A.
Interpretation of this article.
(1)
All uses and buildings shall be subject to the bulk requirements
of the district in which they are located except as modified in this
section. The standards in this article shall be deemed to be the minimum
necessary to accommodate the uses listed herein in a manner that protects
the public health, safety and general welfare of the Village of Ossining
for all permitted, conditional, special permit and accessory uses.
B.
Commercial use group.
(1)
Intensive animal-related uses.
(a)
All buildings and structures housing animals or exercise areas
for said animals shall be 50 feet from any residential use or district
boundary line.
(b)
All buildings housing animals for overnight stays shall be soundproofed
and entirely closed such that no animal shall be permitted to gain
access to the outdoors between the hours of 10:00 p.m. and 7:00 a.m.
(c)
Adjacent properties shall be adequately buffered and screened
from noise, odors and an unsightly appearance.
(d)
Animal cadavers and contaminated materials shall be disposed
of in accordance with applicable local, county and state regulations.
(2)
(3)
Entertainment or recreation uses, indoor:
(a)
All buildings for entertainment or recreation uses which are
approved to be open after 10:00 p.m. shall be soundproofed and entirely
closed such that nearby residences are not affected by the inside
activities.
(b)
All indoor entertainment or recreation uses shall cease operations
by 12:00 midnight unless otherwise approved by the Planning Board.
(4)
Entertainment or recreation uses, outdoor:
(a)
All outdoor entertainment or recreation uses shall cease operations
by 11:00 p.m.
(b)
Outdoor lighting shall be arranged and shielded so as not to
project beyond the boundaries of the property.
(c)
No outdoor entertainment, music or public address system, nor
any other forms of noise generation, shall be permitted within the
outdoor recreation area between the hours of 10:00 p.m. and 8:00 a.m.
(d)
Outdoor recreation shall cease operations by 10:00 p.m., Sunday
through Wednesday, and 11:00 p.m., Thursday through Saturday.
(e)
Adjacent properties shall be adequately buffered and screened
from noise.
(5)
Lodging uses: hotels.
(a)
All rooms shall be connected to interior hallways and thereby
to elevators, stairwells or lobbies, through which access to the exterior
shall be provided.
(b)
Conference facilities shall be permitted as an accessory use
and shall be subject to the parking requirements for places of assembly.
(c)
Other typical uses associated with hotel lodging uses, such
as retail sales, restaurants or indoor entertainment or recreation
shall be deemed as accessory uses and permitted in the O-R, Planned
Waterfront and RDD Districts. Such accessory uses shall be part of
or attached to the principal building and adhere to the bulk requirements
of that district.
(d)
Outdoor recreational facilities such as swimming pools and tennis
courts may be permitted but shall be no closer than 30 feet to the
property boundary of a residential use or residential zone boundary
and shall be reasonably screened from the view of neighboring properties.
(e)
Outdoor lighting shall be arranged and shielded so as not to
project beyond the boundaries of the property.
(f)
No outdoor public address or music system shall be used.
(6)
Lodging uses: bed-and-breakfast establishments.
(a)
The applicant shall be the owner of the premises and a full-time
resident of the premises.
(b)
The property and structures thereon shall conform to the lot
area, yard and other requirements for the zoning district in which
the property and structures are located unless a variance has been
granted by the Zoning Board of Appeals.
(c)
It shall be determined by the Planning Board that the size and
shape of the lot on which the establishment is proposed can accommodate
the proposed patrons and parking.
(d)
No paying guest shall stay on any one visit for more than 14
days.
(e)
The premises in which a bed-and-breakfast establishment is operated
shall have a minimum of one off-street parking space per bedroom designated
as available for overnight guests.
(f)
The only meals to be furnished shall be one daily morning meal
per paying guest. A restaurant may be operated as a second principal
use on the premises only if the use is allowed in the zoning district
and subject to all requirements of this chapter.
(g)
In business districts where residential units are not prohibited
on the first floor (such as the PC, SP-N, NC-1 and NC-2 Districts)
and the applicant is requesting to have the bed-and-breakfast as a
single principal use where residential uses will be on the first floor,
it shall be determined that the proposed bed-and-breakfast will be
in harmony with the appropriate and orderly development of the district
in which it is proposed to be situated and will not be detrimental
to the orderly development of adjacent properties in accordance with
the zoning classification of such properties.
(h)
A bed-and-breakfast conditional use approval shall be issued
for an initial period established by the granting board of not more
than three years and shall thereafter be renewable every three years
by the board that granted it. The permit shall expire upon a change
of ownership of the dwelling, and the new owner shall be required
to seek a new permit in order to continue the operation of the bed-and-breakfast
establishment. The Building Department shall reissue the permit after
approval of said board and an inspection of the premises finds it
to be in compliance with all applicable codes, the requirements of
this section and the provisions of the original approval.
(7)
Office uses, live-work.
(a)
The minimum unit size shall not be less than 1,000 square feet,
including both office and residential areas.
(b)
Live-work units shall only be permitted atop of nonresidential
uses, and no part of any live-work unit shall be located on the ground
floor or in a basement in the VC, NC-1, NC-2 or SP-N Districts.
(c)
No more than two employees who do not reside in the unit shall
be permitted to work in the unit.
(d)
All live-work units shall be subject to a recertification by
the Building Department every three years upon the anniversary of
the granting of their certificate of occupancy. The Building Department
shall reissue the permit after an inspection of the premises finds
it to be in compliance with all applicable codes, the requirements
of this section and the provisions of the original approval. The applicant
shall be required to certify that all units continue to be utilized
under the terms originally specified for the granting of the conditional
or special permit.
(8)
Parking as a principal use.
(a)
Surface parking lots for the general public shall be screened
from the street with a decorative fence or wall not to exceed three
feet in height. Fences should be of a decorative metal variety, and
vinyl fences shall not be permitted on street frontages. Walls should
be faced with decorative brick or stone. A fence no taller than 6.5
feet shall be permitted at side and rear elevations.
(b)
Structured parking facilities shall be subject to all of the
bulk requirements for the district in which they are located.
[1]
Parking is not permitted in the portion of the first floor (or
of any basement or cellar not entirely below ground) extending a minimum
of 40 feet back from the front building line. Such area shall be utilized
for another permitted principal use in the zoning district in which
the building is located, such as a retail store.
[2]
Notwithstanding the above, in a building on a corner lot, parking
is permitted in the front portion of the first floor (or basement
not entirely below ground) facing the street with the lower traffic
function. Along the street frontage, such parking shall be concealed
with facade materials comparable to those used on the remainder of
the building. To the extent practical, eye-level fenestration with
translucent, but not transparent, glass shall be provided, or the
portion of the building devoted to parking shall be screened with
evergreen plantings.
[3]
To avoid creating gaps in the pedestrian frontage, the entrance
to the internal parking on a corner lot should be situated on the
street with the lower traffic function.
(c)
All vertical parking systems must either be enclosed in a parking
structure or located underground.
(9)
Funeral parlors, taxidermists, mortuaries and crematoriums.
(10)
Retail sales and service uses, outdoor sales-oriented.
(a)
The hours of operation for outdoor illumination and public address
systems in the outdoor sales area shall be limited from the hours
of 7:00 a.m. to 10:00 p.m.
(b)
Outdoor sales areas shall be suitably screened from dwellings
and residential districts.
(c)
The site plan shall delineate areas for parking and areas for
outdoor display and sales of merchandise. No area designated for parking
on the site plan shall be used for sales, display or storage without
approval of the Planning Board.
(d)
All outdoor areas in which products are stored and which are
not part of the sales operation or intended for access by the general
public shall be deemed outdoor storage and shall meet the requirements
for the same as set forth in this chapter.
(e)
Outdoor areas used for the display and sale of building materials,
such as lumber, glass, and trim, and landscaping materials other than
plants, shall meet the screening requirements for outdoor storage.
C.
Vehicles sales and service use group.
(1)
Permitted uses.
(a)
General.
[1]
Fuel pumps and canopies.
[2]
Car washes and auto detailing.
[3]
Air pump stations and cases for the display of petroleum products
and automotive accessories for retail sale, provided that such equipment
does not exceed seven feet in height.
[4]
Indoor retail sales, limited to 1,500 square feet and subject
to the setback and buffer requirements for buildings in the zoning
district.
[5]
Outdoor storage, not to exceed 10% of the lot area.
(2)
General standards applicable to all vehicle-related uses.
(a)
The facility shall comply with all local, county and state environmental
regulations and shall ensure that harmful or hazardous materials are
properly disposed of. Drainage of such materials into public streets,
storm or sanitary sewers, bodies of water or into the ground is prohibited.
(b)
Adequate receptacles shall be provided for the deposit of all
waste material. There shall be adequate provision for disposal of
trash and refuse left on the premises.
(c)
Adequate space shall be provided on the site for all the elements
of the motor vehicle use to be incorporated on the site, including
provision for off street parking for the maximum number of motor vehicles
and off-street loading and unloading. No loading shall occur across
curbs and sidewalks. Adequate access and egress with appropriate turning
radii to the site shall be provided, as well as adequate queuing and
turnaround space on the site so that at no time is street traffic
disrupted or blocked by vehicles entering or leaving the site. Queuing
of vehicles on the street or shoulder waiting to enter the site shall
not be permitted.
(d)
All loading and parking areas for vehicles shall be paved, curbed
and drained in accordance with Village specifications.
(e)
Curbs shall be constructed so as to channel all traffic to permitted
curb cuts. There shall be no more than two curb cuts on any single
street frontage for that property.
(f)
When located adjacent to a residential district or use, a dense
planting of evergreen bushes or trees to a width of at least 10 feet,
in addition to a fence, shall be provided to block headlight glare
and muffle noise from motor vehicles.
(g)
All service, storage and trash areas and electrical and mechanical
equipment shall be completely screened from view from any public street
or adjacent property.
(h)
Display lighting shall be shielded and shall be so located and
maintained as not to constitute a hazard or nuisance to the traveling
public or neighbors.
(i)
The maximum permitted height of a luminaire shall be 20 feet.
A luminaire shall have a total cutoff of light at an angle of 45º
from vertical or greater with a maximum permitted illumination at
the property line of one footcandle at ground level. There shall be
no external lighting on the fascia of a canopy; all canopy lights
shall be directed downward.
(j)
Outdoor lighting should be directed away from the residential
properties.
(k)
Any lighting shall be shielded to direct light onto the established
uses and away from adjacent property, but it may be of sufficient
intensity to discourage vandalism and theft. However, access and lighting
shall not be permitted on a side facing a residential area, unless
a sufficiently high landscaped berm can be provided to completely
shield the building and lighting from residences.
(l)
Properties adjacent to residential districts shall have the
hours of operation for lighting limited to 7:00 a.m. to 10:00 p.m.,
and outdoor public address systems shall be limited to the hours of
8:00 a.m. to 8:00 p.m.
(7)
Vehicle repairs.
(a)
All repairs shall take place in a fully enclosed building or
in a yard which is fully screened from all adjoining properties and
public streets. Outdoor repairs shall not be permitted in a front
yard or within 25 feet of a residential district.
(b)
No vehicle repairs or storage shall take place within a public
right-of-way. Vehicles that are stored for any length of time before
or after repairs are done shall be subject to the screening requirements
for outdoor storage.
(c)
Vehicle repair garage doors should face toward the side yard
or, on a corner lot, the street with the lower traffic impact.
(d)
Repair buildings shall comply with the setback requirements
for buildings in the district.
(8)
Vehicle sales.
(a)
A landscaped area at least three feet in width shall be provided
between the public sidewalk and any outdoor vehicle display area.
The area shall be landscaped with shrubs and shall not be used for
the display of vehicles.
(b)
Sales buildings shall comply with the setback requirements for
buildings in the district.
(c)
The site plan shall indicate how maneuvering and access will
be handled. Vehicles shall be arranged neatly on the site and shall
not be stored or displayed in areas needed for maneuvering and access.
D.
Civic and institutional uses.
(1)
Permitted buildings, structures and outdoor uses on facility property.
All uses shall be subject to approval of the Planning Board and all
accessory structures and outdoor uses shall be listed in the resolution
of approval, including any of the following:
(2)
A steeple or other religious design feature shall be clearly related
to the religious purpose, shall not expand the capacity of the facility
to accommodate people and shall not exceed the actual building height
by more than 20 feet.
(3)
All interior spaces within school buildings to be utilized for potentially
noise-generating activities shall be sufficiently sound insulated
and separated from adjacent residential structures so as to avoid
any noise nuisance.
(4)
A screened buffer of a minimum of 15 feet shall be required adjacent
to any residential district or, if the subject property is within
a residential district, any residential use.
(5)
Additional standards for facilities with more than 5,000 square feet
of floor area are as follows:
(6)
Intensive infrastructure and utilities shall meet all applicable
county, state, and federal regulations and be adequately screened
and subject to the performance standards listed in the industrial
use group.
E.
Industrial use group.
(1)
All industrial uses shall have a screened buffer of a minimum of
15 feet.
(2)
The minimum setback shall be 35 feet, and no parking or loading shall
be located within the thirty-five-foot setback.
(3)
All industrial uses shall be subject to the performance standards
below:
(a)
An application for a building permit or certificate of occupancy
for a use subject to the performance standards procedure shall include
a plan of the proposed construction and a description of the proposed
machinery, operations and products and specifications for the mechanisms
and techniques to be used in restricting the emission of any dangerous
and objectionable elements. The applicant shall also file with such
plans an affidavit acknowledging his/her understanding of the applicable
performance standards and stating his/her agreement to conform with
same at all times. During the course of site development plan review,
the Planning Board will determine if the applicant's proposal falls
within the performance standards.
(b)
The Planning Board may require a report by one or more expert
consultants retained by the Board, or retained by the applicant and
approved by the Board, to advise as to whether the proposed use will
conform to the applicable performance standards. The consultant shall
report to the Board within one month, and a copy of his/her report
shall be promptly furnished to the applicant. The cost of any such
special reports by expert consultants shall be paid by the applicant.
(c)
If the Planning Board deems that the nature of the business may require
heightened security, the Planning Board may require the following
documentation as part of site plan approval:
[Added 11-15-2023 by L.L. No. 11-2023[1]]
[1]
The submission of a safety, security and emergency access plan.
[2]
The submission of a plan identifying a representative of the business
which representative shall be available 24 hours daily to serve as
the primary person of contact and who shall have full authority to
make decisions on behalf of the business in the event of an emergency.
The submission shall include up-to-date direct telephone and email
contact information for the business representative which contact
information shall be provided to the Police Department and the Building
Department. It is the responsibility of the business that the representative's
contact information remains current. At a minimum, the business representative
shall be responsible to respond to the Village in the event of reported
criminal activity, an adverse odor event, or any suspected violation
of applicable state and/or local laws.
[1]
Editor's Note: This local law also redesignated former Subsection
E(3)(c) through E(3)(j) as Subsection E(3)(d) through E(3)(k), respectively.
(d)
Fire and explosion hazards. All activities involving and all
storage of flammable and explosive materials including any heating
systems, or heat inducing or grow lighting, shall include adequate
safety devices against the hazard of fire and explosion and adequate
fire-fighting and fire suppression equipment and devices standard
in the industry. Burning of waste materials in open fires is prohibited
at any point. The relevant provisions of federal, state and local
laws and regulations shall also apply.
[Amended 11-15-2023 by L.L. No. 11-2023]
(e)
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 50 CPS frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 CPS frequency or a periodic vibration shall not induce accelerations exceeding 0.001g at the lot line. Single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g at the lot line. In addition, please see Chapter 123, Explosives and Blasting.
(f)
Noise. The maximum sound level radiated by any use or facility at any lot line shall not exceed the values designated in Chapter 178, Noise.
(g)
Smoke, dust and other atmospheric pollutants.
[1]
The emission of smoke and other particulate matter shall not
be permitted, regardless of quantity, if it will be in any way detrimental
to the public health, safety, welfare or comfort or a source of damage
to the property. Emissions must also conform to all requirements of
local, state and federal air quality regulations.
[2]
Method of measurement of smoke. For the purpose of grading the
density of smoke, the Ringelmann Smoke Chart shall be used to determine
the total smoke units emitted. A reading shall be taken every minute
for an hour, or less than an hour, until the total smoke units emitted
exceeds the number allowed by these regulations. Each reading shall
be multiplied by the number of minutes during which it was observed
and the product added.
[3]
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas or other atmospheric pollutant. The emission
of one smoke unit per hour and smoke with discernible density of No.
1 on the Ringelmann Smoke Chart shall be prohibited.
[4]
Maximum permitted emission of dust. The emission of dust related
to combustion for indirect heating from any source shall not exceed
0.30 pounds of dust per thousand pounds of flue gas adjusted to 50%
excess air for combustion. There shall be no measurable emission of
dust or particulate matter not related to combustion for indirect
heating. All properties shall be suitably improved and maintained
with appropriate landscaping and paving, or other type of improvement,
so that there will be no measurable windblown dust or other similar
types of air pollution created.
[5]
Odorous matter. No land use shall be permitted which emits any
discernible odor outside the building in which the use is conducted.
[6]
Toxic or noxious matter. No use shall be permitted which will
cause any dissemination whatsoever of toxic or noxious matter outside
the building in which the use is conducted.
(h)
Radiation and electromagnetic interference.
[1]
Radiation. The handling, storage or disposal of radioactive materials or waste byproducts, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
[2]
Electromagnetic interference. No operation shall be permitted
which produces any detrimental electromagnetic interference with normal
radio or television reception or computer operations in any area within
or without the Village.
(i)
Liquid or solid wastes. The discharge of any or all wastes shall
be permitted only if in accordance with all standards, laws and regulations
of the Westchester County Health Department, New York State Department
of Environmental Conservation or any other regulatory agency having
jurisdiction. Facilities for the storage of solid waste shall be so
located and designed as to be screened from the street or from any
adjoining property and so as to discourage the breeding of rodents
or insects.
(j)
Direct glare. "Direct glare" is defined for the purpose of this
chapter as illumination beyond property lines caused by direct or
specularly reflected rays from incandescent, fluorescent or arc lighting
or from such high temperature processes as welding, or petroleum or
metallurgical refining. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded that the maximum angle of the cone
of direct illumination shall be 60º, drawn perpendicular to the
ground, and with the exception that such angle may be increased to
90º if the luminary is less than four feet aboveground. Such
luminaries shall be placed not more than 16 feet above ground level,
and the maximum illumination at ground level shall not be in excess
of three footcandles.
(k)
Indirect glare. "Indirect glare" is defined for the purpose
of this chapter as illumination beyond property lines caused by diffuse
reflection from a surface such as a wall or roof of a structure. Indirect
glare shall not exceed that value which is produced by an illumination
at the property line of one footcandle at ground level. Deliberately
induced sky-reflected glare, as by casting a beam upward for advertising
purposes, is specifically prohibited.
(l)
Any lighting shall be shielded to direct light onto the established
uses and away from adjacent property, but it may be of sufficient
intensity to discourage vandalism and theft. However, lighting shall
not be in excess of 0.1 foot candles at the property line.
[Added 11-15-2023 by L.L. No. 11-2023]
(m)
If the Planning Board finds that the nature of the business requires
odor control, the Planning Board may require the following conditions
as part of the site plan approval:
[Added 11-15-2023 by L.L. No. 11-2023]
[1]
The business shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odors
generated inside and outside the facility shall not be detectable
by a person of reasonable sensitivity at the property line of the
property where the business is located.
[2]
Any and all odor-control devices, needs and systems shall be paid
for by the property owner and/or business tenant. The cost for the
odor-control devices, needs and systems and for such installation
shall not be the Village's responsibility.
[3]
Odor from the facility shall be monitored on an annual basis, at
the discretion of the Village by a licensed, qualified contractor
chosen by the Village and paid for by the property owner and/or business
tenant, and shall not be the Village's financial responsibility.
F.
Accessory use group.
(1)
Outdoor dining.
(a)
Outdoor dining areas shall only be permitted in conjunction
with a permitted restaurant.
(b)
Applicants seeking to have outdoor dining on public sidewalk property must obtain a sidewalk cafe permit as per Chapter 216, Sidewalk Cafes.
(c)
The outdoor dining area located on sidewalks shall be sited
so as to preserve a width of at least four feet for pedestrian movement.
The Planning Board shall require a wider clear area in areas with
heavy pedestrian traffic.
(d)
The outdoor dining area may be located in the front yard or
on the sidewalk of a public street, but where located in any side
or rear yard adjacent to a residential zone boundary or residential
use shall maintain an evergreen screen and fence to a height of no
less than six feet.
(e)
No outdoor entertainment, music or public address system, nor
any other forms of noise generation, shall be permitted within the
outdoor dining area between the hours of 10:00 p.m. and 8:00 a.m.
(f)
Outdoor dining shall cease operations by 10:00 p.m., Sunday
through Wednesday, and 11:00 p.m., Thursday through Saturday.
(2)
Outdoor storage.
(a)
No flammable or explosive liquids, solids or gases shall be
stored aboveground. No more fuel than is necessarily required for
the principal use shall be stored on the premises.
(b)
All outdoor storage facilities shall be enclosed by a fence,
wall or screening adequate to conceal such facilities and the contents
thereof from adjacent property and shall meet all required setbacks
and buffers for the district in which they are located. This provision
shall not apply to outdoor storage of new cars or other vehicles on
the premises of automobile sales or automobile rental establishments.
(c)
No materials or wastes shall be stored on any premises in such
form or manner that they may be transferred off such premises by natural
causes or forces, such as wind or rain.
(d)
All materials or wastes which might cause fumes or dust, or
which constitute a fire hazard or which may be edible by, or otherwise
attractive to, rodents or insects, shall be stored outdoors only in
enclosed containers.
(e)
No material or equipment stored outdoors shall exceed a height
of 10 feet above grade within 20 feet of a property line adjacent
to residential districts. In no case shall material or equipment stored
exceed the height of the principal building on the property.
(f)
Outdoor displays. Incidental outdoor displays such as seasonal
items shall be permitted, provided the requirements for outdoor retail
sales establishments are met.
(3)
Drive-through facilities.
(a)
If the principal use is a drive-through associated with a food establishment such as a restaurant or fast-food chain, the facility shall comply with Chapter 145, Food Establishments.
(b)
Adequate receptacles shall be provided for the deposit of all
waste material. There shall be adequate provisions for disposal of
trash and refuse left on the premises.
(c)
Adequate space shall be provided on the site for all the elements
of the associated primary use to be incorporated on the site, including
provisions for off-street parking for the maximum number of motor
vehicles and off-street loading and unloading. Adequate access and
egress with appropriate turning radii to the site shall be provided,
as well as adequate queuing and turnaround space on the site so that
at no time is street traffic disrupted or blocked by vehicles entering
or leaving the site. Queuing of vehicles on the street or shoulder
waiting to enter the site shall not be permitted.
(d)
Curbs shall be constructed so as to channel all traffic to permitted
curb cuts. There shall be no more than two curb cuts as a result of
the drive-through on any street frontage.
(e)
When located adjacent to a residential district or use, a fence,
in addition to dense planting of evergreen bushes or trees to a width
of at least 10 feet, shall be provided to block headlight glare and
muffle noise from motor vehicles. The evergreen screening should be
located to the benefit of the neighbors.
(f)
Display lighting shall be shielded and shall be so located and
maintained as not to constitute a hazard or nuisance to the traveling
public or neighbors.
(g)
The hours of operation for lighting and outdoor public address
systems for a drive-through shall be limited to 8:00 a.m. to 10:00
p.m. unless otherwise negotiated by the Planning Board during site
plan approval.
(5)
Home occupations.
(a)
Such occupation is incidental to the residential use of the
premises and is carried on in the main building.
(b)
Off-street parking shall be provided in addition to the required
residential parking and is set forth in Appendix C, Parking Requirements.[2]
[2]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
(6)
Outdoor
accessory recreation.
[Added 8-2-2011 by L.L. No. 3-2011]
(a)
Outdoor accessory recreation requires a minimum lot size of one acre,
subject to the following:
[1]
Such recreation shall be deemed to be a structure and shall not be
located less than 30 feet from the side and rear lot lines.
[2]
Such recreation shall be located in the side or rear yards.
[3]
No illumination of the facility of any kind shall be allowed.
[4]
Screening of the recreation use shall be provided from the view of
adjacent properties.
[5]
No loudspeaker or amplifying device shall be permitted.
