maximum of six children.

One or more of the residents of the principal residential use shall maintain a majority ownership share in the day-care business.

One resident of the principal residential use shall be the operator or an employee of the day-care business with day-to-day responsibilities over said operation.

Not more than two nonresident employees shall be employed on the premises at any one time.

Lot area and width of the subject site must conform to minimum lot area and lot width standards for the district.

The day-care facility's floor area shall be limited to a maximum of 30% of the principal structure's total floor area, and the day-care facility's floor area shall be limited to floors having direct egress to legal open space.

A ten-foot-wide vegetative buffer strip supplemented by a six-foot-tall completely opaque fence shall be provided between property lines and all designated play areas; no designated play area shall be permitted between the front lot line and a plane extending from side lot line to side lot line along the side of the house closest to the front lot line.

The lot shall have frontage on a state or county roadway and be located within 0.3 mile of a hospital and/or community health centers (as listed on the Westchester County Health Department website)

The lot shall be located within a residential zoning district.

The lot shall be a minimum of two acres.

The lot shall be located within 0.3 mile of commercial retail services (as indicated on the City zoning map) and/or social and/or community services for senior citizens.

For the convenience of residents, employees and visitors, and to reduce use of vehicles, the lot shall be located within 500 feet of a bus stop.

Maximum permitted density shall not exceed 15 dwelling units per acre. For senior citizen housing facilities, senior citizen congregate care facilities, nursing homes or assisted living residences without separate cooking facilities, the maximum permitted density shall be equal to 1.5 beds for each dwelling unit permitted, or prorated combination of the above, per acre, subject to the following bonus density credits:

Height may not exceed 60 feet or five stories. Chimneys, flues, towers, bulkheads, spires and other decorative features are exempt and shall not exceed 20% of the roof area.

Building coverage shall not exceed 25% and impervious coverage shall not exceed 50%.

Building setbacks from all property lines for all structures shall be a minimum of 50 feet, except when adjoining a public street or right-of-way the minimum setback shall be 35 feet.

In reviewing a prospective development under this subsection, the Common Council must find that any structure over 35 feet in height shall have no significant adverse effect on views to and from existing residences and to or from public open space, and that the proposed development shall protect community character and pedestrian scale.

One parking space shall be provided for each person employed on the maximum shift, including staff doctors, if any, plus one parking space per four nursing home or assisted living patient-resident beds, plus one parking space per senior housing dwelling unit. The Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Planning Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable time of maximum use by employees, residents and their guests, the provision of shuttle buses or other site-based transportation, or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission.

One loading space shall be provided for the first 100 nursing home or assisted living unit patient-resident beds, per 50 Senior Housing Dwelling Units or prorated portions thereof and one additional loading space shall be provided for each additional 100 nursing home or assisted living patient-resident beds, per 50 senior housing dwelling units, prorated portion thereof or major portion thereof. Notwithstanding the foregoing, this requirement may be waived or modified by the Planning Commission.

A vegetative buffer at least 20 feet wide shall be provided along all side and rear lot lines that are adjacent to a residential use. This buffer may be reduced by the Planning Commission where the lot abuts wooded or nonresidential uses or roadways.

The lot shall provide suitably equipped open recreation area(s) at the rate of 200 square feet per dwelling unit or 1.5 beds.

Not more than one professional office or studio, other than accessory to a use otherwise permitted, shall be permitted for each 25 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor of any building and on the floor immediately above the street floor only if there is access to such office or studio from other than a public hall.

There shall be a minimum parcel of 10,000 square feet.

The minimum dimensions of a lot or parcel upon which a townhouse can be built shall be 16 feet wide and 80 feet deep.

The maximum number of townhouses per acre shall be eight.

No townhouse shall contain an aggregate floor area of greater than 1,800 square feet.

A minimum side yard of 20 feet shall be required between groups of townhouses or between groups of townhouses and the nearest property line.

Front and rear yards may be varied by up to 25% in order to increase flexibility in design of the development.

Housing, congregate care, assisted living residences and nursing home facilities for senior citizens:

Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:

Cemeteries, including extensions of existing cemeteries.

Nursery school, kindergarten, elementary school, junior high school or high school, subject to compliance with the following standards:

Family day-care homes and group family day-care homes as an accessory use to a permitted principal residential use, subject to the following additional standards and requirements:

Public utility installations, in accordance with § 575-24C(3).

Buildings exclusively used and occupied by community volunteer ambulance corps for the purpose for which organized and which corps is incorporated under the laws of the State of New York.

Agency group home, in accordance with § 575-22B(5).

Two-family structures, subject to all conditions and criteria as in § 575-23B(1).

Three-family structures, subject to all conditions and criteria as in § 575-24B(2).

Front yard. There shall be a front yard with a minimum depth of 30 feet, except that where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 25 feet of said line.

Side yard. There shall be a side yard with a minimum width of 20 feet.

Rear yard. There shall be a rear yard with a minimum depth of 30 feet.

Housing, congregate care, assisted living residences and nursing home facilities for senior citizens:

Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:

Nursery school, kindergarten, elementary school, junior high school or high school, subject to compliance with the following standards:

Family day-care homes and group family day-care homes as an accessory use to a permitted principal residential use, subject to the following additional standards and requirements:

Cemeteries, including extensions of existing cemeteries.

Public utility installations, in accordance with § 575-24C(3).

Buildings exclusively used and occupied by community volunteer ambulance corps for the purpose for which organized and which corps is incorporated under the laws of the State of New York.

Two-family structures, subject to all conditions and criteria as in § 575-23B(1).

Three-family structures, subject to all conditions and criteria as in § 575-24B(2).

Twenty percent as an allowance for rights-of-way.

Existing and proposed bodies of water, including streams, ponds and swamps.

Rock outcroppings of more than 200 square feet each.

Areas with more than twenty-percent slope.

Front yard. There shall be a front yard with a minimum depth of 25 feet, except that where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 20 feet of said line.

Side yard. There shall be a side yard with a minimum width equal to 1/2 of the height of the wall or walls of any building which faces the side lot line, but in no case less than 12 feet.

Rear yard. There shall be a rear yard with a minimum depth of 30 feet.

Housing, congregate care, assisted living residences and nursing home facilities for senior citizens:

Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:

Nursery school, kindergarten school and/or standard elementary school, junior high school or high school, subject to compliance with the following standards:

Family day-care homes and group family day-care homes as an accessory use to a permitted principal residential use, subject to the following additional standards and requirements:

Cemeteries, including extensions of existing cemeteries.

Public utility installations, in accordance with § 575-24C(3).

Buildings exclusively used and occupied by community volunteer ambulance corps for the purpose for which organized and which corps is incorporated under the laws of the State of New York.

Bonus density: affordable townhouse developments.

Two-family structures, subject to all conditions and criteria as in § 575-23B(1).

Three-family structures, subject to all conditions and criteria as in § 575-24B(2).

No restaurant shall have less than 1,000 square feet of patron service area.

No drive-in, curb-service or window-service restaurant shall be permitted.

Restaurants or offices shall be accessible by other than the public hall leading to the residential portion of the building.

The total floor area occupied by uses other than dwelling units shall not exceed 1/3 of the total floor area of each structure.

Front yard. There shall be a front yard with a minimum depth of 25 feet or 1/3 the height of any wall of any building fronting thereon, whichever is the greater number.

Side yard. No building up to 36 feet in height shall be erected nearer to any side lot line than a distance equal to 1/2 the height of the wall or walls of such building which face(s) the side lot line, but in no case nearer than 12 feet to such lot line. No building with a height in excess of 36 feet shall be erected nearer to any side lot line than a distance of 25 feet plus 1/4 the height of the wall or walls which face(s) such a line.

Rear yard. There shall be a rear yard with a minimum depth of 30 feet or 1/3 the height of the structure, whichever is greater.

Front yard. There shall be a front yard along each street line with a depth of not less than 25 feet, except that where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 20 feet of said line.

Side yard. There shall be a side yard along each lot line with a width of not less than 10 feet, except that in the case of a dwelling erected without a garage, one side yard shall be not less than 22 feet wide. In the case of corner lots (all of which are deemed to have two front yards, two side yards and no rear yard), one side yard shall be not less than 30 feet wide and the other not less than 10 feet wide, except that in the case of a dwelling erected without a garage, the lesser side yard shall be not less than 22 feet wide. Where the planes of all walls of a building facing a side lot line intersect such line at a minimum angle of 25° or more, such building may project within eight feet of said lot line.

Rear yard. There shall be a rear yard having a depth of not less than 50 feet.

Dwelling units of all types: single-family detached, semidetached, attached, either in clustered or conventional layouts, and garden and mid-rise apartments.

Professional office uses where such uses are scaled primarily to serve the residents of the district.

Public and quasi-public, institutional and recreational uses, including passive and active recreation and conservation areas.

Adaptive reuse of existing historic or landmark buildings by a use and in a manner approved by the Common Council.

Amenities intended for use by residents of a proposed development and/or residents of surrounding areas.

The applicant must submit a traffic analysis which indicates that the proposed development will generate peak hour traffic flows which can be handled by the existing street system and/or proposed improvements to the street system at satisfactory levels of service.

Minor streets outside the planned residential development shall not be used for site access, except where necessary to provide primary means of vehicular access to the Planned Residential Development District, and where street and/or sidewalk improvements are planned that accommodate the proposed level of use, consistent with the health, safety and welfare of the occupants within the Planned Residential Development District.

The applicant must submit an engineer's report which certifies that existing systems, together with improvements to be constructed in conjunction with the development, will have sufficient capacity to provide the following:

The City school district must have sufficient capacity to absorb the projected population of the proposed development.

Except as provided in Subsection E(4)(e) below, parcel density shall not exceed nine dwelling units per net parcel acreage.

For purposes for computing net parcel acreage, the following areas are to be excluded from the gross area of the development:

For purposes of computing maximum parcel density, the net parcel area shall be divided by 4,840 square feet.

Landscaped open spaces, or open areas left substantially in their natural state, shall be provided at a ratio of not less than 1,000 square feet of usable open space for every dwelling unit. The Planning Commission may require that as much as 15% of the total gross acreage of such open space be provided in the form of equipped recreation areas.

When dealing with the adaptive reuse of preexisting historic or landmark buildings for residential purposes pursuant to § 575-28E(2)(c), limited to the existing confines of such preexisting historic or landmark building, density shall be determined in accordance with plans approved by the Common Council as part of the special permit process in accordance with § 575-28E(10), provided, however, that for newly constructed units within the confines of such historic or landmark building, the minimum dwelling unit floor area shall be 600 square feet and the average floor area for all newly constructed units within the confines of such historic or landmark building shall be not less than 750 square feet. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the Common Council that the plans for the adaptive reuse of the preexisting historic or landmark building, including necessary infrastructure, amenities and parking, are adequate for such requested density and further the goals of this district as provided for in § 575-28A(4) above.

Subject to the limitations detailed in Subsection E(5)(b) and (c) below, unit densities may be increased where an offer to dedicate a portion of land deemed acceptable to the Common Council for municipal purposes is made. The Common Council reserves the right not to accept all or a portion of such proposed dedications.

Lands suitable for dedication. The land to be dedicated must have direct access to a usable public right-of-way, or a means of motorized vehicular access acceptable to the Common Council. Additionally, such lands must have one or more of the following attributes:

Density increases. Pursuant to the Common Council's acceptance of lands for dedication to the City, unit densities may be increased by an amount not to exceed one unit per gross parcel acreage, which is to include the land that has been dedicated.

Spaces for the parking of passenger automobiles shall be minimally provided as follows:

Parking requirements for uses not listed shall be determined by the Planning Commission as appropriate to prevent frequent parking on the street by persons visiting or connected with each such use.

One off-street loading space shall be provided for each 20,000 square feet or major fraction thereof of nonresidential space in buildings, exclusive of bulk storage and utility areas.

Natural features, such as streams, rock outcroppings, topsoil, trees and shrubs, shall be preserved and incorporated in the landscaping of the development.

The proposed development must meet the following performance standards for buffer yards along district boundaries:

The standards set forth in the table below shall be used as design densities for various housing types:

All electrical, telephone, cable television and similar equipment shall be installed underground in accordance with the New York State Public Service Commission regulations.

Lot sizes and dimensions and structure height and locations thereon may be freely disposed and arranged in conformity with the overall density standards set forth herein. In reviewing any site plan application for a planned residential development, the Planning Commission shall be guided by standards set forth elsewhere in this chapter and the Land Use Plan for comparable uses. The height of buildings in relation to proposed grades must allow for Fire Department and emergency access.

The right-of-way and pavement widths for internal roads serving multifamily dwellings shall be sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and access by fire-fighting equipment and police or emergency vehicles. The pavement of said roads shall be not less than 24 feet wide. All streets to be dedicated shall be subject to all other applicable City ordinances and standards.

The developer shall provide all necessary on-site water and sewer facilities, storm drainage, paved service streets, curbing, sidewalks, parking and loading facilities, lighting, fire alarm and other necessary support systems, which shall be connected to public utility systems at the nearest feasible point, and other necessary facilities, making reasonable provision for utility service or connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to revision and approval by the appropriate authorities. The City shall not be obligated to extend existing systems to accommodate the developer.

Energy conservation shall be encouraged through the use of southern slopes, where feasible, for passive solar access.

Any nonresidential or recreational uses within the planned residential development must be located so as to be compatible with nearby residential uses. Such uses, including parking and loading areas, must be adequately screened and buffered where adjacent to residential development.

The applicant shall submit a preliminary site plan map at a minimum scale of one inch equals 30 feet to the Director of Planning. The preliminary site plan, which shall be accompanied by a special permit application, shall clearly show the following:

The Director of Planning shall review the preliminary site plan and all related documents and within 30 days of its submission shall certify as to whether the application is complete and whether the proposal meets all the general requirements herein. If the application is not complete or does not meet these general requirements, it shall be returned to the applicant with deficiencies noted.

Following certification as outlined in Subsection E(10)(b) above, the Director of Planning shall forward the application to the Common Council. The Common Council shall refer the application to the Planning Commission for a recommendation on the special permit and review of the preliminary plan.

After receiving preliminary review from the Planning Commission on a preliminary site plan and following authorization of a special permit by the Common Council to use the subject property as a planned residential development, the applicant shall prepare a final detailed site plan and, where appropriate, a plat, and submit it to the Planning Commission for final approval in accordance with the procedure outlined in § 575-56 herein or the Land Subdivision Regulations.[1]

Waiver. The Planning Commission may waive or vary the requirements set out in Subsection E(7) through (9) upon a finding that the modification, as applied to a specific application, would further public purposes to an equivalent or greater degree and would accord with the general provisions of the Land Use Plan, this chapter and the Land Subdivision Regulations where applicable. A public hearing shall be held by the Planning Commission before effecting a modification or waiver in accordance with this subsection. A notice of said hearing shall be published in the official newspaper at least five days prior to the hearing.

Twenty percent as an allowance for rights-of-way (determined by calculating an average right-of-way consumption in sample R-1 and R-2 areas; see Appendix I[1]), or where more than 50% of the proposed site will be recorded as conservation land or dedicated to the City on parcels of three or more acres, the actual area devoted to rights-of-way and accessways is to be excluded from the gross area in computing net parcel acreage.

Bodies of water, including streams, ponds and swamps.

Rock outcroppings of more than 200 square feet each.

Areas with more than a twenty-percent slope, or on parcels of three or more acres, areas with more than a twenty-five-percent slope.

The property owners' association shall be a legal entity authorized by the laws of the State of New York. It shall be created by a trust agreement or certificate of incorporation, approved as to form and sufficiency by the Corporation Counsel and designed to assure the permanent preservation and protection of the common lands and any improvements thereon for their intended purposes. The association shall be established prior to obtaining a building permit.

The property owners' association shall be responsible for the continued future maintenance, ownership and use of all such common lands and facilities.

The property owners' association shall be perpetual and shall not dispose of any common land or any improvements thereon or thereunder, by sale or otherwise, except to a successor organization.

The instrument establishing the association shall provide notice that in the event it or any successor organization shall at any time after approval of the development fail to maintain the common land or any improvements thereon in accordance with the approved plan, the City Manager may serve certified or personal notice upon such legal entity or successor organization and upon the property owners as recorded on the assessment rolls within the development, setting forth the manner in which the association has failed to maintain the common land or any improvements thereon, and said notice shall include a demand that such deficiencies be corrected within 60 days. The City Manager may, upon application and for good cause, extend said period for additional sixty-day periods. If the deficiencies are not so corrected, the City Manager, in order to preserve the taxable values of the property within the development and to prevent the common land and improvements thereon from becoming a public nuisance, may direct that the City enter upon and take possession of said common land and improvements and maintain the same until such time as the Common Council shall determine that the property owners' association is ready and able to maintain the common land and improvements in proper condition. Said entry and maintenance shall not vest in the public any rights to use the common land or improvements. The decision of the City Manager with respect to the action described in this subsection shall constitute a final administrative decision subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. The cost to the City of any such maintenance shall be assessed against the properties within the cluster development affected, and in the event of the failure or refusal of any property owner to pay any such charges when levied, the unpaid amount thereof shall become a lien against the property and, together with interest, allowed by state law from the due date thereof, shall be included in the following annual tax levy of the City upon such property for the following fiscal year, and the amount so levied shall be collected in the same manner as other City taxes.

The property owners' association agreement shall require that every property owner within the cluster development shall automatically be and become a member of the association and shall be subject to a charge for a proportionate share of expenses of the association's activities, including but not limited to the maintenance and operation of the common land and improvements thereon.