Peekskill City Zoning Code
ARTICLE VI
Industrial Districts
§ 575-36 Intent.
The industrial districts established in this chapter are designed to promote and protect public health, safety, general welfare and the City's economy. These general goals include, among others, the following specific purposes:
A.
To provide sufficient space in appropriate locations to meet the needs of the City's expected future economy for all types of industrial and related activities, with due allowance for the need for a choice of sites.
B.
To provide, as far as possible, that such space will be available for use for industrial and related activities, and to protect residences by separating them from permitted activities and by prohibiting the use of such space for new residential development.
C.
To encourage industrial development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, by permitting such development in areas where this chapter restricts the emission of such nuisances without regard to the industrial products and processes involved.
D.
To protect adjacent residential and commercial areas, and to protect the labor force in other establishments engaged in less offensive types of manufacturing and related activities, by restricting those manufacturing activities which involve danger of fire, explosions, toxic and noxious matter, radiation and other hazards, or create offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, to those limited areas which are appropriate therefor.
E.
To protect industrial and related development against congestion, as far as is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land around them and to one another and by providing space off public streets for parking and loading facilities associated with such activities.
F.
To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of industrial and related development, to strengthen the economic base of the City, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the City's tax revenues.
§ 575-37 Purposes of specific manufacturing districts.
[Amended 8-16-1982]
A.
Light Industrial M-1 Districts. These districts are designed for a wide range of industrial and related uses which can conform to a high level of performance standards. Manufacturing establishments of this type, with completely enclosed buildings, provide a buffer between residence or commercial districts and other industrial uses which involve more objectionable influences. New residential development is excluded from these districts, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development.
B.
General Industrial M-2 Districts. These districts are designed for industrial and related activities which can meet a medium level of performance standards and which involve a heavy dependence on trucks. No new residences or community facilities are permitted, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development.
[Amended 7-14-1986]
C.
Industrial Park M-3 Districts. These districts are designed to accommodate a range of industrial, office and research facilities in a planned or more open setting. No new residences or community facilities are permitted, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development.
§ 575-38 M-1 Light-Industrial District. [1]
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 9-26-1995]
A.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
B.
Special permit uses. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(1)
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a)
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(2)
Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall not be permitted within 300 feet of any lot located within a residential district, or a lot supporting a house of worship or a school use.
(c)
Visual and noise buffering shall be provided to the satisfaction of the Planning Commission. Such buffering shall include a minimum of a twenty-foot-wide perimeter vegetative buffer along all side and rear lot lines, but may include additional vegetative buffering, fencing, earthen berms, other materials or some combination thereof as determined necessary by the Planning Commission to mitigate off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed 2.0 footcandles at any property line abutting a C, M or WF District and shall not exceed 0.5 footcandle at any property line abutting a residential district, and the source of all exterior lighting shall not be visible beyond the property line.
(e)
The applicant 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.
(3)
Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between all parking areas and all side and rear lot lines.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(4)
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials must be submitted as part of application:
[7]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(5)
Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(a)
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b)
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c)
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d)
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e)
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f)
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g)
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h)
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i)
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j)
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1]
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k)
Distancing from other tattoo studios.
[1]
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2]
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studios or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studios, whichever is greater.
(l)
Renewal of special permits. All special permits for tattoo studios shall be subject to renewal every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special permit, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of the next prior issuance or renewal of the special permit.
C.
Accessory uses shall be the same as permitted and regulated in the C-1 District.
D.
All uses, whether principal uses or accessory uses, other than off-street parking and outdoor storage, shall be carried on in buildings fully enclosed on all sides.
[Amended 2-22-2021 by L.L. No. 1-2021]
E.
Lot and building requirements shall be as follows:
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot frontage: none.
(3)
Minimum lot depth: none.
(4)
Yards. No building or part thereof shall be erected nearer than 30 feet to any street line or nearer than 25 feet to any property line other than a street line, nor shall any building or part thereof be erected nearer to any residence district boundary than 100 feet.
(5)
Height.
(a)
Except as provided hereinafter, no part of any building shall be erected to a height greater than 48 feet. Where a lot has frontage on two or more streets or other public ways, if related to the curb level the height limitation shall apply only as measured from such level along the street or way with a higher elevation above sea level.
(b)
When penthouses, bulkheads, etc., are over 12 feet high or cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the sidewall when required by the plan of the building.
(6)
Maximum coverage of all buildings: 40%.
(7)
Maximum floor area ratio: 0.8.
F.
Location of accessory buildings on lots. Accessory buildings may be erected not closer than 25 feet to a rear property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 70 feet.
G.
Off-street parking and loading. Off-street parking and loading requirements shall be the same as for the General Commercial C-3 District (§ 575-34H and I) plus the following:
Use | Required Spaces | |
|---|---|---|
Amusement center | Parking shall be provided based upon the greater of the following: 1 per 200 square feet of gross floor area within enclosed structures plus 1 for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity; or the sum of the following: 10 parking spaces per athletic field, rink, court or arena or 1 parking space per 4 seats (2 linear feet of bench area equals 1 seat) in each athletic field, rink or arena, plus 2 parking spaces per pool table, plus 2 parking spaces per batting cage, plus 3 parking spaces per bowling alley, plus 1.5 parking spaces per golf driving range tee, plus 1.5 parking spaces per miniature golf hole, plus 4 spaces per racquet court, plus 1 parking space per 2 seats associated with any ancillary food service provided on site, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above | |
Hotel | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 1 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission | |
LEED certified hotel and motel [Added 4-14-2008 by L.L. No. 5-2008] | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 0.50 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission |
§ 575-39 M-2 General Industrial District. [1]
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 7-20-1992; 7-26-1993; 9-26-1995]
A.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
B.
Special permit uses. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(1)
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a)
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(2)
Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall not be permitted within 300 feet of any lot located within a residential district, a house of worship or a school.
(c)
Visual and noise buffering shall be provided to the satisfaction of the Planning Commission. Such buffering shall include a minimum of a twenty-foot-wide perimeter vegetative buffer along all side and rear lot lines, but may include additional vegetative buffering, fencing, earthen berms, other materials or some combination thereof, as determined necessary by the Planning Commission to mitigate off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed 2.0 footcandles at the property line, and the source of all exterior lighting shall not be visible beyond the property line.
(e)
The applicant 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.
(3)
Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between all parking areas and all side and rear lot lines.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(4)
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials must be submitted as part of application:
[7]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(5)
Adult uses, subject to the following conditions:
(a)
No adult use shall be permitted:
[1]
Within 1,000 feet of any other lot containing an adult use.
[2]
Within 500 feet of any lot on which is located a church, school, nursing home, hospital, City office, railroad station and related parking facilities.
[3]
Within 750 feet of a park or parkland.
[4]
Within 250 feet of a residentially zoned district in the City of Peekskill or an adjacent municipality.
(b)
The distance limitations in Subsection B(5)(a) above shall be measured in a straight line, without regard for intervening structures, from the nearest point of any lot or district line listed in Subsection B(5)(a) to the nearest point of a building containing an adult use.[2]
[2]
Editor's Note: Throughout this chapter, the term "adult entertainment use" was amended to "adult use" 5-14-2007 by L.L. No. 3-2007.
(c)
No more than one adult use shall be permitted on any lot.
(d)
The proposed use shall meet all other requirements of this chapter, and other ordinances and local laws of the City of Peekskill, and all other requirements and laws of Westchester County, New York State, and the United States of America.
(e)
It shall be a condition of any special permit issued for an adult use that no person under the age of 18 years shall be permitted into the premises.
(f)
The Common Council may impose such terms and conditions upon the issuance of the special permit required hereunder as it deems appropriate to further the aims of this subsection, including, but not limited to, restrictions on advertising, outdoor displays and the location of merchandise.
(g)
Prior to the commencement of any adult use or upon transfer of ownership or control, the premises must be inspected and found to be in compliance with the New York State Uniform Building and Fire Prevention Code and all other laws, rules and regulations within the jurisdiction of the Director of Public Works and other code enforcement officials.
[Amended 6-24-2019 by L.L. No. 3-2019]
(7)
Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(a)
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b)
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c)
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d)
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e)
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f)
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g)
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h)
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i)
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j)
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1]
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k)
Distancing from other tattoo studios.
[1]
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2]
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studios or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studios, whichever is greater.
(l)
Renewal of special permits. All special permits for tattoo studios shall be subject to renewal every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special permit, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of prior issuance or renewal of the special permit.
C.
D.
All uses, whether principal uses or accessory uses, other than off-street parking and outdoor storage, shall be carried on in buildings fully enclosed on all sides. Accessory open storage, temporary or otherwise, shall at all times be fully screened from all adjacent properties and all adjacent roads, streets and highways.
[Amended 2-22-2021 by L.L. No. 1-2021]
E.
Lot and building requirements shall be as follows:
(1)
Minimum lot area: one acre.
(2)
Minimum frontage: none.
(3)
Minimum depth: none.
(4)
Yards. No building or part thereof shall be erected nearer than 30 feet to any street line. Except as provided hereinafter, no side or rear yard is required, but, if provided, such yard shall have a minimum dimension of six feet. Where a rear or side yard abuts a residence district boundary, no building shall be erected within 100 feet of such boundary.
(5)
Height.
(a)
Except as provided hereinafter, no part of any building shall be erected to a height greater than 48 feet. Where a lot has frontage on two or more streets or other public ways, if related to the curb level the height limitation shall apply only as measured from such level along the street or way with a higher elevation above sea level.
(b)
When penthouses, bulkheads, etc., are over 12 feet high or cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the sidewall when required by the plan of the building.
(6)
Maximum coverage: 60%.
(7)
Maximum floor area ratio: 1.2.
F.
Location of accessory buildings on lots. Accessory buildings may be erected not closer than 10 feet to a rear property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 30 feet.
G.
Off-street parking and loading. Off-street parking and loading requirements shall be the same as for the General Commercial C-3 District,[4] with the following amendment:
Use | Parking Requirement (spaces) | |
|---|---|---|
Automobile repair facilities for light or heavy vehicles, minor repairs, major repairs, auto body and paint shops | 1 for each employee on the maximum shift, plus 2 for each service bay, plus 1 for each vehicle used in the operation of the facility | |
Adult use | As otherwise required for each use type (i.e., retail, restaurant, theater, etc.) | |
Amusement center | Parking shall be provided based upon the greater of the following: 1 per 200 square feet of gross floor area within enclosed structures plus 1 for every 3 persons that the outdoor facilities are designed to accommodate when used to the maximum capacity; or the sum of the following: 10 parking spaces per athletic field, rink, court or arena or 1 parking space per 4 seats (2 linear feet of bench area equals 1 seat) in each athletic field, rink or arena, plus 2 parking spaces per pool table, plus 2 parking spaces per batting cage, plus 3 parking spaces per bowling alley, plus 1.5 parking spaces per golf driving range tee, plus 1.5 parking spaces per miniature golf hole, plus 4 spaces per racquet court, plus 1 parking space per 2 seats associated with any ancillary food service provided on site, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above | |
Hotel | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 1 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission | |
LEED Certified hotel and motel [Added 4-14-2008 by L.L. No. 5-2008] | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 0.50 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission |
§ 575-40 M-2A Design Industrial District. [1]
[Amended 9-8-1997]
A.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the uses listed in this section, The permitted uses shall require approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein. For all permitted uses, the Design Guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals.[2] In review of site plans, the Planning Commission shall make a finding of consistency with the Design Guidelines. No site plan shall be approved unless such a finding is made.
(1)
Car wash.
(2)
Warehouse and distribution activities, but excluding secondhand lumber and junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.
(3)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing or storage of products or materials, regardless of where offered for sale, provided that only oil, gas or electricity is used as fuel.
(4)
Printing businesses, regardless of where the product is offered for sale.
(5)
Auto repair facilities for minor and major repairs and auto body and paint shops in conformance with § 575-10.
(7)
Business, professional or governmental offices.
[2]
Editor's Note: The Design Guidelines for the M-2A District are included at the end of this chapter.
B.
Special permit uses. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein. For all special permit uses in the M-2A District, the Design Guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals. In reviewing special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the Design Guidelines. No special permit shall be granted pursuant to this section unless the Common Council shall have made an affirmative finding that the project is consistent with the Design Guidelines to the maximum extent possible.
[Added 9-25-2006 by L.L. No. 7-2006; amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(1)
Construction businesses which require the storage of heavy equipment such as backhoes or front-end loaders or outdoor storage of heavy motor vehicles as defined in these regulations as well as construction businesses where materials are stored only.
(2)
Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot sea shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows:
[a]
A twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines.
[b]
A ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between all parking areas and all side and rear lot lines.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(3)
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials must be submitted as part of application:
[7]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(4)
Adult uses, subject to the following conditions:
(a)
No adult use shall be permitted:
[1]
Within 1,000 feet of any other lot containing an adult use.
[2]
Within 500 feet of any lot on which is located a church, school, nursing home, hospital, City office or railroad station and related parking facilities.
[3]
Within 750 feet of a park or parkland.
[4]
Within 250 feet of a residentially zoned district in the City of Peekskill or an adjacent municipality.
(c)
No more than one adult use shall be permitted on any lot.
(d)
The proposed use shall meet all other requirements of this chapter and other ordinances and local laws of the City of Peekskill and all other requirements and laws of Westchester County, New York State and the United States of America
(e)
It shall be a condition of any special permit issued for an adult use that no person under the age of 18 years shall be permitted into the premises.
(f)
The Common Council may impose such terms and conditions upon the issuance of the special permit required hereunder as it deems appropriate to further the aims of this subsection, including but not limited to restrictions on advertising, outdoor displays and the location of merchandise.
(g)
Prior to the commencement of any adult use or upon transfer of ownership or control, the premises must be inspected and found to be in compliance with the New York State Uniform Building and Fire Prevention Code and all other laws, rules and regulations within the jurisdiction of the Director of Public Works and other code enforcement officials.
[Amended 6-24-2019 by L.L. No. 3-2019]
(5)
[3]Storage and sales of building materials.
(a)
No more than 5% of the facility shall consist of outdoor storage.
(b)
All outdoor storage shall be covered, with the exception of Subsection B(5)(d) below.
[Amended 2-22-2021 by L.L. No. 1-2021]
(c)
No outdoor storage shall result in detectable odors beyond the property line, nor shall it result in any windborne dust, material or particulate matter that can be disseminated beyond the perimeter of the site.
(d)
Temporary uncovered outdoor storage is permitted, provided it does not exceed the percentage established in Subsection B(5)(a) above, and that it shall not exceed a duration of 10 business days, that it shall be stacked and stored in a neat and safe fashion, and that it shall be permitted only in areas of the site where it does not result in adverse visual impacts.
[Amended 2-22-2021 by L.L. No. 1-2021]
(e)
Where any "storage and sales of building materials" use is located within 50 feet of a C-1 Shopping Center District, C-1A Shopping Center District, Limited C-2 Central Commercial District, C-3 General Commercial District or C-4 Neighborhood Commercial District, or within 100 feet of any residence district, there shall be erected a solid fence six feet in height along the property line abutting such district and there shall be planted on the residential or commercial side of the fence evergreen plantings four to five feet in height planted six feet on center.
[3]
Editor’s Note: Former Subsection B(5), which pertained to recycling facilities, was repealed 12-23-2013 by L.L. No. 4-2013. This local law also provided for the redesignation of former Subsection B(6) and B(7) as Subsection B(5) and B(6), respectively.
(6)
Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(a)
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b)
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c)
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d)
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e)
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f)
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g)
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h)
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i)
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j)
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1]
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k)
Distancing from other tattoo studios.
[1]
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2]
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studios or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studios, whichever is greater.
(l)
Renewal of special permits. All special permits for tattoo studios shall be subject to renewal every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special permit, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of prior issuance or renewal of the special permit.
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading. All vehicles must have a valid registration and shall be parked on an area paved with an impervious material and screened in accordance with the Design Guidelines.
(2)
Enclosed and outdoor storage.
[Amended 2-22-2021 by L.L. No. 1-2021]
(3)
Fences which shall not exceed a height of 6 1/2 feet. The Planning Commission may waive this height limitation as long as such fences would not result in the obstruction of views as described in the Design Guidelines.
(5)
Satellite dish antennas, subject to all the requirements set forth in § 575-22C(7).
(6)
Trucking terminals and freight stations on sites with direct access to rail spurs.
(7)
Storage.
(a)
Storage, whether indoors or in the open, shall only be permitted where such storage is accessory and secondary to the principal permitted use of the property or a contiguous property or a property located within the M-2A District under the same ownership. Such storage shall comply with the standards set forth in Subsection D of § 575-40.
(b)
All outside storage of material as defined by these regulations shall be fully screened from any street, highway, residential district and the Hudson River and shall be contained within bins or pallets located on paved area. No material shall be stored at a height greater than 50% of the height of the principal building for said use or 24 feet, whichever is less. The area covered by such storage shall not exceed 25% of the area of building coverage of buildings and covered structures for the use to which the outside storage is accessory. For purposes of computation of height and coverage area for outside storage, the building(s) utilized for said computation shall be located on the same lot, a contiguous lot or a lot located within the M-2A District under the same ownership. Outside storage, utilizing the aforementioned computation method, and which shall not exceed 25% of the area of building coverage of buildings and covered structures for the use to which the outside storage is accessory, may be placed on a contiguous lot or a lot located within the M-2A District under the same ownership. A separate paved area for temporary storage of vehicles to be dismantled will be required.
(8)
Day-care centers and school-age child care, subject to the following conditions:
(a)
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
D.
All uses, whether principal uses or accessory uses, other than off-street parking and outdoor storage and storage and sales of building materials, shall be carried on in roofed buildings fully enclosed on all sides. The processing, mixing, grinding, preparation, indoor storage, and the loading for transport of all materials shall be carried on in roofed buildings fully enclosed on all sides except as may be permitted under a special permit issued pursuant to § 575-40B. Accessory outdoor storage pursuant to a special permit, temporary or otherwise, shall at all times be fully screened from all adjacent properties and all adjacent roads, streets, highways and residential areas in accordance with the Design Guidelines.
[Amended 9-15-2003 by L.L. No. 10-2003; 2-22-2021 by L.L. No. 1-2021]
E.
Lot and building requirements shall be as follows:
(1)
Minimum lot area: one acre.
(2)
Minimum frontage: none.
(3)
Minimum depth: none.
(4)
Yards. No building or part thereof shall be erected nearer than 50 feet to any street line. Side or rear yards shall have a minimum dimension of 10 feet.
(5)
Height. No part of any building shall be erected to a height greater than 48 feet. Where a lot has frontage on two or more streets, the height limitation shall apply only as measured from such level along the street or way with a higher elevation above sea level. Furthermore, no part of any building shall be erected to a height which violates the view corridors as described in the Design Guidelines.
(6)
Maximum coverage of all buildings: 60%.
(7)
Maximum floor area ratio: 1.2.
F.
Location of accessory buildings on lots. Accessory buildings must fully comply with the lot and building requirements of § 575-40E.
G.
Off-street parking and loading. Off-street parking and loading requirements shall be the same as for the General Commercial C-3 District with the following amendment:[5]
Use | Parking Requirements (spaces) |
|---|---|
Automobile repair facilities for light or heavy vehicles, minor repairs, major repairs, auto body and paint shops | 1 for each employee on the maximum shift, plus 2 for each service bay, plus 1 for each vehicle used in the operation of the facility |
Adult use | As otherwise required for each use type (i.e., retail, restaurant, theater, etc.) |
Hotel | 1 per room, plus 2 for the live-in manager- caretaker (if any), plus 1 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above. The Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission |
LEED certified hotel and motel [Added 4-14-2008 by L.L. No. 5-2008] | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 0.50 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 100 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission |
Manufacturing [includes recycling per Subsection B(4)] | 1 space per 500 square feet of gross floor area or 1 space per employee on the largest shift, whichever is larger |
§ 575-40.1 M-2B Design Industrial District.
[Added 12-14-2015 by L.L. No. 12-2015; amended 11-23-2020 by L.L. No. 3-2020]
A.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose except the uses listed in this section. The permitted uses shall require approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein. For all permitted uses, the design guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals. In review of site plans, the Planning Commission shall make a finding of consistency with the design guidelines. No site plan shall be approved unless such a finding is made.
(1)
All uses permitted in the M-2A District.
(2)
Restaurants and carry-out restaurants.
(3)
Retail stores, not to exceed a gross floor area of 100,000 square feet.
(4)
Business, professional or governmental offices and schools.
(5)
Personal services, including dry-cleaning stores solely for pickup and delivery, and provided that no dry cleaning may be performed on the property.
(6)
Dance studios, martial arts studios, health clubs, gyms, and similar indoor recreation uses used solely for commercial purposes.
(7)
Museums, artist studios, art galleries, theaters and auditoriums.
(8)
Amusement centers and children's amusement centers, subject to the conditions of § 575-38B(2) herein.
B.
Special permit uses. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council or, where indicated, by the Planning Commission, in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein. For all special permit uses in the M-2B District, the design guidelines for the M-2A District are hereby deemed additional criteria to be used in evaluating proposals. In reviewing special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the design guidelines. No special permit shall be granted pursuant to this section unless the Common Council shall have made an affirmative finding that the project is consistent with the design guidelines to the maximum extent possible.
(1)
All special permit uses permitted in the M-2A District, in accordance with the standards contained in § 575-40 herein.
(2)
Day-care centers and school-age child care, subject to the following conditions:
(a)
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(3)
Restaurants with a designed seating capacity of more than 200 patrons are permitted pursuant to performance standards enumerated in § 575-34B(2) and subject to the issuance of a special permit by the Director of Planning upon authorization of the Planning Commission.
(4)
Restaurants having accessory outdoor dining service on the same parcel as the restaurant or on an adjacent parcel shall be subject to approval by a special permit of the Planning Commission, pursuant to the procedures and standards enumerated in § 575-34B(2)(f).
(5)
Diversified use developments. In order to provide the opportunity to rehabilitate and revitalize areas of the City of Peekskill in a mixed-use context through the creation of development projects consisting of diversified uses that provide additional housing opportunities and compatible principal and ancillary commercial and light manufacturing uses, the Common Council may issue a special permit for diversified use developments, subject to the following conditions:
(a)
The minimum aggregate area for all lots comprising the diversified use development shall be four acres. Any individual lot shall meet the minimum lot area of one acre;
(b)
Lots containing residential components of the diversified use development shall be contiguous to a zoning district which permits residential uses as principal permitted uses or as special permit uses;
(c)
The commercial/light manufacturing component of the diversified use development shall comprise at least 35% of the total land area of the lots included within the diversified use development. In addition thereto, the aggregate footprint of the buildings containing the commercial/light manufacturing uses shall comprise at least 35% of the aggregate footprint of all buildings in the diversified use development. Commercial/Light manufacturing uses permitted in a diversified use development shall include the following:
[1]
All uses permitted in the M-2B and M-2A Districts, with the exception of those uses specified in § 575-40A(1), (3), (5) and (6), and including light manufacturing uses as defined in § 575-60;
[2]
All special permit uses permitted in the M-2B and M-2A Districts, with the exception of those uses specified in § 575-40B(1), (4), (5) and (6).
(d)
The residential dwelling units of the diversified use development shall be located in buildings dedicated solely to residential uses or in mixed-use buildings with commercial uses on the first floor and residential uses on upper floors, and shall be limited to townhouse, garden apartment, and midrise apartment dwelling unit configurations;
(e)
The residential component of the diversified use development shall include dwelling units of not less than 600 square feet, and the average size of all dwelling units in the diversified use development shall be not less than 750 square feet;
(f)
The diversified use development shall meet all of the requirements of § 575-40E, except that the buildings comprising the residential component of the diversified use development shall comply with the following yard and setback requirements:
(g)
The diversified use development shall be subject to the Design Guidelines set forth in Chapter 575, Attachment 3, except that lots comprising the residential component of the diversified use development shall only be required to provide landscaping buffers of at least 10 feet between such building and contiguous streets and 25 feet between such building and contiguous nonresidential buildings. In the event of any conflict between the Design Guidelines and the standards set forth herein, the standards set forth herein shall govern.
(h)
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 development.
(i)
Public streets directly outside the diversified use development may be used for site access when street and/or sidewalk improvements are undertaken where needed as determined by the Planning Commission to accommodate the proposed level of use for the health, safety and welfare of the occupants within the diversified use development.
(j)
Accessory uses shall be as follows:
[1]
All accessory uses permitted in the M-2A District, with the exception of those uses specified in § 575-40C(6) and (7) in accordance with the standards contained in § 575-40 herein.
(6)
Transitional housing, subject to the following conditions:
[Added 11-28-2022 by L.L. No. 11-2022]
(a)
The number of beds for emergency (short-term) clients shall not exceed 23, and number of beds for longer-term transitional housing clients shall not exceed 53, for a maximum of 76 beds in any single facility.
(b)
Any transitional housing facility shall comply fully with all requirements of applicable state, county and city codes, ordinances and regulations, and shall be fully equipped with emergency lighting, sprinklers, smoke detectors and alarms, emergency exits, and other safety devices required by the Peekskill Building Code.[1]
(c)
Any food preparation, service or distribution facilities in a transitional housing facility shall be licensed or approved by the Westchester County Board of Health.
(d)
No transitional housing facility shall be located on a site less than 2,500 feet from another site on which is located another transitional housing facility.
(e)
Any transitional housing facility shall be operated by a not-for-profit corporation or charitable organization as the same are defined by applicable statute.
(f)
Any transitional housing facility shall be available as a year-round facility and must allow clients to remain on premises 24 hours a day, seven days a week.
(g)
Any transitional housing facility shall be subject to periodic inspections by the Peekskill Building Department and Peekskill Fire Department, which shall determine compliance with all codes, ordinances, regulations and conditions of the special permit.
(h)
A security report shall be submitted to the City and approved by the Police Chief, which shall include procedures for security at the transitional housing facility, including accountability of clients and collaboration between the transitional housing facility operator and the City Police Department for safe and successful operation of the facility.
(i)
Twenty-four hour staffing of the transitional housing facility shall be provided.
(j)
Records for each client who is admitted to the transitional housing facility shall be maintained.
(k)
The transitional housing facility shall at all times comply with all site plan and special permit conditions, NYS building codes, and certifications for the transitional housing facility.
(l)
All performance standards shall be included in a report to the City Manager and Director of Planning, submitted with the request to renew the special permit prior to expiration, or at any other time at the request of the City Manager, and presented to the Common Council when the renewal is considered.
(m)
Special permits for any transitional housing facility shall be subject to revocation in the event that compliance with all performance standards is not maintained by the operator and/or the property owner.
(n)
Due to the residential nature of transitional housing, a reduced building (setback) requirement is permitted in that no building or part thereof shall be erected nearer than 25 feet to any street line.
D.
All uses, whether principal uses or accessory uses, other than off-street parking outdoor storage and storage and sales of building materials, shall be carried on in roofed buildings fully enclosed on all sides. The processing, mixing, grinding, preparation, storage and the loading for transport of all materials shall be carried on in roofed buildings fully enclosed on all sides except as may be permitted under a special permit issued pursuant to § 575-40B. Accessory outdoor storage pursuant to a special permit, temporary or otherwise, shall at all times be fully screened from all adjacent properties and all adjacent roads, streets, highways and residential areas in accordance with the M-2A District Design Guidelines.
[Amended 2-22-2021 by L.L. No. 1-2021]
F.
Location of accessory buildings on lots. Accessory buildings must fully comply with the lot and building requirements of § 575-40E.
G.
Off-street parking and loading.
(1)
Off-street parking and loading requirements shall be the same as for the Design Industrial M-2A District, with the following amendment:
[Amended 11-28-2022 by L.L. No. 11-2022]
Use | Parking Requirements (spaces) |
|---|---|
Restaurants and carry-out restaurants | 1 for each 100 square feet of patron use area |
Retail stores | 1 for each 300 square feet of gross floor area |
Business, professional or business office not for a doctor or dentist | 1 for each 300 square feet of gross floor area exclusive of bulk storage and utility areas or 1 per employee, whichever is greater |
Office of a doctor or dentist | 4 for each doctor or dentist, plus 1 for each 2 employees |
Service business | 1 for each 200 square feet of customer service area |
School | 1 for each 2 classroom seats plus 1 for each staff member on the maximum shift |
Museum | 1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift |
Libraries | 1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift |
Theaters and auditoriums | 1 for each 4 seats |
Amusement centers and children's amusement centers | 1 per 200 square feet of gross floor area within enclosed structures plus 1 for every 3 persons that outdoor facilities are designed to accommodate when used to the maximum capacity |
Day-care centers and school-age child care | 1 per 10 children on the maximum shift, plus 1 per employee on the maximum shift |
Townhouses, garden apartments, and midrise apartments as part of a diversified use development | 1.25 spaces per dwelling unit upon demonstration of adequate visitor parking; except that for affordable dwelling units, the ratio shall be 1.0 space per dwelling unit upon demonstration of adequate visitor parking |
Uses not listed | As determined by the Planning Commission to be needed to Discourage long-term on-street parking |
Transitional housing | 1 space per 1,300 square feet of gross floor area |
§ 575-41 M-3 Industrial Park District. [1]
[Amended 7-17-1978; 7-14-1986; 12-23-1991; 1-25-1993; 9-26-1995]
A.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(1)
Office buildings for business and professional offices.
(2)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing and incidental storage of products or materials, provided that only oil, gas or electricity is used as a fuel, except that an installation using other fuel may be used upon a finding by the Director of Public Works that such installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
[Amended 6-24-2019 by L.L. No. 3-2019]
(3)
Wholesale storage and warehousing of finished products, excluding the storage of food, fuel, building materials, secondhand lumber, junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.
(4)
Research design and development laboratories.
B.
Special permit uses. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(1)
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a)
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(2)
Amusement center, subject to the following conditions:
(a)
Minimum lot size shall be one acre.
(b)
The developed portion of any such use shall not be permitted within 300 feet of any lot located within a residential district, a house of worship or a school.
(c)
Visual and noise buffering shall be provided to the satisfaction of the Planning Commission. Such buffering shall include a minimum of a twenty-foot-wide perimeter vegetative buffer along all side and rear lot lines, but may include additional vegetative buffering, fencing, earthen berms, other materials or some combination thereof, as determined necessary by the Planning Commission to mitigate off-site impacts associated with the subject use.
(d)
Maximum site-generated light shall not exceed 2.0 footcandles at the property line, and the source of all exterior lighting shall not be visible beyond the property line.
(e)
The applicant 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.
(3)
Hotels and motels, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
One thousand square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[4]
Maximum floor area ratio (FAR) shall be 0.75.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between all parking areas and all side and rear lot lines.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(4)
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
(a)
Minimum of 50 guest rooms must be provided.
(b)
The following bulk standards shall apply:
[1]
Seven hundred square feet of lot area shall be provided for each guest room.
[2]
Each guest room shall include a full private bathroom.
[3]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[4]
Maximum floor area ratio (FAR) shall be 1.2.
[5]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[6]
The following U.S. Green Building Council Materials must be submitted as part of application:
[7]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[8]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
(c)
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(5)
Adult uses, subject to the following conditions:
(a)
No adult use shall be permitted:
[1]
Within 1,000 feet of any other lot containing an adult use.
[2]
Within 500 feet of any lot on which is located a church, school, nursing home, hospital, City office, railroad station and related parking facilities.
[3]
Within 750 feet of a park or parkland.
[4]
Within 250 of a residentially zoned district in the City of Peekskill or an adjacent municipality.
(c)
No more than one adult use shall be permitted on any lot.
(d)
The proposed use shall meet all other requirements of this chapter, and other ordinances and local laws of the City of Peekskill, and all other requirements and laws of Westchester County, New York State and the United States of America.
(e)
It shall be a condition of any special permit issued for an adult use that no person under the age of 18 years shall be permitted into the premises.
(f)
The Planning Commission may impose such terms and conditions upon the issuance of the special permit required hereunder as it deems appropriate to further the aims of this subsection, including, but not limited to, restrictions on advertising, outdoor displays and the location of merchandise.
(g)
Prior to the commencement of any adult use or upon transfer of ownership or control, the premises must be inspected and found to be in compliance with the New York State Uniform Building and Fire Prevention Code and all other laws, rules and regulations within the jurisdiction of the Director of Public Works and other code enforcement officials.
[Amended 6-24-2019 by L.L. No. 3-2019]
(6)
Tattoo studio as the principal use, subject to the following conditions:
[Added 9-10-2012 by L.L. No. 10-2012]
(a)
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b)
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c)
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d)
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e)
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f)
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g)
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h)
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i)
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j)
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1]
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k)
Distancing from other tattoo studios.
[1]
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2]
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studios or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studios, whichever is greater.
(l)
Renewal of special permits. All special permits for tattoo studios shall be subject to renewal every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special permit, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of prior issuance or renewal of the special permit.
C.
Accessory uses.
(1)
Same as permitted in the C-1 District.
(2)
Self-storage warehouse facilities of 25,000 square feet or more may be permitted by special permit of the Common Council to include one on-site residential unit to provide housing solely for an actively employed on-site security manager, and his wife and children only, during such employment.
D.
All uses, whether principal uses or accessory uses, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.
E.
Lot and building requirements shall be as follows:
(1)
Minimum lot area: one acre.
(2)
Minimum frontage: 200 feet.
(3)
Minimum depth: none.
(4)
Yards. No building or part thereof shall be erected nearer than 50 feet to any street line or nearer than 25 feet to any property line other than a street line, nor shall any building or part thereof be erected nearer to any residence district boundary than 100 feet.
(5)
Height.
(a)
Except as provided hereinafter, no part of any building shall be erected to a height greater than 35 feet. Where a lot has frontage on two or more streets or other public ways, if related to the curb level the height limitation shall apply as measured from such level along the street or way with a higher elevation above sea level.
(b)
When penthouses, bulkheads, etc., are over 12 feet high or cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the sidewalls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.
(6)
Maximum coverage: 50%.
(7)
Maximum floor area ratio: 1.0.
F.
Location of accessory buildings on lot. Accessory buildings may be erected not closer than 25 feet to a rear property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 80 feet.
§ 575-42 PCD Planned Commercial Development District. [1]
[Amended 8-16-1982; 10-12-1982; 11-29-1994; 9-26-1995]
A.
Purpose.
(1)
Although the district is floating, its application is intended for large tracts which have adequate direct or adjacent access to the regional transportation system. These districts are intended to enhance commercial opportunities in the City and expand the local economy. At the same time, existing residential and commercial areas should not be adversely affected by the locations chosen for this district. These districts are also intended to provide design flexibility in the development of low-density commercial projects.
(2)
Business offices, professional offices and research offices and laboratories are considered to be the primary users of the district. Retail and service-oriented commercial uses are allowed by special permit, but they are intended as subordinate elements of the project.
B.
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or part, for any purpose except the following:
C.
Uses subject to special permit.
(1)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 4-14-2008 by L.L. No. 5-2008; 5-29-2012]
(a)
Pilot plants for testing of manufacturing, processing or fabrication methods or for the testing of products or materials only as an accessory use to a research laboratory, and in no case shall more than 25% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said research, design or experimental work. Nothing herein contained shall, however, prohibit construction of pilot or experimental models which may later be sold.
(b)
The following commercial uses:
[1]
Retail stores.
[2]
Banks, including drive-in windows.
[3]
Restaurants, provided meals are served at least twice a day and 75% of the seats are at tables.
[4]
Beauty parlors, barbershops, tailors and nail shops.
[5]
Hotels and motels, subject to the following specific conditions in addition to the general requirements enumerated in § 575-42C(2):
[a]
Minimum of 50 guest rooms must be provided.
[b]
The following bulk standards shall apply:
[i]
One thousand square feet of lot area shall be provided for each guest room.
[ii]
Each guest room shall include a full private bathroom.
[iii]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[iv]
Maximum floor area ratio (FAR) shall 0.75.
[v]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[vi]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, Development and Code Enforcement, shall be provided between all parking areas and all side and rear lot lines.
[c]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
[6]
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
[a]
Minimum of 50 guest rooms must be provided.
[b]
The following bulk standards shall apply:
[i]
Seven hundred square feet of lot area shall be provided for each guest room.
[ii]
Each guest room shall include a full private bathroom.
[iii]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[iv]
Maximum floor area ratio (FAR) shall be 1.2.
[v]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[vi]
The following U.S. Green Building Council Materials must be submitted as part of application:
[vii]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[viii]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
[c]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
[7]
Museums.
[8]
Appliance repair and photocopying.
[9]
Dance studios, martial arts studios.
[10]
Dry-cleaning stores except that no dry cleaning may be performed on the property.
(2)
General requirements. The following criteria shall be considered basic requirements for the issuance of a special permit to allow commercial uses as enumerated in Subsection C(1)(b) above.
(a)
For other than hotels, museums and those uses identified in Subsection C(1)(a) above, the total floor area occupied by special permit uses shall not exceed 50% of the entire planned commercial development, unless waived by the Common Council upon a finding that the modifications applied 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 Subdivision Regulations,[2] where applicable.
(b)
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.
(c)
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:
[1]
Water fire flows sufficient to meet fire and safety standards for the scale and type of development proposed.
[2]
Sanitary sewer service connected to the existing City system which complies with City and county regulations.
[3]
A drainage system which will not adversely impact existing development within the same drainage basin.
E.
All uses, whether principal uses or accessory uses, other than off-street parking and permitted antennas, shall be carried on in buildings fully enclosed on all sides.
F.
Lot and building requirements.
(1)
Minimum lot area: 120,000 square feet.
(2)
Minimum frontage: 200 feet.
(3)
Minimum depth: 200 feet.
(4)
Yards. No building or part thereof shall be erected nearer than 100 feet to any street line or property line, nor shall any building or part thereof be erected nearer than 125 feet to any residence district boundary.
(5)
Height.
(a)
Except as provided hereinafter, no part of any building shall be erected to a height greater than 35 feet. Where a lot has frontage on two or more streets or other public ways, if related to the curb level the height limitation shall apply as measured from such level along the street or way with a higher elevation above sea level.
(b)
When penthouses, bulkheads, etc., are over 12 feet high or cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the sidewalls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.
G.
Maximum coverage: 20%.
H.
Maximum floor area ratio: 0.4.
I.
Location of accessory buildings on lot. Accessory buildings may be erected not closer than 25 feet to a rear property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 80 feet.
J.
Off-street parking and loading. Off-street parking and loading requirements shall be the same as for the M-2 General Industrial District.