(a) Rooftop dining areas shall provide a food menu to customers, and shall be equipped to serve food; but this shall not be interpreted to prohibit serving customers only beverages to those customers who choose not to purchase any food.
(b) Hours of operation shall be limited to no later than 11:59 p.m. on Fridays, Saturdays and days preceding federal and/or New York State holidays, and 10:00 p.m., Sunday through Thursday.
(c) To the extent feasible, as determined by the Village Planning Board, any lighting fixtures shall be compliant with the applicable standards of DarkSky International, and designed to effectively eliminate glare and sharply cut off lighting levels at the property line. Lighting for safety purposes shall be permitted above the railing level. All lighting associated with the rooftop must be turned off when the rooftop area is not in use.
(d) Rooftop dining areas shall comply with all applicable noise regulations prescribed in the Code of the Village of Nyack (Village).
(e) Screening shall be provided with landscaping and/or a fence, trellis or overhead pergola, and/or other screening to be reviewed and approved by the Village Planning Board based on the specific site circumstances.
(f) Rooftop dining areas shall provide permanent barriers, walls and/or fencing around the periphery of the dining area, at a minimum height of 54 inches, so as to ensure the safety of persons and property.
(g) The design, operation and use of the rooftop dining seating area shall be approved, and certified with a signature and seal, by a qualified and New York State licensed professional engineer, which professional engineer shall certify that the rooftop is capable of the live load to be utilized by the establishment and the design of the load.
(h) The playing, performing, broadcasting, presenting or operating of any device, instrument, machine, appliance, apparatus or mechanism that produces, creates, generates, transmits, makes, broadcasts, airs or emits music, or sound of any kind, shall be subject to the regulations and proscriptions of Chapter
238, Noise, of the Code of the Village of Nyack.
(i) Rooftop dining shall not be considered a story for purposes of measuring or determining the height of a building or structure under this Chapter
360, Zoning.