Yonkers City Zoning Code
ARTICLE XXII
Casino Special District
§ 43-253 Permitted uses.
A.
Permitted uses.
(1)
The following uses shall be permitted in the Casino Special District:
(a)
Destination resort casino. The following uses shall be permitted at a destination resort casino:
[1]
Banquet and catering facilities.
[2]
Cabarets, nightclubs, and private clubs.
[3]
Conference centers.
[4]
Eating and drinking establishments.
[5]
Health clubs, gymnasiums, and spas.
[6]
Hotels.
[7]
Live entertainment, including concerts, theater productions, and special events.
[8]
Micro-breweries and brew-pubs.
[9]
Restaurants.
[10]
Retail establishments.
[11]
Theaters and movie theaters.
[12]
Thoroughbred racing, harness racing, and other horse racing of any kind or type, and related betting, as permitted by applicable state law and subject to applicable state licensure, including horse racing spectator seating and facilities, and horse barns.
[13]
Video lottery gaming, casino gaming, sports betting, and any other gaming of any type or kind, as permitted by applicable state law and subject to applicable state licensure.
B.
Accessory uses.
(1)
The following accessory uses shall be permitted in the Casino Special District:
(a)
Any use customarily incidental to any permitted use including related administrative, office, and other back-of-house uses.
(b)
Amusement games and devices.
(c)
Audio, radio, video, television, and movie studio.
(d)
Automatic teller machines.
(e)
Awnings or canopies.
(f)
Commercial recreation uses, indoor.
(g)
Commercial recreation uses, outdoor.
(h)
Fences and walls.
(i)
Indoor markets.
(j)
Kennels for on-site security dogs.
(k)
Loading berths or spaces.
(l)
Outdoor dining areas.
(m)
Outdoor storage.
(n)
Refuse collection, storage and recycling facilities.
(o)
Satellite antennas.
(p)
Semipublic open-air parking.
(q)
Semipublic parking structure.
(r)
Service of alcoholic beverages, including in bar or lounge areas.
(s)
Solar energy facilities.
(t)
Telecommunications tower.
(u)
Temporary outdoor events including but not limited to flea markets, fairs, or carnivals.
(v)
Utility substations.
(w)
Warehousing and storage of nonhazardous and nonflammable materials.
§ 43-254 Dimensional regulations.
A.
For purposes of this § 43-254, a "site" shall be defined as any tract or parcel of land located in a Casino Special District. If adjacent tracts or parcels of land are bounded or separated by a public or private road or roads, then such tracts or parcels of land shall be deemed and construed to be one site, notwithstanding that said site is comprised of two or more lots, plots or parcels of land as shown on the Tax Assessment Map of the City of Yonkers.
B.
The dimensional standards and requirements set forth in Subsection D shall apply in the Casino Special District. Such standards and requirements shall apply to, run with, and bind each site as a whole, notwithstanding that such site may be comprised of more than one lot or parcel, and that a site may, from time to time, in the course of development or following development, be subdivided, resubdivided, traversed by public or private roads or streets, conveyed in separate ownership, leased, converted to condominium ownership, or otherwise divided.
C.
All determinations relating to setbacks, building coverage, floor area ratio, and parking and loading requirements in the Casino Special District shall be made with reference to the boundaries of the site, and treating the site as a single lot.
D.
The following dimensional regulations shall apply in the Casino Special District and shall supersede any inconsistent regulations and requirements in this chapter:
(1)
The maximum floor area ratio shall be 1.0. The term "gross floor area" as applied in the Casino Special District shall not include the floor area of:
(a)
Any floor or portion thereof used for parking, including of maintenance and service vehicles; or
(b)
Any area used exclusively for the storage of goods or equipment incidental to a retail use; or
(c)
Stables, tack rooms, paddock, or any area used for storage of equipment incidental to horse racing use.
(2)
The maximum permitted building height shall be 155 feet, except the maximum permitted building height for a hotel shall be 250 feet. Building height shall be measured from the finished elevation of the first floor of a building.
(3)
The minimum yard setbacks shall be as follows:
(a)
No building shall be located closer than 15 feet to any perimeter boundary of a site.
(b)
No building shall be located closer than 15 feet to a state or county roadway, or closer than 25 feet to any other public street, except that any non-conformity of a building with this § 43-254D(3) existing as of the date of adoption of this Article XXII may remain and be enlarged by not more than three feet.
(c)
No building shall be located closer than 50 feet to any residential zone district boundary.
(d)
Parking shall be permitted in required setbacks, except that parking and ancillary vehicle accessways shall not be permitted within 25 feet of any residential zone district boundary.
(e)
There shall not be any yard setback from any interior boundary of any lot or parcel comprising a site.
§ 43-255 Off-street parking and loading.
The site plan for a destination resort casino shall incorporate measures to ensure the safe and convenient circulation and mobility of all those visiting and working at the site. This shall include the design and configuration of vehicle access and internal circulation, traffic calming measures, transit connections, sidewalks, and where appropriate, bicycle lanes, and associated improvements. The following parking and loading regulations shall apply in the Casino Special District and shall supersede any inconsistent regulations and requirements in Article X and the Schedule of Parking Requirements (Table 43-4) of this chapter:
A.
Required parking.
(1)
Required parking: Required parking for a destination resort casino shall be provided in accordance with the Schedule of Parking Requirements (Table 43-4) of this chapter, except as follows:
(a)
Bar, lounge, micro-brewery and brew-pub: one per 100 square feet of gross floor area.
(b)
Casino: one per 100 square feet of gaming gross floor area, plus four per 1,000 square feet of gaming back of house gross floor area.
(c)
Convention space, independent of any other permitted or accessory use specified in § 43-253 of this chapter: three per 1,000 square feet of gross floor area.
(d)
Destination resort casino uses and spaces accessible to the public for which no requirement is specified in the Schedule of Parking Requirements (Table 43-4) or in this § 43-255: four per 1,000 square feet of gross floor area.
(e)
Destination resort casino back of house and other spaces not accessible to the public and not specifically ancillary to a permitted or accessory use specified in § 43-253 of this chapter: 0.5 per 1,000 square feet of gross floor area.
(f)
Destination resort casino general administrative offices: one per 300 square feet of gross floor area.
(g)
Destination resort casino dealer's school classrooms: two per 1,000 square feet of gross floor area.
(h)
Entertainment center/theater: one per four seats.
(i)
Horse racing, including clubhouse and grandstand: one per eight seats in the grandstand.
(j)
Horse racing simulcast facilities: four per 1,000 square feet of floor area.
(k)
Hotel: 0.70 per room.
(l)
Restaurant: one per 100 square feet of gross floor area.
(m)
Retail establishment: four per 1,000 square feet of gross floor area.
(2)
§ 50-6 of the Code of the City of Yonkers shall not apply in the Casino Special District. The number of electric vehicle charging stations required to be provided at a Destination Resort Casino shall be determined by the Planning Board as part of site plan review.
(3)
Required loading. Required loading for a destination resort casino shall be determined by the Planning Board as part of site plan review.
B.
Shared parking. In consideration of the unique character of a destination resort casino, the interrelatedness and complementary nature of the different destination resort uses, and the differing peak parking demands of destination resort casino uses, shared parking concepts may be applied by the Planning Board in determining required parking. In reaching its determination, the Planning Board may be guided by the standards in § 43-132C of this chapter, as well as accepted industry standards and guidelines.
§ 43-256 Signs.
The following sign regulations shall apply in the Casino Special District and shall supersede any inconsistent regulations and requirements in this chapter and Chapter 47 of the Code of the City of Yonkers:
A.
Size and location. Sign sizes and locations shall be determined by the Planning Board as part of site plan review. Signs shall facilitate visitors' internal wayfinding, facilitate traffic flow, and clearly identify a destination resort casino from off-site locations. Building signs shall be in scale with the size and architecture of the buildings. Letter and logo heights shall be readable at the viewing distances of the vehicular traffic to which the sign is directed.
B.
Design and materials. All building signs shall have similar color schemes to the building on which they are located, with destination resort casino branding where necessary to distinguish and identify the building.
C.
Illumination. Signs shall have LED illumination and be either halo lit or face lit with acrylic faces. Flashing lighting shall not be permitted.
D.
Digital display boards. Digital display boards shall be permitted. The illumination levels of the displays shall not exceed 6,500 nits during daylight hours, and 1,000 nits during all other hours, and shall be equipped with light sensors for managing light output based on time of day and ambient light levels. The location, size, refresh rates, and orientation of digital display boards shall be determined by the Planning Board as part of site plan review.