Informal review. There shall be no statutory time limit for the review of informal applications, nor the need to make a determination of whether the application is complete. However, the Director of Planning may request that further information be provided in order for the Planning Board to review the special use permit application and site plan and to provide commentary thereon. When sufficient information has been provided to the Planning Director, he or she shall forward copies thereof to the Planning Board and set it down for informal review at the next meeting for which sufficient time can be set aside for such informal review. The Planning Board, at its discretion, may request the applicant to make a brief informal presentation of the salient information provided in the special use permit application or concept site plan, whereafter members of the Planning Board may comment on the application or plan. At the request of the Planning Board, the Planning Director or his or her agent, or members of other advisory review boards, may also provide commentary thereon. The public shall be permitted to attend such informal reviews but shall only be permitted to comment at the discretion of the Chairperson of the Planning Board. No decisions, resolutions or other formal action shall be taken at such informal review. No statement, comment or other communication made during such informal review shall be binding upon any party but shall be provided solely to expedite and assist the applicant in preparing the special use permit application and the site plan application for formal submission to the approving agency.

Formal review. If a formal application is determined to be complete by the Planning Bureau, the application shall be forwarded to the Planning Board. An application shall be considered officially submitted and received on the date of the next meeting of the Planning Board following such forwarding. The required period of time for review and decision, as provided herein, shall commence on the date that the application is deemed officially submitted.

Review by other agencies. The Planning Board may forward copies of the application and site plan for review and report to such other officials and agencies of the City as it deems appropriate. It shall forward copies for review and report to the Design Review Board where required under Chapter 44, Article II. All agencies shall have 30 days from the date of forwarding to submit a report. Such time limit may be extended by mutual agreement with the applicant, but any such extension shall apply equally to the time limits of § 43-54. Any revision to an application for a special use permit or to the site plan for which the special use permit application is being made shall be referred to the Department of Housing and Buildings for analysis of conformity to applicable zoning standards.

At least five days prior to the public hearing, the Planning Board shall give public notice thereof by publication in a paper of general circulation in the City.

The applicant shall serve written notice by registered or certified mail on all known property owners within a radius of 200 feet of the lot lines of the parcel of land for which the special use permit application has been filed, at least 10 days prior to such hearing.

Posting of signs. The applicant for a special use permit shall post signs in accordance with the provisions of § 43-156 of this chapter.

That such a use shall be in harmony with the general purposes and intent of this chapter.

That such a use shall not affect adversely the character of the district, nor the conservation of property values, nor the health and safety or residents or workers on adjacent properties and in the general neighborhood.

That such a use shall be of such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such a use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.

That such a use shall not conflict with the direction of building development in accordance with the City of Yonkers Comprehensive Plan or other such plans as may have been adopted by the City Council or Planning Board.

Any existing or proposed community residential facility shall be required to be placed on the statewide registry and to have a valid license and operating certificate from the appropriate state agency responsible for issuing such a license or operating certificate. Proof of such registration and a copy of the license or operating certificate shall be placed on file with the Yonkers Department of Housing and Buildings.

The community residential facility shall be required to meet all of the standards and dimensional requirements applicable to multifamily dwellings in the zoning district in which it is located, as provided for in this chapter and the City Code.

Failure to keep a valid license or operating certificate as well as proof of registration on the statewide registry for community residential facilities permit on file with the Department of Housing and Buildings, or other violations of the applicable standards and regulations of this chapter and the City Code, shall be valid grounds upon which a certificate of occupancy may be revoked by the Commissioner of the Department of Housing and Buildings.

A planned unit residential development shall be designed in part or in whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The comprehensive development plan shall indicate:

The following uses shall be permitted in a planned unit residential development:

The following dimensional requirements shall apply to the overall tract encompassing the planned unit residential development:

The following design standards shall apply to a planned unit residential development:

Parking in the planned unit residential development shall comply with the following:

The following open space, buffer and landscaping requirements shall apply:

The following standards and requirements shall apply to the internal circulation system:

Planned urban redevelopments (PUR's) may be permitted in all designated urban renewal areas in all districts on tracts of land of two or more acres in aggregate.

Notwithstanding § 43-27, 43-50 and 43-127, PUR's shall not be required to meet the dimensional or use requirements for the district in which they are located or the off-street parking and loading requirements contained in § 43-128 and Table 43-4 and Table 43-5.

A planned urban redevelopment shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

Following approval of the CDP by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned urban redevelopment shall be submitted in accordance with the requirements of Article IX of this chapter.

Uses established and buildings and structures constructed pursuant to a PUR special use permit shall be deemed conforming to the dimensional and use requirements of this chapter.

Residential health-care facilities shall meet the dimensional requirements for multifamily dwellings in the district in which they are located.

Residential health-care facilities shall include, at a minimum, apartment-style housing and congregate dining to assure that assisted-living services are available when needed by the residents. Apartment units shall include, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

Residency shall be restricted to persons 62 years of age or older. However, nothing herein shall prohibit a spouse from residing in the facility who is under the age of 62 years, provided that such spouse is married to a resident who is 62 years of age or older.

To the extent that the facility provides for the delivery of health-care services that are subject to licensing requirements of federal, state or county regulations, all such regulations and standards shall be met. The applicant for a special use permit for such a facility shall provide documentation indicating that such licenses have been granted, or that the proposed facility can and will meet all regulations and standards if such licenses have not yet been obtained.

Any service provided to a resident of a residential health-care facility that is ordered by a physician shall be provided by a licensed, registered or certified health-care professional, but shall not include a certified homemaker/home health aide or certified nurse's aide.

All other personal-care services shall be available to residents 24 hours every day, including but not limited to assistance with activities of daily living and in a manner which promotes residents' self-direction and participation in decisions that emphasize independence, individuality, privacy and dignity in homelike surroundings.

Such facilities shall provide the following facilities:

Such residential health-care facilities are encouraged to provide other supportive amenities and services, including but not limited to libraries, gift or convenience shops, walking and indoor exercise facilities, linen services, housekeeping services, nursing services, beautician services, a medical office for visiting doctors, physical therapy rooms and social and meeting rooms. All support facilities, functions and services shall be intended for the use and benefit of the residents of the facility and their guests.

Required parking spaces may be provided by any combination of enclosed or open spaces, but in no event shall the parking facilities be more than 200 feet from the building they are intended to serve.

The arrangement and location of internal roads, garages and parking areas shall be subject to the approval of the Planning Board and shall be designed to ensure safe and adequate circulation for senior citizen residents and their guests.

Curb ramps shall be provided at all street corners in parking areas and at designated pedestrian crossings.

Reasonable yard lighting shall be provided to illuminate the parking areas, walkways, driveways and premises at night and shall be shielded from all residences.

The architectural design of the facility shall provide such living arrangements as to promote independence, self-reliance, privacy and participation in social and community activities and at the same time shall be designed to accommodate limitations associated with advanced age, such as:

A minimum all-season evergreen buffer of at least five feet in width shall be provided around the entire perimeter of the property.

Definitions. For the purposes of this subsection of this chapter, the following words shall have the meanings as defined herein:

Within a cemetery, the following activities, structures and buildings shall be permitted:

The dimensional and construction requirements within cemeteries shall be as follows:

The hours of operation for any cemetery or mausoleum shall be between the hours of 7:00 a.m. and 7:00 p.m. daily.

Every cemetery shall be required to provide a buffer area at least 20 feet wide along those portions of its perimeter which abut areas zoned for residential uses. In-ground burials shall be permitted within the buffer area but in no case shall they be closer than 10 feet to any property line in order to provide adequate room for landscape screening. The approving agency may require a wider buffer for in-ground burials if it is deemed necessary for circulation and access.

Children's day camps shall have a lot area of at least 15,000 square feet.

Social halls, athletic and sports facilities and playgrounds and similar uses which are customarily accessory to the children's day camp use shall be permitted.

All interior spaces within children's day camp buildings to be utilized for potentially noise-generating activities shall be sufficiently sound-insulated and separated from adjacent residential structures so as to avoid any noise nuisance.

No children's day camp building, playground or outdoor sports facility or athletic field shall be located closer than 25 feet to an adjacent residentially used property line. A landscaped buffer, berm, fence, hedge or other screening material shall be provided along the property line of such residential use to a height of no less than six feet.

A children's day camp shall provide a safe pickup and delivery area separate from the off-street parking area and access driveway.

The appearance and use of all buildings and structures shall neither be out of character nor scale with the neighborhood in which they are to be located.

The approving agency may require larger setbacks and alternative siting arrangements, provision for parking and loading, screening, fencing, buffers and lighting, including increasing the buffer width and plantings, in order to protect the degree and intensity of potential nuisances, to mitigate the traffic impact of such uses and to protect the character of existing development.

The principal use of a hospital shall be buildings and structures for the purpose of serving general medical, surgical, psychiatric, physical therapy and rehabilitation purposes. Accessory uses may include outpatient clinics or facilities, or facilities for nursing, teaching, medical research, convalescent or extended care when sponsored by or affiliated with such hospital; nursing homes; residential facilities for staff personnel, including volunteers, nuns or students in hospital training programs; accessory storage facilities with a gross floor area not in excess of 20% of the gross floor area of the principal building; places of worship; accessory parking facilities, vehicle maintenance facilities, recreation facilities, eating and drinking facilities, gift shops, flower shops and newsstands for the exclusive use of the staff, administration, patients and visitors; and laundries, food preparation facilities, power plants or other similar facilities customarily incidental to a hospital.

The minimum required lot area shall be three acres.

Frontage of a minimum of 400 feet on at least a collector street shall be required.

The minimum setback of all buildings and structures shall be 75 feet from the street line and 50 feet from all other property lines.

The maximum building coverage shall not exceed 50%.

The maximum height shall be eight stories and 100 feet.

A minimum of 20% of the lot area shall be open space.

Dimensional requirements not otherwise specified shall be determined by the approving agency in connection with the approval of the applicable permit.

Such uses shall comply with all the applicable state, county and City codes and ordinances relating to their occupancy and shall be fully equipped with all safety devices required by the Yonkers Building and Fire Codes.

Such a use shall be fully contained within a building.

Any food preparation, service or distribution in such a facility shall be licensed or approved by the Westchester County Board of Health.

While open, the philanthropic institution providing social services shall be adequately staffed by the operating organization such that clients may be accommodated according to the terms of an approved management plan as described in § 43-73H(8). Order and sanitation shall be maintained at all times. Persons who cannot be admitted or served for any legitimate reason, including lack of capacity, shall be referred or transported to other facilities.

Such uses shall accept individuals without regard to race, religion, ethnic background, sex, marital status, age or condition of disability or parentage.

No philanthropic institution providing social services shall be located on a site less than 400 feet from another site on which another such facility is located.

Philanthropic institutions providing social services are neither emergency shelters, overnight shelters for the homeless nor health-care facilities and shall not provide any sleeping accommodations nor health-care services.

An applicant shall submit with his or her permit application a management plan for the operation of his or her proposed facility, including hours of operation, personnel, supervision, maintenance and operating plans, and shall certify to the approving agency the adequacy of the management plan. No special permit for any philanthropic institution providing social services shall be issued without an approved management plan.

A special use permit for a philanthropic institution providing social services shall expire one year after issuance, but on application may be renewed annually by the Commissioner of the Department of Housing and Buildings upon notice to the City Council, provided that no such renewal shall be made by the Commissioner unless there has been substantial compliance with all applicable codes, ordinances, regulations and conditions of the special permit. The Commissioner of the Department of Housing and Buildings shall notify the City Council of his intention to renew a permit 45 days prior to the effective date of such renewal. No such renewal shall be made upon objections by majority vote of the City Council.

All private recreational clubs or community swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse shall be set back not less than 50 feet from all property lines.

An outdoor private recreational club or community swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse or bathhouse and not less than 50 feet from the front property line and not less than 50 feet from the side and rear property lines.

Parking spaces shall be provided in an area or areas located not less than 15 feet from all property lines.

A swimming pool for a private recreational club, limited to a maximum of 200 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 250 square feet.

The pump of a filtration or pumping system of a community swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.

In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.

The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.

To provide safety and privacy, an outdoor swimming pool or other outdoor recreational facility shall be surrounded entirely by a suitably strong, tight fence; however, one side or sides of the club or bathhouse may serve as a part of the enclosure.

The fence shall be located not less than 15 feet from the closest edge of the pool.

The fence shall be from six feet to eight feet high and shall be nonclimbable. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Any opening or opening in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.

All outdoor lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property.

Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas.

Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

No sound-amplifying system shall be operated or other activities permitted, at any swimming pool for private club or community use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 9:00 p.m. weekdays and 10:00 p.m. on weekends and holidays.

A lifeguard shall be present at all times when the pool is open.

All interior areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.

The appearance of any structure shall be neither out of scale nor character with the neighborhood within which it is to be located.

A ten-foot-wide all-season evergreen planted screen or other suitable buffering shall be required where the club is adjacent to a residential use or district.

No intensive outdoor activity shall be permitted other than off-street parking and similar service uses. If outdoor service facilities are provided, they shall be located no closer than 25 feet to a residential zone or the property line of an adjacent residential use.

No outdoor music or public address system shall be provided.

A private kitchen accessory to the principal use shall be permitted, provided that such food or drink is served in the dining area. If food or drink is served on the grounds of the club, such service shall be limited to the hours of 8:00 a.m. to 10:00 p.m., except that on Friday and Saturday nights and those preceding public holidays such time shall be 11:00 p.m.

Structures and facilities within a marina may include boat slips, launching facilities, fuel station, repair and maintenance shops, boat and gear storage, lockers and sanitary facilities, restaurants, clubhouse, marine hardware and supply stores and recreation facilities such as parks and picnic grounds, beach and spectator areas.

Structures and facilities within a seaplane landing dock may include waiting rooms, ticket offices, passenger gates/bag checking areas, operations, offices, concession areas for newspapers/souvenirs/snacks, maintenance facilities, hangars, gasoline storage, repairs, servicing and storage.

Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the City, the Westchester County Health Department and New York State.

There shall be provisions made for the collection and disposal of boat-generated solid wastes.

Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. These provisions shall not exclude appropriate navigational aides deemed necessary by the City.

Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure.

Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the City. In no case shall fuel storage over service pumps be located less than 100 feet from adjacent lot lines, or as recommended by the City's Fire Prevention Bureau.

Where applicable, marinas and seaplane landing docks shall be subject to the approval of the United States Army Corps of Engineers, the New York State Department of Transportation, the Federal Aviation Administration and other federal, state and county agencies.

The minimum amount of open space on the lot shall be 30%.

No outdoor recreation facility, athletic field or outdoor recreation area or parking area shall be located closer than 25 feet to a property line of an adjacent residential use.

An all-season evergreen buffer to a minimum depth of 10 feet shall be provided adjacent to a residential property line.

No public address system or other amplified sounds shall be permitted.

The setback of all recreational buildings shall be twice the minimum yard setbacks required for the district in which the use is located. However, the approving agency may reduce the setback requirements herein because of topography, installation of additional berming, buffering or fencing or if the particular nature of the activity or use to be conducted is determined not to be a potential nuisance to the neighboring properties.

If outdoor lighting is provided, it shall be arranged and shielded in such a manner that the source and object of illumination shall not be visible from the adjoining property.

The size of membership in any country club, private golf course or other recreational club shall be limited to an amount commensurate with the scale of the facilities provided as approved by the approving agency, and shall remain at such a restricted size. Dining facilities shall be restricted to members of the club and their guests, unless the parking requirements for banquet or catering facilities as provided for in § 43-36B of this chapter have been provided.

All swimming pools provided as part of a membership or country club shall meet the requirements of § 43-73I.

A statement setting forth the need and purpose of the substation shall be filed along with the application for a utility substation.

Proof shall be furnished to the approving agency that the proposed substation in a specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; further provided that the design of any building in connection with such facility conforms to the general character of the district and will in no way adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located, and that adequate and attractive screening, buffering, protective fencing, gates and other safety devices will be provided and will be periodically maintained.

The dimensional requirements for utility substations shall conform to those of the district in which the use is to be located shall be met; except, however, that the approving agency shall have the discretion to increase the minimum dimensional requirements or decrease the maximum dimensional requirements of the district in which such a use is located as necessary to protect the safety of the residents and the character of the district in which such a use is located.

All such uses shall comply with all federal, state, county and City codes and ordinances and shall be equipped with all safety devices and protective measures as required by the Yonkers building and fire codes.[2]

The height of structural towers or pylons shall be the minimum necessary to safely accommodate electric transmission lines. The routing of such lines shall be planned to cause the least visual and other disturbance to the built and natural environment in the City.

Any business or commercial or motor vehicle use which is open to the general public between 12:00 midnight and 6:00 a.m. shall be required to obtain a special use permit as provided for herein.

Any such establishment which was in operation prior to the enactment of this section shall within one year of the date at which this chapter becomes effective, apply to the Planning Board for a special use permit to allow the continuation of operating at such hours.

In all cases, including that described in § 43-74A(2) hereof, the owner, operator or general manager of a business or commercial or motor vehicle use may apply to the approving board for an extension of the hours of operation, as said board deems reasonable. The board, in making its determination, may consider any and all factors it deems necessary to render a fair determination, including but not limited to:

The hotel site shall be accessible via local streets to a federally designated interstate highway or other limited-access highway or parkway and no farther distant than one mile as measured from the nearest exit at its intersection with a local street in the City of Yonkers to the lot line of the proposed hotel parcel by means of direct travel by automobile.

The maximum permitted height shall be 65 feet and a maximum of six stories, except that solar collectors and their support structures may extend 18 inches above the maximum permitted height.

The hotel shall be sited and designed so that it will minimize the impact upon any residential adjacent uses.

The hotel building and any accessory structure or uses, except vehicular driveways and parking areas, shall be set back a minimum of 50 feet from the nearest property line. Additionally, the hotel building and any accessory structure or uses, except vehicular driveways and parking areas, shall be a minimum of 125 feet from any residential property line.

The setback area shall be buffered using landscaping and fencing as may be required by the reviewing agency. When the hotel site is adjacent to a residential community, the landscaping and screening shall take into account the residential nature of the area adjacent to the hotel. Any equipment which may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke, or vibrations, including but not limited to heating, ventilation and air-conditioning plants, compressors or vents, trash-handling areas and equipment, shipping and receiving areas, and site maintenance areas, shall be sited and designed to minimize impacts on any residential uses, and the approving agency is directed to work towards a design that minimizes any impact upon nearby residential uses stemming from the height of the hotel. Special attention is directed to the design of the roof and its appurtenant uses, to signage or other means of drawing attention to the site, and to the cornice and other decorative elements at the top of the building.

Upon designation, the land encompassed by the planned executive park shall become a Planned Executive Park (PEP) District and mapped on the official Zoning Map of the City of Yonkers.

A planned executive park is designed to accomplish the following objectives:

A planned executive park shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

Site plan required; commencement of construction.

The following principal uses shall be permitted in a planned executive park:

The following accessory uses shall be permitted:

Dimensional requirements shall be as follows:

Signs. Site signs shall be permitted in accordance with the following standards:

Locations of permitted planned neighborhood commercial development. The Yonkers City Council has determined that planned neighborhood commercial development is permitted by special use in the following areas within a CM District:

Preliminary determination. In any area listed in § 43-74E(1) that permits a planned neighborhood commercial development in a CM District, an applicant may apply to the Planning Board for a planned neighborhood commercial development. Such application shall be accompanied by a sketch plan indicating in general the plan, proposed uses and the manner in which the application will be in compliance with the conditions of this section. The applicant shall provide sufficient detail to assist the Planning Board in making a preliminary determination as to the desirability of the location of a planned neighborhood commercial development at the site in question.

Application. If, in the opinion of the Planning Board, such a planned neighborhood commercial development will assist in achieving the objectives of the Comprehensive Plan, Zoning Ordinance, Official Maps or other codes and ordinances, the applicant shall be directed to file a complete special use permit and site plan application. Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit.

Additional locations. The addition of locations of permitted planned neighborhood commercial development as defined in § 43-74E(1) will only be permitted by an amendment of the City of Yonkers Zoning Code duly enacted by the Yonkers City Council.

Adaptive reuse of existing buildings.

Permitted uses.

Criteria for planned neighborhood commercial development.

Planned urban redevelopments (PUR's) may be permitted in all designated urban renewal areas in all districts on tracts of land of two or more acres in aggregate.

Notwithstanding §§ 43-27, 43-50 and 43-127, PUR's shall not be required to meet the dimensional or use requirements for the district in which they are located, or the off-street parking and loading requirements contained in § 43-128 and Table 43-4 and Table 43-5.

A planned urban redevelopment shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

Following approval of the CDP by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned urban redevelopment shall be submitted in accordance with the requirements of Article IX of this chapter.

Uses established and buildings and structures constructed pursuant to a PUR special use permit shall be deemed conforming to the dimensional and use requirements of this chapter.

No sexually-oriented business shall be located within 500 feet of another such use, nor within 500 feet of a residence zone, school, place of worship or place of public assembly. Such measurement shall be made from the lot lines of the respective establishments.

In addition, the supplemental regulations required for cabarets and nightclubs as provided for in § 43-36D shall apply to sexually oriented businesses, except that such requirements shall be considered special use requirements for the purposes of this subsection.

Those sexually oriented businesses which include live performances shall be subject to the same licensing requirements for cabarets and nightclubs as provided for in Chapter 23 of the City Code.

The minimum lot area shall be 40,000 square feet, and the minimum lot width shall be 150 feet.

All outside loading berths, docks or delivery areas shall be provided to the rear of the building and, where adjacent to a residential district boundary or use shall be located a minimum distance of 25 feet to such boundary or property line.

Any outside storage of trucks, pallets, cases, etc., shall be completely fenced with appropriate access gates sufficient for the movement of large commercial vehicles, and such areas shall be adequately screened from view from all sides.

Internal traffic circulation for a supermarket shall be so arranged that off-street parking for retail customers shall be in an area distinct and separate from any maneuvering areas for any loading berths or truck storage for employee parking.

All buildings and structures housing animals, exercise areas, and other accessory use areas, except off-street parking, shall be 50 feet from any residential use or district boundary line.

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

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

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

The tract area for a wholesale price club or big-box retail store shall be no less than five acres and shall increase by one acre for each additional 10,000 square feet of gross floor area above 50,000 square feet.

The wholesale price club or big-box retail stores shall be located on a collector or arterial street, upon which it has a minimum frontage of 400 feet.

The applicant for a wholesale price club or big-box retail store shall undertake or cause to be undertaken a traffic study by a certified and licensed traffic engineer, indicating that the local road network can accommodate the weekday and weekend peak-hour traffic generated by the use without causing significant adverse traffic conditions. In any circumstance where a deterioration in the levels of service at any impacted intersection reaches Level D or Level E, or where the roadway capacity is exceeded, the applicant shall promulgate and pay for the cost of mitigation measures, to ameliorate such traffic conditions to the satisfaction of the approving agency.

The applicant shall be encouraged to add architectural features, such as a brick facade and peaks in the front roofline, and orient the store and parking perpendicular to the street on which it fronts so as to improve aesthetics and avoid the placement of a sea of parking spaces between the building and street.

No on-site storage within trailers, containers or trucks parked on the premises shall be permitted. All storage shall be provided for within enclosed buildings.

No principal or accessory building of a wholesale price club or big-box retail store shall be located closer than 50 feet to a residential zone boundary or the property line of a residential use. Furthermore, in such circumstances a continuous evergreen buffer with a minimum width of at least 20 feet shall be provided.

Locations of permitted planned film and educational development. The Yonkers City Council has determined that a planned film and educational development is permitted by special use in the following areas within the MG District:

Preliminary determination. An applicant may apply to the Planning Board for a planned film and educational development. Such application shall be accompanied by a sketch plan indicating, in general, the plan, proposed uses, and the manner in which the application will be in compliance with the conditions of this section. The applicant shall provide sufficient detail to assist the Planning Board in making a preliminary determination as to the desirability of the location of a planned film and educational development at the site in question.

Application. If, in the opinion of the Planning Board, such a planned film and educational development will assist in achieving the objectives of the City of Yonkers Comprehensive Plan, Zoning Ordinance, Official Maps or other codes and ordinances, the applicant shall be directed to file a complete special use permit and site plan application. Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit.

Following approval of the special use permit by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned film and educational development shall be submitted in accordance with the requirements of Article IX, Site Plan Review, of this chapter.

Adaptive reuse of existing buildings. To the greatest extent possible, existing buildings are to be incorporated into any planned film and educational development.

Permitted uses.

Criteria for planned film and educational development.

The proximity of the use to the property boundary, particularly in such cases when the adjacent property is in residential use or a residential district.

The hours of operation, particularly if the convenience store is open between 12:00 midnight and 6:00 a.m. (see § 43-74A).

The amount of off-street parking provided for the use.

The amount and location of any fencing, screening and buffering along the property boundary of adjacent uses.

The proximity of the convenience store to existing convenience stores, whether provided as a freestanding use, part of a shopping strip or in conjunction with another automobile service station.

Such establishments shall provide a landscaped all-season evergreen buffer to a width of five feet around the entire perimeter of the property, and a solid-screen fence to a height of no less than eight feet behind the perimeter buffer encircling all on-site activities.

No pile or mound of debris shall be stored on the property above a height of eight feet above grade anywhere on the lot nor within five feet of the perimeter fence or buffer.

Control measures shall be instituted to prevent dust or debris from being transported beyond the boundaries of the property. In addition, that portion of the public street within 500 feet of each entrance to the transfer station shall be kept clear of such dust and debris by the operator of the transfer station.

Adequate provision shall be made in the circulation plan for all truck loading and unloading and parking to take place entirely within the property and no closer than 50 feet to a residential zone boundary or residential use.

Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.

All construction and demolition transfer stations shall be required to have applicable government permits prior to issuance of a certificate of occupancy.

Such processes shall be conducted within an enclosed building.

Such uses shall provide mechanical ventilation to minimize any solvent buildup in the customer area and to control any minor solvent leakage, provide a supply of makeup air and locate exhaust ventilation stacks in accordance with Department of Health standards, the recommendations of the National Automatic Laundry and Cleaning Council or the American Conference of Governmental Industrial Hygienists. This exhaust ventilation shall be provided on a continuous basis while the establishment is open for business. The fan motor wiring shall be such that the dry cleaning equipment cannot be operated unless the fan system is in operation.

All such operations shall be a minimum of 400 feet from a residential district boundary.

All buildings and structures shall be maintained in an adequate and safe condition at all times.

Fencing or other means of protection shall be provided at the site of an excavation, as required by the Planning Board.

Rehabilitation. All land which has been excavated must be rehabilitated within one year of the termination of operations, at the expense of the operator and in accordance with standards set. It is further provided that, where an excavation operation has lasted longer than one year, rehabilitation of land, in accordance with standards set, must be begun and completed within one year's time. The City may require a performance bond or some other financial guaranty that the conditions of this chapter shall be satisfied.

Not include the mass production or manufacture of products for sale to the general public.

Take place entirely within enclosed buildings.

Not be detrimental to the environment or the conservation of property values or the character of the zone district in which it is located by means of emission of smoke, odor, dust, noise, vibration, excessive light or atmospheric pollution.

Any such tower or mast shall be a minimum distance of 200 feet from any residential building or residential district boundary and shall only be permitted if the applicant can show:

Notwithstanding § 43-76F(1), structures shall be set back from abutting residential or public property or street sufficient to:

Accessory structures shall comply with the setback standards of the underlying district.

The tower base shall be set back from abutting residential or public property or street by a distance of 20% of the tower height or the distance between the tower base and guy wire anchors, whichever is greater, and from abutting land in other districts by the rear yard setback required in that district.

Guy wires shall be set back 25 feet from abutting residential or public property or street, and the rear yard setback from abutting land in other districts.

The tower shall be setback from other on- and off-site towers and supporting structures far enough so one tower will not strike another tower or support structure if a tower or support structure fails.

The tower shall be designed to structurally accommodate an additional number of users as is technically practicable and aesthetically appropriate. Towers shall be designed to allow for the future arrangements of antennas.

The applicant shall demonstrate that the tower has the least practicable adverse visual effect on the environment through design, camouflage and other means.

Accessory facilities, including offices, long-term vehicle storage other outdoor storage, or broadcast studios, or other uses that are not needed to send or receive transmissions, shall not be permitted in residential districts, except for emergency purposes, and in no event shall exceed 25% of the floor area used for transmission equipment and functions.

The proposed use shall be consistent with applicable federal and state regulations. Existing on-site vegetation shall be preserved to the maximum extent practicable.

Where the site abuts residential parcels or public property or a street, the site perimeter shall be landscaped as follows:

Within 12 months of cessation of use of such tower, it shall be removed, along with any appurtenant structures and buildings.

Any such radio or TV tower shall be for the exclusive use of an amateur radio or TV operator who is and continues to be duly licensed by the Federal Communications Commission (FCC).

Any amateur radio tower which is mounted on a foundation or which is equal to or exceeds a height of 15 feet shall comply with the following:

Any occupation or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling. No accessory structures or areas outside the principal structure shall be used for or in connection with the home-based business.

No more than 25% of the gross floor area of the dwelling unit, or 1,200 square feet, whichever is lesser, shall be used in connection with the home-based business.

The exterior of the dwelling as well as the site shall maintain a residential appearance with no differentiation from the exterior as to which portion of the dwelling is being used in connection with the home-based business.

There shall be no storage of equipment, vehicles or supplies associated with the home-based business outside the dwelling.

There shall be no display of products visible in any manner from the outside of the dwelling, except that one nonilluminated nameplate, not to exceed one square foot in area, mounted flat against the dwelling shall be permitted.

The home-based business shall be limited to the residents of the dwelling unit and not more than two additional persons on the premises.

Use of commercial vehicles for delivery to or from the premises shall be limited to one vehicle, not to exceed 3/4 of a ton and owned by the resident of the dwelling, which shall be parked in an adequate off-street parking space on the premises. Commercial vehicles with more than two axles shall not be permitted to make deliveries of materials to or from the premises.

For those home-based businesses in which instruction or meetings are required, no more than three pupils, visitors, clients or customers shall be permitted on site at one time.

Adequate off-street parking spaces shall be provided on the premises, but in no event shall more than three spaces in addition to those required to comply with the requirements of Article X, Off-street Parking and Loading, for the residential use shall be permitted.

No equipment shall be used or process conducted which creates noise, vibration, glare, fumes or odors detectable to the normal senses at the boundary line of the premises.

No home-based business shall be conducted between the hours of 9:00 p.m. and 9:00 a.m.

Only one satellite antenna shall be permitted per property.

No antenna shall exceed an overall diameter of three meters or an overall height of 15 feet above existing grade.

Satellite dish antennas with a diameter measuring one meter or less may be installed in a manner consistent with radio and television antennas as provided for in § 43-41K. Installation of satellite dish antennas with a diameter larger than one meter shall be subject to the following conditions:

Applications shall include written documentation and certification by a licensed professional engineer or registered architect that the proposed installation complies with all building codes and regulations, including load distributions within the building's support structure for rooftop installations.

To the extent possible, all installations shall employ materials and colors that blend with the principal building and the surrounding environment.

In all residential districts such antenna shall be totally screened, for its entire height, from view at ground level from any adjacent lot or street, public or private. Screening shall be provided by any one or more of the following methods: the dwelling or building on the lot where such an antenna is located; garages, storage buildings or other accessory buildings that meet all provisions of this chapter; or landscaping and plantings that provide year-round screening. Low-level ornamental landscape treatments may be permitted along the reception window axes of the antenna's base, if full height screening would obstruct the reception window, subject to demonstration that compliance with applicable screening, yard, setback and height restrictions would result in the obstruction of the antenna's reception window and, furthermore, that such obstruction involves factors beyond the applicant's control.

The unit or units shall be used for the conduct of a business, as a residence or for a combination of business and residential uses.

The minimum average unit size shall not be less than 750 square feet.

Each unit shall comply with the New York State Building and Fire Prevention Code requirements at the time of occupancy. Any change in use from residential to commercial, or from one commercial use to another commercial use, or from commercial to residential use shall require a new certificate of occupancy.

No live-work unit is permitted on the first floor of any structure.

Vents and other air-handling or ventilation equipment, excluding residential-type air-conditioner sleeves, shall not be permitted to be placed upon any principal facade of any live-work building.

No sign may be erected in any window or on any wall of the building except for a one-foot-by-one-foot flush-mounted sign at the building entry for any live-work use within the building. In the case of a building devoted entirely to live-work units, an exception may be made and a building identification or name sign may be permitted. Additionally, a three-foot-by-two-foot flush-mounted directory may be permitted at ground level immediately adjacent to the entrance to the building.

Satellite dish antennas with a diameter measuring two meters or less may be installed in a manner consistent with radio and television antennas as provided for in § 43-41K. Installation of satellite dish antennas with a diameter larger than two meters shall be subject to the following conditions:

Applications shall include written documentation and certification by a registered engineer that the proposed installation complies with all building codes and regulations, including load distributions within the building's support structure for rooftop installations.

To the extent possible, all installations shall employ materials and colors that blend with the principal building on the property and adjacent uses in the area.

Rooftop antenna shall be screened by means of parapet walls, fences or other materials similar in color and texture to the building on which it is located. Ground-mounted antennas shall be screened in a similar manner to that required for outdoor storage for nonresidential districts as provided for in § 43-42L.