Village Board of Trustees Meeting

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting June 8, 2023 7:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Adoption of Minutes – May 25, 2023 3. Public Hearing – • 8:00 PM Continuation of previously opened public hearing on Minimum Off-Street Parking. • 8:30 PM Consideration of cell tower construction proposal at property owned by the Village of Nyack located at 230 Route 59, West Nyack, NY 10994 (Water Department) 4. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit. 5. Action Items 5.1 Resolution No. 2023-91 Resolution of the Nyack Village Board accepting audited voucher summary. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of June 8, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 14 in the amounts of General Fund– $58,033.39 Parking Fund – $30,844.15 Water Fund – $35,958.79 Capital Projects – $3,206.16 Trust and Agency - $1,248.34 5.2 Resolution No. 2023-92 Resolution of the Nyack Village Board Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, with respect to Adaptive Reuse and Minimum Accessory Off-Street Parking Requirements in the DMU-1 Zoning District A regular meeting of the Board of Trustees of the Village of Nyack (“Village”) was convened on June 8, 2023, at 7:30 PM; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code; which amendments, in summary, propose to eliminate minimum accessory off-street parking requirements for commercial uses in the DMU-1 Zoning District, and reduce minimum off-street parking requirements for residential uses resulting from the conversion of existing buildings from commercial to residential use or the expansion of existing buildings vertically for residential use in the DMU-1 Zoning District (“Local Law”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of the Local Law, together with the narrative Memo of Robert (“Bob”) Galvin, Village Planner (“Village Planner”), dated February 28, 2023, and the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), were all provided to the Village Board on March 15, 2023, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, a Public Hearing on the Local Law on March 23, 2023, which Public Hearing was kept open and continued to June 8, 2023. WHEREAS, the Rockland County Department of Planning, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the Local Law and provided a GML review report to the Village Board, dated May 11, 2023, which report approved the Local Law. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its April 3, 2023, meeting and provided a written recommendation to the Village Board in favor of its adoption. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted the 23rd day of March, 2023, the Village Board declared itself to be, and assumed the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner dated 05/03/2023, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its March 23, 2023 and June 8, 2023, Public Hearings, the Village Board finds and determines that the Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing: (i) Part 1 (entitled Project Information) of the SEQRA Short EAF dated 03/09/2023, (ii) Part 2 (entitled Identification of Potential Project Impacts) of the SEQRA Full EAF dated 05/03/2023, and (iii) Part 3 (entitled Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance) of the SEQRA Full EAF dated 05/11/2023, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner, the Village Board hereby adopts the aforesaid Part1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s 02/28/2023 narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the Local Law and the Village Planner’s 02/28/2023 narrative Memo describing the trend for the removal of minimum parking requirements in downtowns, a review of how other communities are dealing with parking minimums and adaptive reuse, and the result of these approaches, as well as reference to current planning literature, that by relaxing some of the requirements of accessory off-street parking for certain types of uses and occupancies in the Village’s DMU-1 Zoning District, the Village will be better able to support its policies for residential and affordable housing downtown; sustainable development and energy efficiency of older buildings; encourage the maintenance of the historic character of the downtown; reduce the burden on small business; promote economic development; and increase pedestrian activity and walkability, and promote economically viable and fiscally beneficial use of land, in the downtown, and the Village Board has directed its professional staff to take appropriate action to ensure that the Zoning Code is properly amended to reflect this Local Law. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT A,” and as same may have been amended “by-hand” during the Public Hearing; which Resolution was moved by ____________________, seconded by ____________________, and adopted by a roll call vote as follows: YEA NAY ABSTAIN ABSENT Mayor Hammond [ ] [ ] [ ] [ ] Deputy Mayor Rand [ ] [ ] [ ] [ ] Trustee Lightfoot-Cooper [ ] [ ] [ ] [ ] Trustee Lorenzini [ ] [ ] [ ] [ ] Trustee Jean-Gilles [ ] [ ] [ ] [ ] The foregoing vote was taken at a regularly scheduled meeting of the Board of Trustees of the Village of Nyack on June 8, 2023. Jennifer Hetling, Village Clerk/Treasurer 5.3 Resolution No. 2023-93 Resolution of the Nyack Village Board Re-Scheduling the June 22 Meeting of the Village Board to Thursday, June 29, 2023 at 7:30 PM. RESOLVED, the Board of Trustees of the Village of Nyack hereby cancels its public meeting on Thursday, June 22, 2023 and schedules a public meeting for Thursday, June 29, 2023 at 7:30 PM. 5.4 Resolution No. 2023-94 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by Ignite Church. RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Ignite Church for the Gazebo, including amplified sound, and surrounding area on August 20, 2023 from 4-7 PM, for the purpose of membership meeting for fewer than 100 people, subject to provision of appropriate insurance certificate. 5.5 Resolution No. 2023-95 Resolution of the Nyack Village Board Approving a Permit Application for a street closure on Jefferson St for St Anne’s Church. RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Dennis Lynch, representing St. Anne’s Church, for a street closure on Jefferson St between First and Third Avenues, Sunday, July 30, 2023, from 11 AM to 3 PM, contingent on access to private driveways and subject to provision of appropriate insurance certificate. 5.6 Resolution No. 2023-96 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by Christian DiSimone RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by Christian DiSimone for a family photo at the Gazebo Saturday, June 24, 2023, 6:30 PM to 8:30 PM., subject to provision of appropriate insurance certificate. 5.5 Resolution No. 2023-97 Resolution of the Nyack Village Board Approving a Permit Application for a street closure on North Broadway for Maureen’s Jazz Cellar Blue Grass Music Event RESOLVED, the Board of Trustees of the Village of Nyack approves an application by Brianne Higgins for a street closure on North Broadway from Main St to High Ave, Sunday, August 13, 2023 (raindate August 20), for the purposes of a Blue Grass music event and associated vendors and activities, subject to provision of appropriate insurance certificate, reimbursement of Village DPW staff costs and compliance with any applicable safety guidance from the Building Department. 6. Public Comment 7. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Attorney 7.3 Village Administrator 7.4 Village Clerk 8. Old Business 8.1 WBLS 107.5 DJ proposal for music event in Memorial Park, July 4, 2023 9. New Business 9.1 Boxer Donut food truck request 10. Communications 10.1 Gracepoint Gospel Fellowship Memorial Park permit application 10.2 Bangkok Station special event street closure request for Park Street 11. Public Comment 12. Comments from the Village Board of Trustees 13. Executive Session 14. Adjournment 15. Appendix 15.1 Draft Local Law to Amend Village of Nyack Zoning Code (Chapter 360) Off- Street Parking Requirements Regulations DMU-1 Zone – Adaptive Reuse 15.2 Draft Local Law Table 3-1 – Permitted Uses – Chapter 360 (Zoning) 15.3 Draft Local Law Table 4-2 – Minimum Parking Requirements - Chapter 360 (Zoning) 15.4 SEQRA Part 1 of Short Env Assessment Form (EAF) re: Proposed Local Law to Amend Nyack Zoning Code Chapter 360 Off-Street Parking DMU-1 Zone Adaptive Reuse  LOCAL LAW NO. _____ OF 2023, TO AMEND THE CHAPTER 360, ENTITLED “ZONING,” OF THE VILLAGE OF NYACK, WITH RESPECT TO ADAPTIVE REUSE AND MINIMUM ACCESSORY OFF-STREET PARKING REQUIREMENTS IN THE DMU-1 ZONING DISTRICT Be it enacted by the Board of Trustees of the Village of Nyack as follows: Section 1 - Legislative Authority, Purpose and Intent: This Local Law is adopted pursuant to, and in accordance with the procedures prescribed in, New York State (“NYS”) Municipal Home Rule Law §10. The purpose and intent of this Local Law is to support the Village of Nyack’s (“Village”) policies for residential and affordable housing downtown, sustainable development and energy efficiency of older buildings, encourage the maintenance of the historic character of the downtown, reduce burden on small business, promote economic development, increase pedestrian activity and walkability downtown and promote economically viable and fiscally beneficial use of land in the downtown. Section 2 – §360-6.1 (Words defined) of Article VI (Definitions), of Chapter 360 (Zoning), of the Code of the Village of Nyack, is amended to the extent only of adding a new definition, which new definition shall read as follows: 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. Section 3 – Sub-Paragraph “2” (Minimum parking required), of Paragraph “C” (Minimum parking requirements), of §360-4.5 (Parking and loading), of Chapter 360 (Zoning), of the Code of the Village of Nyack, is amended to read as follows: Minimum parking required. Except as specifically modified by the provisions of this chapter, the minimum number of accessory off-street parking spaces that must be provided is established for each use by Table 4-2, entitled “Minimum Parking Requirements,” appended to this chapter as 360 Attachment 3 (“Table 4-2”). Accessory off-street parking (“AOSP”) shall not be required for commercial uses, and adaptive reuse projects, within the DMU-1 zoning district (“zone” or “district”). The minimum AOSP requirements established in this chapter shall not apply to the first four (4) residential/dwelling units in the DMU-1 district. Any land that is developed as a unit, under single ownership and control, shall be considered a single lot for the purpose of these regulations. In cases of conversion of an existing floor from commercial to residential (or Page 1 of 3 increasing existing residential/dwelling units to a greater quantity of residential/dwelling units), the standard AOSP requirements will apply to all residential/dwelling units in excess of four units; and, in cases of additional newly constructed floors, the standard AOSP requirements will apply to all residential/dwelling units in excess of four units. Section 4 – Paragraph “A” (Residential uses), of §360-3.2 (Use-specific standards), of Chapter 360 (Zoning), of the Code of the Village of Nyack, is amended to read as follows: A. Residential. (1). 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 (4) residential/dwelling units in the DMU-1 zoning district. Section 5 – A new Sub-Paragraph “1A,” of Paragraph “A” (Residential uses), of §360-3.2 (Use-specific standards), of Chapter 360 (Zoning), of the Code of the Village of Nyack, is inserted to read as follows: (1A). Adaptive Reuse. (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: (i). Height - The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal. (ii). Floor Area – Existing floor area, if it exceeds the maximum FAR permitted by the zoning district, may remain and be considered legal. Page 2 of 3  (iii). Setbacks - Yards. Existing principal structures with nonconforming setbacks may remain and shall be considered legal. (iv). Accessory Off-Street Parking (AOSP) Spaces – New AOSP spaces shall not be required for any commercial portion of an adaptive reuse project; however, the quantity and dimensions of existing AOSP spaces must be maintained and not reduced. New (not previously existing) floor area in residential uses shall be required to provide AOSP according to Table 4-2, entitled “Minimum Parking Requirements,” appended to this chapter as 360 Attachment 3 (“Table 4-2”). Notwithstanding the previous sentence, the AOSP requirements shall not apply to the first four (4) residential/dwelling units in the DMU-1 zoning district, for an adaptive reuse project, in either or both of the following two scenarios: (I) the new proposed units, resulting from a conversion from an existing different use, are located within the existing building, and (II) the units are proposed to be located as newly cobnstructed additional space above an existing building. (v). Loading Space - A new loading zone shall not be required if the existing building does not have an existing loading zone. Section 6 – 360 Attachment 1, Table 3-1, entitled “Permitted Uses,” of Chapter 360 (Zoning), of the Code of the Village of Nyack, is amended to read as set forth in the said Table annexed hereto and made a part hereof. Section 7 – 360 Attachment 3, Table 4-2, entitled “Minimum Parking Requirements,” of Chapter 360 (Zoning), of the Code of the Village of Nyack, is amended to read as set forth in the said Table annexed hereto and made a part hereof. Section 8 – Severability If any part or provision of this Local Law, or the application thereof to any person or circumstance, is adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law, or the application thereof to other persons or circumstances. The Village Board of Trustees hereby declares that it would have enacted the remainder of this Local Law even without any such invalid or unconstitutional part, provision or application. Section 9 – Effective Date. This Local Law shall take effect thirty days after a copy has been filed with the NYS Secretary of State in the manner prescribed by NYS Municipal Home Rule Law §27. Page 3 of 3  NYACK ZONING 360 Attachment 3 Village of Nyack Table 4-2 Minimum Parking Requirements [Amended 5-26-2011 by L.L. No. 5-2011; 10-11-2012 by L.L. No. 11-2012; 10-13-2016 by L.L. No. 3-2016] BR = Bedroom unit CR = Classroom DU = Dwelling unit EU = Efficiency unit GBR = Guest bedroom NA = Not applicable — = Parking facility Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H Residential Dwelling, 2.0 per DU 2.0 per DU 2.0 per DU NA NA 2.0 per DU 2.0 per DU NA NA NA NA single- family detached Dwelling, single- NA NA 1.0 per EU NA NA 0.85 per NA NA NA NA NA family attached 1.5 per 1 EU 1.25 BR 2.0 per per 1 2 or greater BRper 1.70 BR 2 or greater Dwelling, two- NA 1.0 per EU 1.0 per EU NA NA BRper 0.85 1.0 per EU NA NA NA NA family 2.0 per 1 or 1.5 per 1 EU 1.25 1.5 per 1 greater BR BR 2.0 per per 1 BR 2 per 2 or greater BR 2 BR 1.70 per or greater 2 or BR greater BR 360 Attachment 3: Supp 31, Nov 2022 1  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC W M H Dwelling, NA NA 1.0 per EU NA NA 0.85 per 1.0 per EU NA 1.0 per FEU NA NA three- 1.5 per 1 EU 1.5 per 1 1.5 per 1 family BR 2.0 per 1.25 per BR 2.0 per BR 2 per 2 2 or greater 1 BR 2 or or greater BR BR 1.70 per greater BR 2 or greater BR Dwelling, NA NA NA 0.85 per EU 0.85 0.85 NA NA 1.0 per EU NA NA multifamily 1.25 per 1 per EU per EU 1.5 per 1 (4+ units) BR 1.25 1.25 BR 2 per 2 1.70 per per 1 per 1 or greater BR 2 or BR BR greater 1.70 1.70 BR per 2 per 2 or or greater greater Dwelling, NA NA 1.0 per EU 0.85 per EU 0.85 BR per 0.85 BR 1.0 per EU NA 1.0 per EU NA NA mixed use 1.5 per 1 1.25 per 1 BR EU 1.25 per EU 1.5 per 1 1.5 per 1 BR 2 per 2 1.70 per 2 or per 1 BR 1.25 BR 2.0 per BR 2 per 2 or greater BR greater BR 1.70 per 2 per 1 2 or or greater or greater BR greater BR 1.70 per 2 Cluster 2.0 per 1.0 per EU 1.0 per EU 0.85 per EU 0.85 per or 0.85 per 1.0 per EU NA 1.0 per EU NA NA development DU 1.5 per 1 1.5 per 1 1.25 per 1 BR EU 1.25 greater EU 1.25 1.5 per 1 1.5 per 1 BR 2.0 per 2 BR 2 per 2 per 1 BR BR per 1 BR BR 2.0 per BR 2 per 2 1.70 per 2 or or greater or greater BR greater 1.70 per 2 1.70 per 2 2 or or greater BR or greater or greater greater Adaptive NA NA NA See Note 1 BR NA BR NA NA NA NA NA NA Reuse Conversion NA NA 1.0 per EU NA NA 0.85 per 1.0 per EU NA NA NA NA of single- 1.5 per 1 EU 1.25 1.5 per 1 family Conversion BR 2 per 2 per 1 BR BR 2.0 per dwelling of single-to or greater BR 1.70 per 2 2 or two-family or greater greater family dwelling dwelling to two-family dwelling 360 Attachment 3: Supp 31, Nov 2022 2  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC W M H Group 1 per 1 per staff 1 per staff NA NA 1 per staff 1 per staff NA NAF NA NA home staff member member plus 1 member member member plus 1 for for every 5 plus 1 for plus 1 for plus 1 for every 5 residents every 5 every 5 every 5 residents residents residents residents Retirement NA NA 1 per every 1 per 1 per 1 per 1 per 1 per 1 per NA NA home, 2 beds every 2 every 2 every every every every 2 nursing beds beds 2 2 beds beds home or beds beds assisted- living facility Commercial Adult Uses NA NA NA NA NA NA NA 1 per NA NA NA 333 sf Animal Hospital NA NA NA NA NA NA NA 1 per NA NA NA or kennel 333 sf Arts/crafts NA NA NA None 1 per 500 1 per 500 1 per 1 per 1 per 1 per 333 NA studio required sf sf 500 sf 333 sf 500 sf sf Art gallery NA NA NA None 1 per 1 per NA 1 per 1 per 1 per NA required 400 sf 400 sf 250 sf 400 sf 250 sf Bank NA NA NA None 1 per 300 1 per NA 1 per NA 1 per NA required sf 300 sf 150 150 sf sf 360 Attachment 3: Supp 31, Nov 2022 3  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H Bar or tavern NA NA NA None required 1 per 150 1 per 150 NA 1 per 100 sf 1 per 140 sf NA NA sf sf Bed-and- 1 per GBR 1 per GBR 1 per GBR 1 per GBR 1 per GBR 1 per GBR 1 per 1.5 per 1 per 1.5 per NA breakfast GBR GBR GBR GBR Bus or train NA NA NA 1 per 222 sf 1 per 222 sf 1 per 222 NA 1 per 222 NA 1 per 222 sf NA station sf sf Cannabis Retail NA NA NA None required NA NA NA 1 per NA NA NA Dispensaries 150 sf Commercial NA NA NA 1 per 500 sf 1 per 500 sf 1 per 500 NA NA 1 per NA recreation - sf 500 sf indoor Commercial NA NA NA NA NA NA NA 1 per 1 per 1 per NA recreation - employ employe employe outdoor ee plus e plus 1 e plus 1 1 per per 5000 per 5000 5000 sf sf of sf of of outdoor outdoor outdoor space space space Fast-food NA NA NA NA NA NA NA space 1 per NA 1 per 150 sf NA Establishment 150 sf Hotel or NA NA NA 1 per GBR 1 per GBR NA NA 1.5 per 1 per 1.5 per NA motel GBR GBR GBR 360 Attachment 3: Supp 31, Nov 2022 6  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H Not-for-profit NA 1 per 300 NA NA NA NA NA NA NA NA NA ambulance square feet facilities excluding bay areas, and 1 per accessory apartment Office - general NA NA NA None 1 per 400 sf 1 per 1 per 400 sf 1 per 333 sf 1 per 400 sf 1 per 333 sf NA required 400 sf Office - medical NA NA NA None 1 per 200 sf 1 per 1 per 200 sf 1 per 150 NA 1 per 150 NA required 200 sf sf sf Outdoor storage NA NA NA NA NA NA NA 1 per 500 1 per 500 1 per 500 NA and display- sf sf sf oriented -retail Parking structured NA NA NA — — NA — NA — NA Personal services NA NA NA None 1 per 400 sf 1 per 400 1 per 400 sf 1 per 250 sf 1 per 400 sf 1 per 250 sf NA required sf Research and NA NA NA None 1 per 500 sf 1 per 500 sf NA 1 per 500 sf NA 1 per NA development required 500 sf Restaurant NA NA NA None 1 per 150 sf 1 per 150 sf NA 1 per 100 sf 1 per 150 sf 1 per NA required 150 sf Restaurant, take-out NA NA NA None 1 per 300 sf 1 per 300 sf NA 1 per 150 sf 1 per 300 sf 1 per NA required 150 sf Retail sales and NA NA NA None 1 per 400 sf 1 per 400 sf NA 1 per 250 sf 1 per 400 sf 1 per NA service required 250 sf Theatre or cinema NA NA NA 1 per 150 sf 1 per 150 sf 1 per 150 sf NA 1 per 100 sf NA 1 per NA 100 sf Waterfront NA NA NA NA NA NA NA NA 1 pe 3 boat NA NA Facilities moorings or boat slips 360 Attachment 3: Supp 31, Nov 2022 8  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H WF 1 per NA NA NA NA NA NA NA NA NA NA Cemetery staff Clubhouse, member 1 per 500 sf 1 per 500 sf 1 per 500 sf 1 per 500 sf 1 per 500 sf 1 per 500 sf 1 per 500 sf 1 per 500 sf NA N NA community center A or place of worship Day-care center, NA NA NA 1 space per 1 space per 1 space per 1 space per NA NA NA NA adult staff member staff member staff member staff member plus 1 space plus 1 space plus 1 space plus 1 space per 8 per 8 per 8 per 8 attendees attendees attendees attendees allowed allowed allowed allowed under under under under maximum maximum maximum maximum occupancy occupancy occupancy occupancy Day-care center, 1 per staff 1 per staff 1 per staff 1 per staff 1 per staff 1 per staff 1 per staff 1 per staff 1 per staff NA NA child or nursery member member plus member plus member plus member plus member plus member plus member plus member plus 1 school plus 1 per 1 per CR 1 per CR 1 per CR 1 per CR 1 per CR 1 per CR 1 per CR CR per CR Hospital, clinic or NA NA NA NA NA NA NA NA NA NA NA related health care facility Governmental use 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 sf 1 per 300 NA sf Museum NA NA NA 1 per 400 sf 1 per 400 sf 1 per 400 sf 1 per 400 sf 1 per 250 sf 1 per 400 sf NA NA School, specialized NA NA NA 1 for every 12 1 for every 12 NA NA 1 for every 12 1 for every 12 NA NA seats or seats or seats or seats or students students students students 360 Attachment 3: Supp 31, Nov 2022 9  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H School , , 1 for every 1 for every 1 for every 1 for 1 for every 1 for 1 for every 1 for every 1 for every NA NA elementary or 12 seats or 12 seats or 12 seats or every 12 12 seats or every 12 12 seats or 12 seats or 12 seats or secondary students of students of students of seats or students of seats or students of students of students of students elementar students elementary elementary elementary of y grades of elementary elementary elementary grades and 1 grades and grades and 1 elementa and 1 for element grades and 1grades and 1 grades and for every 6 1 for every 6 for every 6 ry grades every 6 ary for every 6 for every 6 1 for every seats or seats or seats or and 1 for seats or grades seats or seats or 6 seats or students for students for students for every 6 students and 1 students for students for students other schools other other seats or for other for other other schools for other schools schools students schools every 6 schools schools Utility structure 1 per 300 sf 1 per 300 sf 1 per 300 sf 1for other per 300 1 per 300 seats 1 peror 1 per 300 sf 1 per 300 sf 1 per 300 sf1 per 300 sf NA schools sf sf students 300 sf for Industrial other schools Industrial service NA NA NA NA NA NA NA 1 per 750 sf NA 1 per 750 sf NA use Manufacturing NA NA NA NA NA NA NA NA NA NA NA and production - heavy Manufacturing NA NA NA NA NA NA NA 1 per 1000 sf NA 1 per 1000 NA and production - sf light Printing or NA NA NA 1 per 500 sf 1 per 500 sf 1 per 500 NA 1 per 500 NA 1 per 500 sf NA publishing sf sf 360 Attachment 3: Supp 31, Nov 2022 11 11  NYACK ZONING Use SFR TFR MFR DMU-1 DMU-2 RMU OMU CC WF M H Accessory uses, NA parking required in Accessory addition touses, principal use Accessory building None None None None None None None None None None NA or structure required required required required required required required required required required Drive-in or drive- NA NA NA NA NA NA NA None NA None NA thru facility required required Home Occupation 1 1 1 1 1 1 1 NA 1 NA NA Mechanical NA NA NA None None None NA None NA NA NA amusement device required required required required Office/studio, 1 1 1 1 1 1 1 NA 1 NA NA professional in residential building Sidewalk cafe NA NA NA None None Non NA NA None NA NA required required required required Swimming pool None None None None None None None None None None NA required required required required required required required required required required 360 Attachment 3: Supp 31, Nov 2022 13 13  NYACK ZONING Drive-in or drive- NA NA NA NA NA NA None N Non NA thru facility required A e Home occupation 1 1 1 1 1 1 NA 1 requir N NA edA Mechanical NA NA NA None None NA None N N NA amusement device required required required A A Office/studio, 1 1 1 1 1 1 NA 1 N NA professional in A residential building Sidewalk cafe NA NA NA None None NA NA No N NA required required ne A Swimming pool None None None None None None None requi None None NA required required required required required required required red require required d NOTES: 1. Accessory Off-Street Parking (AOSP) shall not be applicable to the first four (4) residential/dwelling units proposed within the footprint, envelope and height of an existing building in the DMU-1 zoning district. The AOSP shall not be applicable to the first four (4) residential/dwelling units proposed for a vertical addition to an existing building in the DMU-1 zoning district. However, the quantity and dimensions of the existing off-street parking spaces must be maintained and not reduced. 360 Attachment 3: Supp 31, Nov 2022 14 14