Village of Nyack - Land Uses

Accessory building or structure

Applies to a building or structure which is detached from and clearly incidental or subordinate to and customary in connection with the principal building and which is located on the same tax lot with such principal building. No residential building or dwelling shall be considered or allowed as accessory to any other residential building or dwelling. An accessory building attached to the principal building shall be considered part of the principal building. Accessory structures include garages, reviewing stands, tennis courts, platforms, gasoline pumps, standpipes, outside bins, swimming pools, pergolas, walks, fences, gate posts, signs, driveways and paved walks. The word "structure" or "building" shall be construed as though followed by the words "or part thereof."

Districts Where Allowed Districts where use is permitted as an Accessory Use: CC, DMU-1, DMU-2, M, MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Development Requirements:
(a) Accessory buildings and structures shall be compatible in design with the principal building and shall be designed to fit in with the existing development pattern in a neighborhood and overall character of the area.

(b) The Architectural Review Board shall review the design of accessory buildings and structures for design compatibility within the area of visual impact, except for garden or storage sheds less than 140 square feet in area.

(c) An accessory building may be located in any required side or rear yard, provided that:

[1] Such buildings shall be set back three feet from any lot line and, if separated from the principal building, it shall not be located less than five feet from said principal building.
[2] All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear and side yards in which it is located.

(d) Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

(e) Any accessory building shall be located at least four feet behind the front facade of the principal building on the lot. Accessory buildings in the SFR, TFR, MFR and CC Districts shall be located to the rear of the principal building. Freestanding garages in the SFR and TFR Districts should be located in the rear corner of the lot when possible.

(f) Accessory buildings with a floor area greater than 80 square feet shall be located no less than 25 feet from any street line or three feet from any side or rear lot line, except that party wall private garages for not more than two cars may be erected in any residential district across a side lot line between two adjacent lots.

(g) No accessory building shall exceed 12 feet in height measured at the peak or high point of the roof structure and one story in height.

(h) No accessory building in a residential zoning district shall exceed 7% of the maximum building coverage.

(i) Any accessory building attached to a principal building, including attachment by means of a breezeway or a roofed passageway, shall comply in all respects with the requirements of this chapter applicable to the principal building.

Accessory uses incidental to the principal use on the site

Adaptive reuse

Adaptive reuse is the renovation, alteration, modification and/or reuse ("renovation") of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, to accommodate a new use or a use other than that for which the structure was most recently legally used, which adaptive reuse is a permitted use under the zoning regulations (Chapter 360 of the Nyack Village Code), and which renovation does not increase the footprint or the lateral envelope, or the height (so long as within the maximum height and number of floors allowed under the Village Zoning regulations), of the most recently legally used structure. Only those portions of a structure containing renovations that qualify as adaptive reuse shall benefit from the zoning regulations specific to adaptive reuse, except as may otherwise be specifically set forth in §§ 360-3.2 and 360-4.5 of this chapter.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: DMU-1

Vehicle Parking:
See § 360-3.2A(1A)(c)[4] for detailed information about parking.

Development Requirements:
(a) Adaptive reuse projects are allowed by special use permit from the Planning Board in the DMU-1 zoning district.

(b) The minimum habitable floor area in an efficiency residential/dwelling unit shall be 450 square feet, and 600 square feet for a one-bedroom residential/dwelling unit.

(c) Notwithstanding the conflicting provisions of § 360-1.9, the following exceptions shall apply to the buildings in which adaptive reuse projects are proposed:

[1] Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal.
[2] Floor area. Existing floor area, if it exceeds the maximum FAR permitted by the zoning district, may remain and be considered legal.
[3] Setbacks - yards. Existing principal structures with nonconforming setbacks may remain and shall be considered legal.
[4] Parking. See "Vehicle Parking" above for details.
[5] Loading space. A new loading zone shall not be required if the existing building does not have an existing loading zone.

Adult uses

Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret, adult motel or peep show, as those terms are defined herein.

For additional terms associated with adult uses see § 360-6.1: Words defined..

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC

Vehicle Parking:
1 parking space per 333 square feet.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use within the Village of Nyack unless he has applied for and obtained a special permit from the Zoning Board of Appeals. To receive such a special permit, the applicant must satisfy the following criteria:

[1] No more than one of the adult entertainment uses as defined in § 360-6.1: Words defined shall be located on any lot.
[2] No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes.
[3] No residential use shall be established in a building of which any part is used as an adult entertainment use.
[4] No adult entertainment use shall be established closer than 500 feet to any lot line of any other adult entertainment use.
[5] No adult entertainment use shall be established closer than 200 feet to the lot line of any residential district, which shall include any zoning district that permits residential use.
[6] No adult entertainment use shall be established closer than 200 feet to the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.
[7] An adult motion-picture theater established as an adult entertainment use within the Village of Nyack, which adult motion-picture theater proposes to provide video booths for the purpose of presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by its patrons, shall be well lighted at all times and shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls wherein the adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or by any other obstruction whatsoever.

(b) The applicant must meet all other regulations of the Village of Nyack, including but not limited to district lot and bulk regulations, parking regulations and signage requirements. For purposes of this chapter, an "adult bookstore" shall be deemed "retail sales."

Animal hospital or kennel

Commercial services related to the temporary care, boarding or medical treatment of animals.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, M

Vehicle Parking:
1 parking space per 333 square feet.
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Any outdoor facilities, including outdoor dog runs and animal exercise areas, shall be set back at least 100 feet from any lot line and at least 500 feet from the boundary of any zoning district allowing residential uses. Overnight boarding facilities must be located completely indoors.

Apartments accessory for not-for-profit ambulance facility

Districts Where Allowed Districts where use is Permitted by Right: H Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, TFR

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Multifamily apartment accessory to not-for-profit ambulance facilities subject to occupancy restrictions.

All multifamily apartments shall meet the requirements for residential dwelling units contained in the New York State Fire and Building Code. At least one on-site parking space shall be required for each dwelling unit. The Planning Board shall require such reasonable covenants and restrictions to ensure that occupancy of apartments accessory to not-for-profit ambulance facilities shall be limited to emergency service providers actively associated with the ambulance facility and their spouses and children. These accessory apartments shall be located on the same lot as the ambulance service facility or an adjacent lot to the facility.

Art gallery

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Arts/crafts studio

The manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products from finished goods, not including food products, where the products are to be sold at retail, exclusively on the premises.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, OMU, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Bank

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Bar or tavern

A place of business duly licensed for the sale and on-premises consumption of alcoholic beverages by the drink as the principal or primary use, whether or not food service is also provided. For the purposes of this chapter, a "bar" shall also be deemed a "restaurant" only if food is prepared, served and consumed on the premises.

Bed-and-breakfast

A private dwelling used to provide lodging accommodations and a morning meal to visitors for compensation, provided that the owner lives on the premises and not more than six rooms are so used.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, M, MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Bed-and-breakfast. Bed-and-breakfasts shall:
(a) Be owner-occupied, with the subject property serving as the primary dwelling for the owner-operator;
(b) Be located within a structure that is permitted within the district in which it is located;
(c) Be limited to a maximum of six guest rooms;
(d) Not include cooking facilities in guest rooms, including but not limited to stoves, grills or ovens.
(e) Limit meal service to breakfast for paying overnight guests;
(f) Limit exterior alterations to those necessary to assure safety of the structure or enhance compatibility of the bed-and-breakfast with the surrounding neighborhood; and
(g) Limit advertising signage to one on-site sign a maximum of nine square feet in area.

Brew pub

A restaurant containing a microbrewing facility for the brewing and storage of beer only, primarily for consumption on premises. Such brewing facilities shall be accessory to a restaurant.

Bus or train station

A facility providing services for passengers related to boarding and alighting from buses and trains. Not included is a station serving passengers arriving by automobiles that require daily or long-term parking or a station used for freight.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2 Districts where use may be permitted with Special Use Permit: M, RMU

Vehicle Parking:
1 parking space per 222 square feet.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Cannabis Retail Dispensaries

ADULT-USE RETAIL DISPENSARY
"Retailer" means any person who sells at retail any cannabis product to cannabis consumers 21 years or older. A retail dispensary license issued by New York State authorizes the acquisition, possession, sale and delivery of cannabis from the licensed premises of the retail dispensary by such licensee to cannabis consumers.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Adult-use retail dispensary.
(a) An adult-use retail dispensary shall be allowed in the Corridor Commercial (CC) District with frontage along an arterial road as defined by the NYSDOT, and in the Downtown Mixed Use - 1 (DMU-1) District with frontage along Main Street, North and South Broadway, and South Franklin Street, subject to a special permit from the Planning Board being issued for siting any adult-use retail dispensary.

(b) The applicant shall submit proof of licensure by the permitting authority.

(c) No building or structure associated with an adult-use retail dispensary shall be located within 500 feet of any school property (including any property owned or leased by a public-school board), or within 200 feet of a house of worship.

(d) All adult-use retail dispensaries shall limit their hours of operation from 8:00 a.m. to 10:00 p.m., Monday through Saturday.

(e) Any adult-use retail dispensary must be located in a permanent, enclosed building, and shall not include a drive-up use. Siting of an adult-use retail dispensary must also comply with any limitations as to location set forth in New York State law governing the same.

(f) Marijuana plants, products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable marijuana shall be secured in compliance with applicable federal, state and local laws and regulations.

(g) The adult-use retail dispensary must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers.

(h) The adult-use retail dispensary shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the recreational marijuana business or at any adjoining use or property.

(i) The premises shall have in operation a security system approved by the Orangetown Police Department, including alarms and surveillance cameras designed to notify law enforcement officers that a crime or disorderly person's activity is in progress. The management of the retail dispensary must maintain camera surveillance data backup and retain such data for a minimum of 60 days.

(j) The Police Department shall be provided the name and phone number of a contact person to notify regarding suspicious activity during or after operating hours. A burglarproof drop safe that regulates an employee's access to cash shall be used on the premises.

(k) The exterior portion of an adult-use retail dispensary including parking areas, shall be well lit during business hours. Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the property and shall comply with the Village of Nyack's lighting standards per § 360-4.10: Lighting.

(l) Smoking, as defined in § 1399-N Subdivision 8 and 9 of the New York State Public Health Law (including but not limited to smoking cannabis and vaping), shall be prohibited within 50 feet of the exterior boundary of the lot on which a retail dispensary is located.

(m) The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Cemetery

Clubhouse, community center or place of worship

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2 Districts where use may be permitted with Special Use Permit: MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
1 parking space per 500 square feet.
See also Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Clubhouse, community center and place of worship. The Village shall have the authority to grant modifications to any of the standards listed in this section in order to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. § 2000), as amended. In granting such a modification, the Village may require conditions consistent with the federal act that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties.

Commercial recreation – indoor

Indoor uses in this category may require larger indoor areas to accommodate equipment or facilities for the proposed activity. Examples include: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; and indoor play parks.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M

Vehicle Parking:
1 parking space per 500 square feet.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Commercial recreation – outdoor

Outdoor uses in this category are typically land-intensive uses that provide continuous recreation or entertainment-oriented activities. They may take place in a number of structures that are arranged together in an outdoor setting. Examples include: Commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; commercial amphitheaters; privately-owned active sports facilities such as ball fields.

Conversion of single- or two-family dwelling to three-family dwelling

Conversion of single-family dwelling to two-family dwelling

Day-care center, adult

A nonresidential facility in which daytime care, supervision, monitoring, personal care, nutrition and socialization are provided for adults and impaired individuals. An adult day-care center must comply with the standards and applicable regulations of the New York State Office for the Aging or its successor.

Districts Where Allowed Districts where use is Permitted by Right: OMU, RMU Districts where use may be permitted with Special Use Permit: DMU-1, DMU-2

Vehicle Parking:
1 parking space per staff member plus 1 parking space per 8 attendees allowed under maximum occupancy.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Day-care center, child and nursery school; day-care center, adult. A day-care center provided as an accessory use shall comply with these standards. A day-care center or nursery school associated with and located on the same parcel as a place of worship shall be considered a second principal use and requires approval as such. Day-care centers shall comply with the following standards:

(a) Licensed or authorized by the State of New York.

(b) If allowed as an accessory use to a permitted commercial use, the day-care use shall not exceed 20% of the floor area of the principal use.

(c) In addition, child day-care centers and nursery schools shall provide an outdoor play area meeting the following additional standards:

[1] Include a fence at least 3 1/2 feet in height that completely encloses the play area, that is designed so all persons entering the play area are within direct line of sight from the classroom areas;

[2] Not locate play equipment within the required yard or setback of any district;

[3] Be safely segregated from parking, loading or service areas; and

[4] Not conduct outdoor play activities before 8:00 a.m. or after 8:00 p.m.

Day-care center, child, or nursery school

An establishment, also known as a "child-care center," providing for the care, supervision and protection of children.

Districts Where Allowed Districts where use is Permitted by Right: OMU, RMU Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, MFR-1, MFR-2, MFR-3, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
1 parking space per staff member plus 1 parking space per classroom.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Day-care center, child or nursery school.

(a) The number of children being served within a facility at any one time (including staff) shall not exceed one person per 300 square feet of living area.

(b) A minimum of 30% of the site shall remain as an open planted area, landscaped area, natural vegetation area or usable yard, to exclude buildings, driveways, parking areas, sidewalk, etc.

(c) All dimensional standards of the underlying zoning district shall apply.

(d) Bus transportation to the facility shall not be permitted.

Drive-in or drive-thru facility

Any service window, automated device or other facility that provides goods or services to individuals waiting in a motor vehicle.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC

Development Requirements:
(a) Existing parking or loading stalls must not be utilized as part of a drive-through lane.

(b) Each drive-in or drive-through facility located on a lot or site adjacent to a lot containing a residential use must be limited to operate between the hours of 9:00 a.m. to 9:00 p.m. unless the drive-in or drive-through facility is separated from the residential structure by an intervening building, alley or public street.

(c) No portion of a drive-in or drive-through facility may be located in a required front yard except as required to access the drive-in or drive-through facility.

(d) The length of the drive-in or drive-through shall be sufficient to accommodate 100% of the anticipated volume on site during peak hours of operation. In no case shall such a facility be designed so that peak activity will result in cars stacking onto the adjacent public street.

Dwelling, mixed use

A dwelling unit located above the street level of a building with nonresidential uses located on the street level or dwelling unit located behind the front commercial use.

Districts Where Allowed Districts where use is Permitted by Right: DMU-1, DMU-2, OMU, RMU Districts where use may be permitted with Special Use Permit: WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Mixed-use.

(a) Access to any individual residential/dwelling units above the street level must be provided from an enclosed lobby or corridor and stairwell, and must not pass through the use located on the first floor of the building. Unenclosed or partially enclosed exterior stairwells are prohibited.

(b) The minimum habitable floor area in an efficiency residential/dwelling unit shall be 450 square feet, and 600 square feet for a one-bedroom residential/dwelling unit.

(c) For adaptive reuse projects, AOSP shall not be required for the first four residential/dwelling units in the DMU-1 zoning district.

Dwelling, multifamily (4+ units)

A residential building that contains four or more dwelling units that share common walls or common floors/ceilings with one or more dwelling units. The land upon which the building sits is not divided into separate lots.

Districts Where Allowed Districts where use is Permitted by Right: DMU-1, DMU-2, MFR-1, MFR-2, MFR-3, RMU Districts where use may be permitted with Special Use Permit: WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Dwelling, single-family attached

Three or more side-by-side attached dwelling units sharing one or more common walls with each dwelling unit located on a separate lot.

Dwelling, single-family detached

A building containing one dwelling unit not physically attached to any other principal structure.

Dwelling, three-family

A building containing three individual dwelling units located on a single lot. The units must be located side-by-side with a common wall or one above the other with a common floor/ceiling.

Districts Where Allowed Districts where use is Permitted by Right: MFR-1, MFR-2, MFR-3, OMU, RMU Districts where use may be permitted with Special Use Permit: WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Dwelling, two-family

A building containing two individual dwelling units located on a single lot. The units must be located side-by-side with a common wall or one above the other with a common floor/ceiling.

Fast-food establishment

A drive-in establishment whose principal business is the sale of pre-prepared or rapidly prepared food, frozen desserts or beverages directly to the customer in a ready-to-consume state from a counter or drive-thru window for consumption either within the restaurant building, in vehicles on the premises or off the premises. A fast-food establishment shall not be considered a "restaurant" or a "take-out restaurant."

Governmental use

A facility owned or operated by the Village or other government entity and not subject to the standards of this chapter, including but not limited to: water supply reservations; parks and open space; playgrounds; libraries; firehouses; police stations; and public parking areas.

Group home

A noninstitutional home set up in theory, size, appearance and structure to bear the general character of a family unit in a relatively permanent household headed by a householder or householders which is operated or sponsored by or subject to the approval of a public social service agency or private nonprofit child caring agency, authorized by the New York State Department of Social Service.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR

Vehicle Parking:
1 parking space per staff member plus 1 parking space for every 5 residents.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
In furtherance of the policy of the State of New York to deinstitutionalize those persons who cannot be cared for in their natural homes by placing them in small, dispersed group homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply:

(a) Said home shall be operated or sponsored by a public social service agency or nonprofit agency, authorized by the New York State Department of Social Services.

(b) Said home shall have a maximum occupancy of six persons, excluding full-time sleep-in personnel.

(c) Said home shall be set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household. As such it shall not permit transients or transient living.

(d) Said home shall conform to and shall be maintained in accordance with the overall character and appearance of the surrounding neighborhood. No sign that advertises the use or occupancy of said home shall be erected.

(e) Any applicant for a special permit for an agency group home shall submit the following information to the Zoning Board of Appeals:

[1] The governmental authorization to operate said facility.
[2] A complete statement of the proposed number, age and permanency of residence of the persons to be cared for, and the number and qualifications of both resident and nonresident adult supervisory personnel.
[3] Proof of licensure.

(f) Any change in the operation that requires a change of licensure of any approved group home shall be subject to a complete new application for a special permit, in accordance with the same standards and procedures as required for the original application.

Home occupation

An accessory use of a dwelling unit for commercial purposes that does not alter the exterior of the property or affect the residential character of the neighborhood. Such occupation must be incidental to the residential use of the premises and carried on in the principal building by a resident thereon with not more than one nonresident assistant. Only customary household appliances and equipment shall be used in such occupation. Such occupation shall be carried on in an area not exceeding 30% of the area of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11: Signs.

Districts Where Allowed Districts where use is permitted as an Accessory Use: DMU-1, DMU-2, MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
1 parking space.
See also Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) No display of goods or signs shall be visible from the street, except as set forth in § 360-4.11: Signs.
(b) Such occupation must be incidental to the residential use of the premises and carried on in the principal building by a resident thereon with not more than one nonresident assistant.
(c) Only customary household appliances and equipment shall be used is such occupation.
(d) Such occupation shall be carried on in an area not exceeding 30% of the area of the first floor of the main building.

Hospital, clinic or related health care facility

HOSPITAL, CLINIC OR RELATED HEALTH CARE FACILITY
An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, that is licensed by state law to provide such services. Hospitals may include inpatient medical or surgical care for the sick or injured and related facilities such as laboratories, outpatient departments, training facilities, central services facilities, freestanding outpatient facilities and staff offices that are an integral part of the facilities. Cafeterias, restaurants, florists, gift shops, pharmacies and other typical and subordinate uses may be permitted subject to the standards for accessory uses.

Hotel or motel

A facility offering lodging accommodations with more than 10 rooms to the general public. Such uses may include typical accessory uses, including restaurants, retail sales and services and meeting/conference facilities.

Districts Where Allowed Districts where use is Permitted by Right: CC Districts where use may be permitted with Special Use Permit: DMU-1, DMU-2, M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Hotels or motels providing more than 100 guest rooms shall include recreational facilities on site such as swimming pools, gymnasiums and other typical health club facilities, and open space recreation areas.

Industrial service use

A facility used in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Industrial service firms that service or repair consumer goods do so primarily by providing centralized services for separate retail outlets, rather than for individual customers. Few customers, especially the general public, come to the site. Examples include: Building contractor facilities, yards and preassembly yards; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; building, heating, plumbing or electrical contractors; exterminators; janitorial and building maintenance services; laundry, dry-cleaning and carpet cleaning plants; schools for industrial trades.

Inn

A facility offering lodging accommodations with no more than 10 guest rooms. Meals may be served to customers currently residing at the inn and their guests, only.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2 Districts where use may be permitted with Special Use Permit: M, OMU, RMU, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Live/work space

A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

Manufacturing and production – heavy

MANUFACTURING AND PRODUCTION USES
Facilities used in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins or liquors. Also known as "industrial uses." Uses are divided into two subgroups based on the potential for noxious impacts, amount of outdoor storage and operations, and the demand for heavy truck traffic

HEAVY
Facilities within and outside that generate outside of the property of noise, odor, vibration or dust, or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication or processing exceeds 25% of the floor area of buildings on the lot. Examples may include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; and lumber, pulp and paper mills. Specifically prohibited are rendering, petroleum refining, asphalt/concrete plants and manufacture of chemicals, fertilizers, paint and turpentine.

Manufacturing and production – light

MANUFACTURING AND PRODUCTION USES
Facilities used in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins or liquors. Also known as "industrial uses." Uses are divided into two subgroups based on the potential for noxious impacts, amount of outdoor storage and operations, and the demand for heavy truck traffic.

LIGHT

Facilities for the transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, odor, vibration or fumes. Examples may include, but are not limited to: production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; and manufacturing of jewelry, clothing, trimming decorations and any similar item.

Mechanical amusement device

Any table, board, machine, device or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or made possible by means of a lever, switch, electric current or by the deposit or insertion of any coin, plate, disc, slug or key into any slot, crevice or opening, or by the payment of any fee or fees, and which operates, or which may be operated for use as a game, contest or amusement or which may be used for any such game, contest or amusement, but which table, board, machine, device or apparatus does not contain a payoff device and which does not return or vend any article or merchandise or any money, coin, check or token. This does not include picture taking and laminating machines, merchandise vending machines, electronic weight or reading machines or jukeboxes and other machines used solely for reproduction of music or sound.

Districts Where Allowed Districts where use is permitted as an Accessory Use: CC, DMU-1, DMU-2, RMU

Development Requirements:
(a) The lot line of any establishment within which device or devices shall be located shall be at least 500 feet from the lot line of any school building, school playground, clubhouse, community center or place of worship.

(b) If combined with other uses it shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses. The room shall be arranged so that there is a management attendant within the room, or such that management attendants outside the room can easily see and supervise the interior of the room.

(c) Adequate space shall be provided for each machine so as to allow its use without overcrowding. A minimum width of two feet shall be provided per machine where the machine is designed for use by one player, and 3 1/2 feet where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle width beyond this five feet of an additional three feet.

(d) No machine may block any entrance or exit from the premises.

(e) Readily visible signs shall be installed, with their location, size and text shown in the plans submitted to the Planning Board, indicating that the use of machines by persons under 16 years of age shall not be permitted between the hours of 10:00 p.m. and 8:00 a.m. or during normal school hours, and where the premises are used primarily for the serving or consumption of liquor, that the use of amusement machines by persons under the New York State permitted age for the possession of alcoholic beverages is prohibited at all times.

Medical educational facilities

Microbrewery

A brewing establishment which brews fewer than 15,000 barrels or fewer than 30,000 kegs per year.

Museum

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, OMU, RMU Districts where use may be permitted with Special Use Permit: WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Not-for-profit ambulance facilities

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, TFR

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Not-for-profit ambulance facilities are structures housing a facility dedicated to providing off-site emergency medical service and administering emergency care to those with acute medical problems, typically by providing transportation for individuals with acute medical problems to health care facilities.

Office – general

Professional offices; financial services, such as mortgage lenders, brokerage houses, administrative and back office banking facilities; real estate agents; data processing; government offices; public utility offices; social service agency offices; television and radio studios.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, OMU, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Office – medical

OFFICE, MEDICAL AND DENTAL
A type of office use distinguished by a higher than typical number of customer visits. Examples include medical and dental clinics; chiropractic clinics; medical and dental labs; blood-collection facilities; physical therapy clinics.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, OMU, RMU Districts where use may be permitted with Special Use Permit: M

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
See also "Professional offices related to medical use"

Office/studio – professional in a residential building

The office of a member of a "professional" occupation listed in Title VII of the Education Law of the State of New York, Article 1 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York, excluding dentist, physician, veterinarian and other medical professionals. The owner of the dwelling unit must reside therein and maintain his/her professional studio/office therein with not more than one nonresident assistant. Only customary household appliances and equipment shall be used. Such occupation shall be carried on in an area not exceeding 50% of the area of one floor of the dwelling unit so used. No display of goods or sign shall be visible from the street, except as set forth in § 360-4.11.

Districts Where Allowed Districts where use is permitted as an Accessory Use: CC, DMU-1, DMU-2, MFR-2, OMU, RMU, SFR-1, SFR-2, TFR

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
A professional office or studio, including, but not limited to, those of an architect, artist, dentist, engineer, lawyer, musician, teacher or physician, but not including veterinarians, is permitted as an accessory use on a lot where the principal use is residential, provided that:

(a) Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one nonresident assistant.

(b) In any residential building other than a multifamily building, such office or studio shall occupy not more than 30% of the area of the first floor of the principal building or shall be located in a legal detached accessory building. This limitation shall not apply to structures located in the DMU-1, DMU-2, OMU or RMU Districts.

(c) In a multifamily residential building, not more than one professional office or studio shall be permitted for each 25 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor, and there shall be direct access to such office or studio from outside the building.

(d) Studios where dancing or music instruction is offered to groups in excess of four pupils at one time, or where concerts or recitals are held, are prohibited.

(e) All signs shall comply with the regulations of § 360-4.11: Signs.

Off-street parking, open and enclosed

Outdoor dining

Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use and which is located on the same lot as the principal use.

Districts Where Allowed Districts where use is permitted as an Accessory Use: CC, DMU-1, DMU-2, OMU

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) Intent. Outdoor dining other than in the form of a sidewalk cafe as defined in this chapter shall be permitted as an accessory use that is incidental to and in conjunction with an established permitted restaurant, bar or delicatessen as permitted in the DMU-1, DMU-2, CC and WF Districts, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses. Outdoor cabarets and outdoor dining in conjunction with a cabaret are specifically prohibited.

(b) Standards and requirements.

[1] Areas utilized for outdoor dining shall comply with setback requirements for a principal building for the district in which such use is located.
[2] Areas utilized for outdoor dining shall not be located within 50 feet of the boundary of any SFR, TFR or MFR District.
[3] Areas utilized for outdoor dining shall be included in the calculation of required parking for the principal use.
[4] All outdoor dining areas pursuant to this section shall provide a food menu, but this shall not be interpreted to prohibit the service of beverages only.
[5] Operating restrictions. The Building Inspector or Planning Board may prohibit or limit the hours of operation of any activities that may impact an adjacent or nearby properties, such as the operation or use of musical instruments or sound reproduction devices, or any noise emanating from the outdoor dining area other than the conversational and service sounds.

[a] All windows and doors on the building or establishment holding a permit issued pursuant to this section shall be closed, and any furnishings used in association with the outdoor dining area shall be removed from the outdoor dining area, at or before 11:00 p.m. following an evening of food and beverage service.

Outdoor storage and display-oriented retail

Districts Where Allowed Districts where use is Permitted by Right: CC Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
1 parking space per 500 square feet.
See also § 360-4.5: Parking and loading for detailed parking information and Minimum Parking Requirements for land use specific standards.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Parking – structured

PARKING USES, NONACCESSORY
Parking facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as nonaccessory parking. Uses are divided into two subgroups based on provision of parking in surface lots or in structures (above or below ground.)

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, M, RMU

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Development Requirements:
Parking structures shall meet the following standards:

(a) Indoor parking facilities shall generally be integrated within the principal building or constructed as a separate structure behind the principal building.
(b) Facade openings shall be screened so that light and vehicles are not visible from public streets. Openings facing a public street shall not expose vehicle ramps, and the floors fronting on street-facing facades must be level.
(c) A parking garage may front on a public street when it has been designed to include a first floor retail wrap meeting the following standards:

[1] The wrap faces on all streets, except alleys, for the entire length of the building, except for those places necessary to provide ingress and egress into the parking areas;
[2] The depth of the retail wrap is a minimum of 25 feet; and
[3] The space is used for retail, restaurant, municipal or other pedestrian-oriented uses permitted in the zoning district.

This use is also permitted as an accessory use in the DMU and WF Districts.

Parking – surface lot

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Development Requirements:
Off-street parking as a principal use shall meet the following standards:

(a) No other business of any kind shall be conducted on the lot, including repair service, washing, display or storage of vehicles or other goods;
(b) Comply with all applicable standards for landscaping and parking lot design in § 360-4.5K.

Personal services

Establishments engaged in providing retail services such as banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes and crematoriums.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, OMU, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
In the RMU District no individual personal services or retail sales and services use shall exceed 5,000 square feet of floor area.

Printing and publishing

The art, process or business of producing printed material by means of inked type and a printing press or by similar means.

Districts Where Allowed Districts where use is Permitted by Right: DMU-1, DMU-2, M, RMU

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
In the DMU and CC Districts this use is permitted only when use shall not exceed 7,500 square feet of floor area.
In the RMU District this use is permitted only when use shall not exceed 5,000 square feet of floor area.

Professional offices related to medical use

OFFICE, MEDICAL AND DENTAL
A type of office use distinguished by a higher than typical number of customer visits. Examples include medical and dental clinics; chiropractic clinics; medical and dental labs; blood-collection facilities; physical therapy clinics.

Public libraries

A nonprofit library maintained for public use, generally funded from public sources.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, M, MFR-1, MFR-2, MFR-3 Districts where use may be permitted with Special Use Permit: OMU, RMU, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Research and development

Laboratories and related offices devoted to research, design, experimentation and/or product testing.

Residential treatment facilities meeting the requirements of the relevant state and county authorities

Restaurant

An establishment where food and drink are prepared, served and consumed, mostly within the principal building. A bar shall also be deemed a restaurant only if food is prepared, served and consumed on the premises. A fast-food establishment or a take-out restaurant shall not be considered a restaurant.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Restaurant, take-out restaurant, bar or tavern and fast-food establishment.
(a) Drive-in or drive-thru facilities are prohibited, except as a special permit use in the CC District in accordance with the additional standards of § 360-3.2E(2).

(b) No bar or tavern may be located within 200 feet of the following use types: parks, secondary or elementary schools, community centers and places of worship. The distance shall be measured from the each and every corner of the building housing the bar or tavern to the property line of the above-listed use types.

Restaurant, take-out

An establishment primarily engaged in the sale of food and beverages selected by patrons from a limited line of specialized items for consumption either on or off the premises, in a facility where the floor area available for dining is less than 1/2 the gross floor area, a major portion of the sales to the public is stand-up-type counter. The term "take-out restaurant" shall not include bakeries, delicatessens or similar types of retail establishments unless they have tables or counters where diners are seated.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
See § 360-3.2B(7) for detailed information.

Retail sales and service

Establishments selling, leasing or renting consumer, home and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterer, artist/artisan's studios, and similar.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
In the RMU District, no individual retail sales or service use shall exceed 5,000 square feet in floor area.

Retirement home, nursing home or assisted-living facility

A building, whether operated for profit or not, which provides housing, meals, health care assistance and personal services to one or more adults who are not relatives of the owner or proprietor.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, MFR-1, MFR-2, MFR-3, OMU, RMU, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) The number of residents living within a facility at any one time (including live-in staff) shall not exceed one person per 400 square feet of living area.

(b) A minimum of 30% of the site shall remain as an open planted area, landscaped area, natural vegetation area or usable yard, to exclude buildings, driveways, parking areas, sidewalk, etc.

(c) All dimensional standards of the underlying zoning district shall apply.

School – elementary and secondary

A public or private school at the primary, elementary, junior high or high school level that provides state-mandated basic education, including such school owned or operated by a religious entity.

Districts Where Allowed Districts where use is Permitted by Right: MFR-1, MFR-2, MFR-3, SFR-1, SFR-2, TFR Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, OMU, RMU, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
A school associated with and located on the same parcel as a place of worship or other principal use shall be considered a second principal use and requires approval as such.
(a) The site shall meet the minimum standards established by the State Department of Education.
(b) In the case of private or parochial schools, these standards shall be used as guides, but if the site is below the state standards, the nonpublic schools will be reviewed as a special permit use.

School – specialized

A school primarily engaged in offering specialized trade, business or commercial courses, but not academic training. Also specialized and nondegree-granting school, such as a music school, dramatic school, dance studio, martial arts studio, language school and other short-term examination preparatory schools.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, WF

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
A school associated with and located on the same parcel as a place of worship or other principal use shall be considered a second principal use and requires approval as such.

Self-storage

A facility that provides separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

Sidewalk cafe

Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use and located on the sidewalk within a public street adjacent to the lot on which the principal use is located.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: DMU-1, DMU-2, WF

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
Intent.
Sidewalk cafes may be permitted by special permit of the Building Inspector, provided that such use is incidental to and in conjunction with an established permitted restaurant, bar or tavern, or take-out restaurant as permitted in the DMU-1, DMU-2, RMU and WF Districts, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses. Sidewalk cafes and outdoor cabarets in conjunction with fast-food establishments are specifically prohibited.

See § 360-3.2E(7) for complete, detailed information.

Signs

Any writing (including word, letter or numeral), pictorial representation, emblem (including symbol, logo or trademark), flag, pennant, insignia, border tubing, permanent sculptures, awning or other device of similar character which is attached to, painted on, or in any other manner represented on a building, structure or a building's window or door (inside or outside) and is used to identify, announce, direct, attract or advertise and is visible from outside the building.

Solar energy collectors

A device or combination of devices which relies upon solar radiation as an energy source and that is employed for the purpose of heating or cooling a building, the heating of water or the generation of electricity.

Districts Where Allowed Districts where use may be permitted with Special Use Permit: CC, DMU-1, DMU-2, H, M, MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Development Requirements:
Applicability.

[1] The requirements of this subsection shall apply to all solar energy systems permitted, installed, or modified in Village of Nyack after the effective date of this subsection, excluding general maintenance and repair.

[2] Solar energy systems constructed or installed prior to the effective date of this subsection shall not be required to meet the requirements of this subsection.

[3] Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this subsection.

[4] All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Village Code except that the New York State Unified Solar Panel Application form (updated by NYS in October 2016) shall be acceptable for permitting solar installations in the Village of Nyack.

General requirements.
All solar energy collectors shall be subject to the following requirements:

[1] Solar energy collectors shall be structures and shall require a building permit and certificate of compliance issued by the Building Inspector.
[2] Solar energy collectors shall be located in areas and ways that best mitigate their visibility from surrounding properties when possible, and they shall not be unnecessarily bright, shiny, garish or reflective.
[3] Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net billing or similar program in accordance with New York Public Service Law § 66-j or similar state or federal statute.
[4] All solar energy collectors shall have antireflective coatings.

See § 360-3.2E(10) for complete, detailed information.

Swimming pool

Districts Where Allowed Districts where use is permitted as an Accessory Use: CC, DMU-1, DMU-2, MFR-1, MFR-2, MFR-3, OMU, RMU, SFR-1, SFR-2, TFR, WF

Development Requirements:
Any outdoor swimming pool with an area of 100 square feet or more and a depth in excess of two feet accessory to a residential use shall meet the following requirements:
(a) The pool shall not be operated for gain.
(b) The edge of the pool shall be kept a distance of not less than 20 feet from all property lines.
(c) If located within 50 feet of any property line, such pool shall be screened from the view of abutting properties.
(d) All requirements of the New York State Uniform Fire Prevention and Building Code pertaining to swimming pools shall be met.

Telecommunications facility – co-located

TELECOMMUNICATIONS FACILITY
Any and all structures utilized for the transmission and reception of wireless communication signals of any kind, inclusive of an accessory facility, antenna(s) and a telecommunications tower or equipment.

CO-LOCATED
Any wireless telecommunication services facility located upon an existing freestanding tower or attached to a building, including directional antennas (such as panels, microwave dishes, satellite earth station antennas over two meters in diameter) and omni-directional antennas (such as whips). This term does not include antennas two meters or less in diameter.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, M, OMU, RMU Districts where use may be permitted with Special Use Permit: WF

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
See § 360-3.2D(1)(c)[10][a] for detaills on co-located facilities.
See also § 360-3.2D(1) for complete, detailed information about Telecommunications facilities.
See Special Permit Uses for information on special permits.

Telecommunications facility – freestanding

TELECOMMUNICATIONS FACILITY
Any and all structures utilized for the transmission and reception of wireless communication signals of any kind, inclusive of an accessory facility, antenna(s) and a telecommunications tower or equipment.

FREESTANDING
Any wireless telecommunication services facility structure that is not connected to a building and that is designed and constructed primarily for the purpose of supporting one or more antennae.

Districts Where Allowed Districts where use is Permitted by Right: WF Districts where use may be permitted with Special Use Permit: OMU

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) Purpose.

[1] The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Village of Nyack, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Village, with special attention to the aesthetic qualities of this Hudson River riverfront residential community. The Village seeks to maintain concealed or reduced antenna/tower height with groups of antennas/towers within close proximity to one another rather than isolated antennas/towers with many users at greater heights and at random locations throughout the Village. Where available, co-location is mandatory. The applicant shall bear the burden of showing, by clear and convincing evidence, that co-location is not possible.

[2] These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services, nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

See Special Permit Uses for information on special permits.
See § 360-3.2D(1) for complete, detailed information about Telecommunications facilities.

Theater or cinema

A building or part of a building used to show motion pictures or for drama, dance, musical or other live performances.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, RMU Districts where use may be permitted with Special Use Permit: M

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Utility structure

Electric, telephone and communication lines, poles, equipment and structures, water or gas pipes, mains, valves or structures or sewer pipes, valves or structures maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or creature of the local, state or federal government or by any privately owned public utility corporation. Such facilities include but are not limited to pumping and pressure control stations, telephone equipment huts, pad mounted transformers, stand pipes, tanks and electricity regulating substations. Not included are microwave, radio, television and other telecommunication towers.

Districts Where Allowed Districts where use is Permitted by Right: CC, DMU-1, DMU-2, M, RMU Districts where use may be permitted with Special Use Permit: MFR-1, MFR-2, MFR-3, OMU, SFR-1, SFR-2, TFR, WF

Vehicle Parking:
1 parking space per 300 square feet.
See also Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Vehicle-related uses – general

VEHICLE-RELATED USE
Sales of motor vehicles or services related to motor vehicles. Uses are divided into two subgroups based on the intensity of the use, vehicle types sold or serviced, amount of outdoor service or storage, and the potential for noise- and odor-related externalities.

GENERAL
General vehicle-related uses include limited service of passenger vehicles and the sale of vehicle parts, with outdoor storage limited to 25% of the lot size and all mechanical work performed within an enclosed building. Examples include:

(1) Car washes and auto detailing;
(2) Gasoline filling stations, other than truck stops, with no on-site vehicle repair; and
(3) Retail sales of passenger vehicle parts.

Districts Where Allowed Districts where use is Permitted by Right: CC

Vehicle Parking:
See Minimum Parking Requirements for land use specific standards and § 360-4.5: Parking and loading for more detailed parking information.

Merchandise Loading:
See § 360-4.6: Off-street loading berths for off-street loading information.

Development Requirements:
(a) The minimum lot size for such uses shall be 20,000 square feet, and the minimum street frontage shall be 150 feet.

(b) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than 10 feet to any property lines and shall be so laid out as to allow any vehicle entering the property to turn around on site and not have egress by backing out across any public right-of-way or portion thereof.

(c) Vehicle lifts or pits, dismantled or disabled automobiles and all parts or supplies shall be located within a building enclosed on all sides.

(d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

(e) The storage of gasoline in bulk shall be located fully underground and not nearer than 35 feet to any property line other than the street line.

(f) No gasoline pumps shall be located nearer than 15 feet to any street line.

(g) No building permit shall be issued for a motor vehicle service station within a distance of 200 feet of any school, clubhouse, community center, place of worship or hospital, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises are located.

(h) No new automobile service station and no gasoline or oil pump or automotive service appliance, unless within a building, shall be permitted to be established on a lot that is within 600 feet of another lot on which there is an existing automobile service station or outdoor gasoline or oil pump or automotive appliance, or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance. Such distance shall be measured in all directions along public rights-of-way.

(i) A fuel pump canopy shall meet the following standards:

[1] The canopy shall utilize compatible architectural design and materials as the principal building(s) on the lot.
[2] Light fixtures mounted under canopies shall be full cut-off and shielded so that there is no glare or light spillage at the property line.
[3] Lights shall not be mounted on the top or sides (fascias) of the fuel pump canopy, and the sides (fascias) of the canopy shall not be externally illuminated.

Vehicle-related uses – intense

VEHICLE-RELATED USE
Sales of motor vehicles or services related to motor vehicles. Uses are divided into two subgroups based on the intensity of the use, vehicle types sold or serviced, amount of outdoor service or storage, and the potential for noise- and odor-related externalities.

INTENSIVE
Intensive vehicle-related uses allow for the sales and service of motor vehicles, including heavy vehicles and equipment. Outdoor storage areas for vehicles, parts or other supplies may exceed 25% of the lot size. Examples include:

(1) Vehicle repair and servicing, including the installation of vehicle parts;
(2) Vehicle sales or rental; and
(3) Vehicle storage yards, including towing and wrecker service

Waterfront facilities

Uses and facilities appropriate to waterfront settings, limited to:

A. Facilities for hauling, launching, mooring, dry storage and drysailing of boats. Boat storage shall not exceed 25 feet in height, excepting masts and rigging.

B. Public and private recreation facilities requiring a waterfront location, such as boat launches, fishing piers and docking and swimming facilities.

C. Maritime centers and similar facilities which utilize the waterfront for recreational, educational, cultural or scientific uses.

D. Waterfront trails, parks and scenic overlooks.

E. Retail sale of materials, supplies, parts, tools and other equipment used in connection with boats.

F. Retail sale of bait, supplies, equipment, materials and parts used in connection with fishing.

G. Facilities for the sale and/or rental of boats, new and/or used.

H. Fishing piers, including facilities for docking and transfers of catch from boat to ground transport.

I. Docking facilities for tour boats, services and similar passenger vessels.

Wholesale storage, warehousing and freight movement use

WHOLESALE STORAGE, WAREHOUSING or FREIGHT MOVEMENT USE
Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Examples include: Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch; fleet parking; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel and other aggregate materials.

Village of Nyack, NY

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