Prior to approving any special permit use, the appropriate lead
agency shall determine the conformity of such use and the proposed
development therefor with conditions and standards as set forth in
this chapter, including the conditions and standards as set forth
for site development plans.
A.
The proposed use shall be of such location, size and character that
it will be in harmony with the appropriate and orderly development
of the district in which it is proposed to be situated and not be
detrimental to the site or adjacent properties in accordance with
the zoning classification of such properties.
B.
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous.
C.
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
development and use of adjacent land and buildings.
D.
The proposed use will not require such additional public facilities
or services, or create such fiscal burdens upon the Village greater
than those which characterize uses permitted by right.
E.
As a condition of all special use permits, right of entry for inspection
with reasonable notice shall be provided for to determine compliance
with the conditions of said permit.
F.
As a condition of all special use permits, a limitation may be imposed
upon the time period for which the permit is valid, the permit shall
be reviewed upon the transfer of the permit from one owner or user
to another.
G.
In addition to the general standards for special use permits as set
forth above, the approving Board may, as a condition of approval of
any such use, establish any other additional standards, conditions
and requirements, including a limitation on hours or days of operation,
as it may deem necessary or appropriate to promote the public health,
safety and welfare and to otherwise implement the intent of this chapter.
A.
Hotel and motel units shall not contain kitchen or cooking facilities
of any nature, shall not be used as apartments for nontransient tenants,
shall not contain more than two rooms and shall not be connected by
interior doors in groups of more than two. There shall be no more
than one hotel or motel unit for each 2,500 square feet of site area
exclusive of required setbacks.
B.
Each hotel or motel room shall have an area of at least 300 square
feet. Each hotel or motel unit shall have a bath facility with at
least a shower or bath, one toilet facility and sink. No motel or
hotel building shall exceed a height of two stories or 28 feet, whichever
is less, except in VC Zoning Districts where three stories or 30 feet
shall be permitted. Access to all hotel and motel rooms shall be from
interior corridors.
C.
Each hotel or motel shall have at least one coffee shop for hotels or motels with no more than 100 rooms. For hotels or motels of over 100 rooms, a restaurant is required and a coffee shop is permitted. Such facilities shall be located within the hotel or motel building, must be open for business a minimum of 12 hours per day, and shall be subject to the provisions of § 210-106 of Article XII.
E.
Each hotel or motel shall have an office and lobby.
F.
Each hotel or motel shall have meeting and/or conference rooms.
G.
All hotels and motels shall be equipped with sprinkler and fire alarm
systems in accordance with the New York State Uniform Fire Prevention
and Building Code or successor standards adopted by New York State.
H.
One apartment with or without kitchen facilities for the use of the
hotel or motel manager or caretaker and family within the motel building
is a permitted accessory use.
I.
No parking, other than for deliveries, is permitted for tractor-trailers.
A.
One stable shall be provided for each horse housed on the site, and
there shall be no stabling of animals or storage or use of manure
or other dust-producing substances within a distance of 200 feet of
any lot line. If outdoor lighting is provided for riding areas, the
applicable setbacks shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
Screening shall be required between such use and any other nonagricultural
use.
B.
Public events, demonstrations, horse shows, rodeos and competitive
events held in connection with riding academies or stables shall be
considered principal uses for purposes of lot area and setback and
shall conform to the appropriate bulk requirements.
Gasoline service stations are special permit uses in the NS and VC Districts and are subject to the restrictions as set forth in Article III, as well as the following standards:
A.
No station shall be located closer than 200 feet from a school of
general instruction, public recreation area, hospital, or place of
worship, measured to the lot lines thereof.
B.
Access points shall be located a minimum of 100 feet from the intersection
of the designated street lines. All accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
C.
Pumps, pump islands and canopies are structures and shall not be
located in any required yards or setbacks, except that the Planning
Board may allow canopies to extend into the setback but not into any
yard. No outdoor display of products not associated with the gasoline
service station use shall be permitted.
D.
Screening. A ten-foot wide landscaped area shall be provided along
all gasoline service station property lines, excluding the front line,
property lines adjacent to existing commercial uses and access points.
The landscaped area shall be densely planted with a mixture of shrubs,
trees and a fence, not less than six feet high, which will create
an opaque screen. All landscaped areas along property lines which
are crossed by access drives shall be planted with low shrubs no greater
than three feet high and trees with a branching habit which begins
at least eight feet above ground level. Furthermore, planting shall
not interfere with the normal line of sight (350 feet in either direction)
needed for safe entering and exiting maneuvers by motor vehicles.
E.
Maintenance and operation. Due to the extent of land use impacts
from such stations which are a product of exterior operations, the
following requirements shall be made and noted on the site development
plan:
(1)
All vehicles at gasoline service facilities, except for one
tow truck, shall be stored within a building when the facilities are
not open for business. However, licensed vehicles parked for minor
repairs may be left outside for a period not to exceed 72 hours. At
no time shall any unlicensed or dismantled automobiles, trucks, tractors,
trailers or accessories thereof be outside of a building. No car,
truck or trailer rentals shall be permitted.
(2)
There shall not be any outside storage or display of accessories
or portable signs when gasoline service facilities are not open for
business.
(3)
Rubbish, oil cans, tires, discarded motor vehicle parts and
components and any other waste materials may be temporarily stored
in a completely fenced-in opaque enclosure adjacent to the gasoline
service station building. The area of such enclosure shall not exceed
200 square feet. There shall be no storage of any of the above-mentioned
items outside of such enclosure.
(4)
No repair work may be performed out of doors. This does not
preclude, however, adding oil to motor vehicles, changing windshield
wipers or other similar simple repairs normally performed in conjunction
with the sale of gasoline.
(5)
During the hours that a gasoline service station is open, all
cars of employees and customers and tow trucks must be parked only
in areas designated on the site development plan.
(6)
All landscaped areas designated on the gasoline service station
site development plan and/or landscaping plan shall be maintained
in a neat and healthy condition.
F.
Vehicle sales prohibited. The offering for sale and sale of new or
used motor vehicles is prohibited. This prohibition includes the display
of registered or unregistered vehicles with any "for sale" sign thereon.
G.
Discontinuance of use. In the event a gasoline service station is
abandoned, as determined by the Building Inspector, the owner, lessee
and/or motor-fuel supplier of said gasoline service station shall
immediately remove the tanks, gasoline pumps, all identification signs
and lighting poles. In lieu of removing the tanks, said owner and/or
lessee shall remove the flammable liquids therefrom and fill all tanks
with water for a three-month period only, and thereafter with a solid
material. The owner and/or lessee shall also provide adequate protection
against unlawful entry into the buildings and onto the property and
shall close all vehicular entrances to the property to prevent the
storage of abandoned vehicles thereon.
A.
The Planning Board may permit camps, day camps and recreational facilities
upon terms and conditions limiting the periods of operation.
(1)
Access to such facilities shall be limited to improved state,
county, town or Village roads shown as major roads on the Official
Map.
(2)
Camps and day camps may include structures for overnight accommodations,
provided that no heating or plumbing facilities are installed that
permit residential year-round occupancy. Covenants precluding such
occupancy shall be recorded in the County Clerk's office.
(3)
Camps and day camps shall not be deemed to include any trailer
or recreation vehicle campers' facilities, nor shall accommodations
of any sort be offered for transient or overnight camping.
B.
Swimming clubs or swimming pools, other than private residential
swimming pools, shall be classified and located as follows:
|
Type of Pool
(Class)
|
Maximum Area
(square feet)
|
Minimum Setback from Any Property Line
(feet)
|
|---|---|---|
|
A
|
Over 3,500
|
200
|
|
B
|
Over 2,500
|
175
|
|
C
|
Over 1,500
|
150
|
|
D
|
1,500 or less
|
100
|
C.
All recreational facilities shall comply with the minimum setback requirements of Article IV, Bulk Tables.
D.
Lighting. If outdoor lighting is provided for any of the foregoing
recreational facilities, including swimming pools, which permits use
of the facilities after 10:00 p.m., the applicable setback requirements
for such facility shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
E.
Parking. All parking areas and spaces shall have dustless surfaces.
F.
Enclosed buildings. All facilities, such as casinos and recreational
halls shall be located within completely enclosed buildings.
The standards for senior citizen housing developments shall
be as follows:
A.
It shall be the duty of the owner or his agent to file a certification
with the Building Inspector indicating compliance with this chapter's
requirements relating to the number of occupants and the age of the
occupants in each dwelling unit. Such certification shall be filed
no later than January 15 of each year.
(1)
In the case of sale units or cooperative or condominium units,
the contract of sale shall include a covenant restricting occupancy
of said unit to those persons permitted by this district. Said provision
shall be reviewed by the Village Attorney and shall be included with
the contract of sale and filed with the County Clerk.
B.
No dwelling units shall contain more than two bedrooms, except that
one dwelling unit for a superintendent may be provided which shall
consist of no more than three bedrooms.
C.
Except for the superintendent and his or her immediate family, the
occupancy of a senior citizen housing development shall be limited
to persons who qualify as senior citizens under present, future or
amended definitions of a governmental agency providing subsidy or
support to the project; or to families, the head of which so qualifies,
except that occupancy of a dwelling unit by a family, the head of
which is younger than a senior citizen, shall be permitted if it is
established that the presence of such person is essential for the
physical care of an eligible occupant or is the spouse of such eligible
occupant. In the absence of any definition, the minimum age for eligibility
shall be 55 years.
D.
Persons under the age of 18 shall not be permitted to be permanent
residents of dwelling units. For the purposes of this regulation,
permanent residents shall mean any person who lives in the dwelling
for more than four weeks at one time, or has listed the residence
as a dwelling for purposes of enrollment for public schools.
E.
Accessory uses.
(1)
Within the senior citizen housing development, certain related
accessory facilities may be permitted, either in a separate building
or in combination with a building containing dwelling units, such
as dining facilities, self-service laundries, lounges, game rooms,
workshops or medical infirmaries, for use of the occupants and not
for general public use. Such facilities shall be subordinate to the
residential character of the development and with no outside advertising.
The Planning Board shall expressly approve such facilities. At a minimum,
the Planning Board shall require all senior citizen housing developments
to have a common meeting room of sufficient size, in the Planning
Board's judgment to meet the needs of the development.
(2)
In addition, permitted accessory uses include administrative,
social and recreational buildings, structures and areas. Facilities
may include, but are not limited to:
(a)
Swimming pools, tennis courts, open field areas, passive sitting
areas, picnic facilities, walking trails, shuffle board and bocci
courts.
(b)
Off-street parking and private garage facilities.
(c)
Fences and walls, utility and maintenance structures.
(d)
A single-family dwelling unit to be utilized and occupied as
a residence exclusively for the director of the facility, administrator
or other head of operations whose presence on the site is essential
for the effective operation of the facility.
G.
Coverage; open space.
(1)
Development coverage shall not exceed 60%, including building,
walks, parking areas and driveways, regardless of construction material.
Building coverage shall not exceed 20%.
(2)
A minimum of 15% of the total lot area shall be set aside as
open space to remain in its natural undisturbed state. This area may
include buffer areas as required in this section. An additional 10%
of the site shall be devoted to active and passive recreational uses
such as recreation and social gathering areas, walkways, sifting areas,
gardens and adjacent usable open space.
H.
In areas zoned VC at the time of petition for an RSH zone, the maximum
building height shall be 40 feet with maximum three stories (currently
35 feet and two stories), whichever is less. In areas zoned NS at
the time of the petition for the RSH zone, maximum height shall be
35 feet with a maximum of two stories.
I.
The minimum distance between detached buildings shall be 50 feet.
J.
Group sitting areas shall be well-defined by walls, fences, hedges
or other plantings designed to impart a sense of containment or security
and to provide group privacy.
K.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to such items as handrails and ramps. Such facilities shall
be adequately lighted, and said lighting shall not be directed on
adjacent streets or properties. Walks and drives shall be connected
to walks and drives on adjoining property wherever possible.
L.
Central refuse collection areas shall be located for the convenience
of all units. They shall be supplied with an adequate number of covered
receptacles and shall be provided with proper screening and maintenance.
M.
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (Article VII, § 210-48A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.
N.
The required side and/or rear yard may be decreased to 10 feet where
abutting another senior citizen housing development.
Automobile sales and service agencies for the sale and servicing
of new and used motor vehicles, accessories and customary accessory
uses that existed in the former Community Shopping District (CS) on
June 1, 1999, may be permitted, provided that such agencies are franchised
dealers or factory-owned dealerships of new motor vehicles and that
all operations are conducted from the same site and subject to the
following requirements, except as hereinafter set forth:
A.
The display area for vehicles shall not exceed 110 feet in depth,
extending between the front yard line and principal building, and
not more than 10 vehicle display spaces shall constitute a display
group, with each group being separated by significant landscape elements.
B.
The lighting level shall not exceed three foot-candles within a display
area, and no banners, pennants and string flags are permitted. No
signs, including numbers, prices or other advertising message, shall
be displayed so as to be visible to the public right-of-way, except
display window area pursuant to the site development plan rules and
regulations.
C.
All motor vehicle storage, other than the display area and customer
parking, shall be fully fenced and screened from the side and rear
property lines. All other accessory uses, including servicing, shall
be conducted within fully enclosed structures. Gasoline service, if
provided, shall be located to the rear of the principal building.
Oil and gasoline storage shall be solely in underground tanks.
D.
Where the use involves display or sales of recreational vehicles,
with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial
vehicles, such as buses or tractors, the Planning Board shall increase
the applicable yards by a factor computed on the basis of the vehicle
height divided by five feet six inches.
E.
Bulk requirements for said use shall be those included in the CS
Zone on June 1, 1999. Said use may be permitted to expand up to the
limits permitted therein.
F.
An additional display area not subject to Subsection A shall be permitted, provided that such is on the premises which adjoins the site above referred to and is used for such display during the time that the permitted use of an automobile sales and service agency is being conducted on the site, and further provided that the owner or lessee of the site is the owner or lessee of the adjoining premises.
A.
No dwelling unit shall contain more than two bedrooms, except that
one dwelling unit for a superintendent may be provided which shall
consist of no more than three bedrooms.
B.
Except for the superintendent and family, the occupancy of a housing
development for the physically handicapped shall be limited to single
persons who qualify as physically handicapped under present, future
or amended definitions of the governmental agency providing subsidy
or support to the project or to families, the head of which so qualifies,
except that occupancy of a dwelling unit by a family, the head of
which is not physically handicapped, shall be permitted if it is established
that the presence of such person is essential for the physical care
of an eligible occupant.
C.
Within the housing development, certain related accessory facilities
may be permitted either in a separate building or in combination with
dwelling units, such as cafeterias, self-service laundries, lounges,
game rooms, workshops or medical infirmaries, only to the extent that
they meet the needs of the occupants of the development. Such facilities
shall be subordinate to the residential character of the development
and shall be located out of public view with no exterior advertising.
Such facilities shall be expressly approved by the Village Board.
Approval of a special use permit and site development plan for dwelling
units in a housing development for the physically handicapped in no
way constitutes approval for installation of any type of related facility.
D.
The gross site density shall not exceed 10 units per acre.
E.
The maximum building height shall be 15 feet or one story.
F.
The minimum distance between detached buildings shall be 1 1/2
times the taller building.
G.
Suitably equipped and adequately maintained recreation and open space
shall be provided. Group sitting areas shall be well defined by walls,
fences, hedges or other plantings designed to impart a sense of containment
or security and to provide group privacy.
H.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to the needs of the physically handicapped; such facilities
shall be adequately lighted and said lighting shall not be directed
on adjacent streets or properties.
I.
Facilities for refuse disposal shall be provided for all dwelling
units. Central collection areas shall be maintained and conveniently
located for all groups of units. The collection areas shall be properly
screened and supplied with all covered receptacles required for tenant
use.
J.
All parking areas, driveways, recreation areas and refuse collection
areas shall be no closer than 10 feet to any building or lot line,
and any swimming pool shall be no closer than 30 feet to any building
and 50 feet to any lot line; these dimensions may be reduced by the
Planning Board upon site plan approval where local conditions warrant.
Such areas between said facilities and lot lines shall be landscaped
with suitable screening.
K.
The front yard depth may be reduced by the Planning Board upon site
development plan approval where local conditions warrant and substitute
measures are provided for the protection of neighboring properties.
The standards for congregate care housing developments shall
be as follows:
A.
It shall be the duty of the owner or his agent to file a certification
with the Building Inspector indicating compliance with this chapter's
requirements relating to the number of occupants and the age of the
occupants in each dwelling unit. Such certification shall be filed
no later than January 15 of each year.
B.
At least 40% of the dwelling units shall be one-bedroom units. No
dwelling unit shall contain more than two bedrooms.
C.
Except for the necessary staff and their families, the occupancy
of a congregate care housing development shall be limited to individual
men and women 60 years of age or above or married couples 60 or above
in which one of the partners is at least 60.
D.
Within the congregate care housing development, certain related ancillary
facilities may be permitted, either in a separate building or in combination
with dwelling units, such as cafeterias, formal dining rooms, family
dining area, self-service laundries, lounges, exercise rooms, game
rooms, arts and crafts workshops, libraries, music rooms, auditoriums/social
halls, meeting rooms for residents, offices for visiting governmental
agencies or medical infirmaries, housekeeping service, transportation
service and nursing service, only to the extent that they meet the
needs of the occupants of the development. Such facilities shall be
subordinate to the residential character of the development and shall
be located out of public view with no outside advertising. Such facilities
shall be expressly approved by the Village Board. Approval of a special
use permit and site development plan for dwelling units in a congregate
care housing development in no way constitutes approval for installation
of any related facility.
E.
The gross density shall not exceed 15 units per acre.
F.
The maximum development coverage shall not exceed 40%, including
buildings, walks, parking areas and driveways regardless of construction
material. Parking areas above the ground floor, if any, within a building
shall not be counted in computing said coverage. Building coverage
shall not exceed 20%.
G.
The maximum building height shall be 30 feet or two stories, whichever
is less.
H.
The minimum distance between detached buildings shall be 50 feet.
I.
Suitably equipped and adequately maintained recreation and open space
shall be provided. Group sitting areas shall be well-defined by walls,
fences, hedges, or other plantings designed to impart a sense of containment
or security and to provide group privacy.
J.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to such items as handrails, grab bars, walking trails and
ramps. Such facilities shall be adequately lighted, and said lighting
shall not be directed on adjacent streets or properties.
K.
The outside storage of refuse, if permitted, shall be in rodent-proof
containers and shall be provided with proper screening and maintenance.
L.
All parking area, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. The requirement which prohibits parking in required yards (Article VII, § 210-48A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen or congregate care housing developments.
M.
The required side and/or rear yard may be decreased to 10 feet where
abutting another congregate care or senior citizen housing development.
N.
All developments shall provide proper access for fire-fighting equipment
and personnel and shall provide hydrants in such number and location
and with such water pressure as may be determined adequate and approved
by the Planning Board, based upon the recommendation of the Building
Inspector and Fire Department having jurisdiction.
O.
All developments shall be connected to public sewer systems in accordance
with standards approved by the Village Engineer.
P.
Buildings shall be constructed of fireproof construction and shall
include the following minimum safety standards for its guests and
residents:
(1)
All doors shall be of sufficient width to accommodate wheelchairs.
(2)
All dwelling units and communal facilities shall be adaptable
for use by nonambulatory persons.
(3)
Wherever steps are located, ramps or elevators shall be provided
for the physically handicapped as required.
(4)
Emergency signal facilities shall be provided in each dwelling
unit, located three to four feet above floor level, and shall register
a signal at a central location(s) to permit twenty-four-hour-a-day
monitoring.
(5)
Toilet facilities located within individual dwelling units shall
be adaptable for the installation and utilization of grab bars.
(6)
Grab bars shall be located around all tubs and showers. Such
grab bars shall be of the same size and height as required by the
New York State Uniform Fire Prevention and Building Code or successor
standards adopted by New York State for the toilet facilities.
(7)
All floor surfaces shall be nonskid.
(8)
Central heating and air conditioning shall be individually adjustable
for each dwelling unit.
Restaurants in PO Zones are permitted only as accessory uses
to a use permitted by right, subject to the following supplemental
requirements:
A.
The restaurant shall be entirely enclosed within a principal building
on the lot and shall not occupy more than 25% of the gross floor area
of said building.
B.
Not more than one restaurant shall be permitted on a lot.
C.
The restaurant shall not be a drive-in or drive-through or other
fast-food-type facility.
D.
There shall be no exterior display or exterior advertisement of the
restaurant on the lot except for such signs as may be approved by
the Planning Board.
E.
No amplified music audible beyond the premises nor video games shall
be permitted within the restaurant.
F.
The Planning Board shall require, as part of site plan review, such
acoustical materials to be installed as may be necessary to limit
noise levels emanating from the restaurant in order to protect the
quiet enjoyment of other users of the building.
G.
In addition to all other requirements of the zoning district in which
it is situated, the minimum parking requirement for a restaurant shall
be one parking space for every four seats within the restaurant plus
five additional spaces.
H.
The Planning Board shall require, as part of site plan review, such
filtration or other systems as may be necessary to limit the emission
of odors emanating from the restaurant.
I.
The Planning Board shall require, as part of site plan review, the
placement and manner of storage of garbage so as to be rodent- and
vermin-free and nonodorous.
J.
The restaurant shall not be cafeteria style nor provide food counter
service. Table waiter/waitress service shall be provided.
K.
The restaurant shall comply with all federal, state, county and local
laws, rules and regulations governing the operation of such facilities.
L.
The Planning Board shall consider, as part of site plan review, the
following:
M.
Special use permits for restaurants in PO Zones shall expire automatically
upon a change in use or ownership of the restaurant.
A.
Fast-food restaurants are permitted as part of a shopping center
or as a freestanding unit on a minimum of two acres in the VC district.
(1)
Fast-food restaurants are permitted only as part of a local
convenience shopping center in the NS district.
B.
Litter receptacles shall be provided at a ratio of one receptacle
for every four parking spaces and every 10 seats provided. They should
be distributed throughout the parking area and seating areas for maximum
customer convenience. They should be located adjacent to both pedestrian
and vehicular exits from the site and adjacent to exits from the building
and any outdoor seating. Receptacles at vehicular exits should be
designed to be used by customers in their cars. The number of litter
receptacles may be reduced at the discretion of the Planning Board,
if the Board finds that the required number of receptacles is excessive
or detracts from the aesthetic appearance of the site.
C.
Drive-through service accessory to a fast-food restaurant.
(1)
Drive-through facilities shall not inhibit traffic movement
around the site, or ingress and egress from the site.
(2)
In the NS district, a landscaped buffer of not less than 20
feet shall be provided between the drive-through aisles and service
window, and any lot in a residence district, to ensure that headlights
are not visible.
(3)
In the VC district, a landscaped buffer or fence shall be provided
so that headlights from the drive-through aisles and service window
are not visible to the adjacent lot or street.
A.
The minimum lot size shall be 40,000 square feet.
B.
Exercise pens and runways shall not be located within 300 feet of
any lot line.
C.
All facilities shall be permanently screened from all surrounding
properties.
D.
For animal hospitals and veterinary clinics, all facilities other
than exercise pens and runways shall be maintained in enclosed structures
which shall be of soundproof construction and so maintained as to
produce no dust or odors at the property line.
E.
In issuing the special permit, the permit shall stipulate the maximum
number and type of animals so boarded, harbored or trained.
Contractors' storage yards may be permitted in the PI District,
subject to the following requirements:
A.
The Planning Board may require that all building materials, equipment
and supplies be located within enclosed buildings or open sheds.
B.
Outdoor storage areas, if any, shall be limited to those specific
locations and designated limits approved by the Planning Board. Such
outdoor storage areas shall be heavily screened and landscaped from
all street lines and lot lines, as may be required by the Planning
Board.
C.
The Planning Board may require conformance with any requirements
recommended by the fire department having jurisdiction. In no case
shall the storage of any flammable materials be permitted within 150
feet of any lot line.
D.
The Planning Board may require conformance with any other necessary
requirements in order to prevent a nuisance to neighboring properties
by reason of dust, noise, odor or any other nuisance which the Planning
Board feels will be associated with the intended use.
No part of the use and uses accessory thereto, including driveways,
shall be closer than 500 feet to residential districts.
Sales and showroom facilities shall be permitted in the PI District
subject to the following comments:
A.
Sales and showroom facilities shall be permitted for products fabricated,
processed, converted, altered, or assembled on premises or locations
on the site in question, or for wholesale and retail sales in connection
with a wholesale or warehouse business.
B.
In addition to the off-street parking space required for the other
uses allowed, two off-street parking spaces shall be provided for
the space allocated to sales and showroom facilities on the basis
of one parking space for each 200 square feet devoted to such use.
Such parking spaces shall be provided in areas convenient to the entrances
to the sales and showroom facilities.
C.
Special loading and parking areas shall be provided for the sales
and showroom facility space, which shall not coincide or conflict
with off-street loading space required for the basic use of the premises.
Shopping Centers are special permit uses in the VC Village Center
and NS Neighborhood Shopping Zoning Districts. The following characteristics
shall be included and noted on the site development plan and attached
narrative:
A.
No individual commercial establishment exceeding 80,000 square feet
in size, in a VC Zone.
B.
Multiple buildings, facade treatments or setbacks are required in
the Village Center (VC) and Neighborhood Shopping (NS) zones, unless
waived by the Planning Board upon the recommendation of the Architectural
Review Committee. In its deliberations, the Planning Board shall consider
whether the proposed style is consistent with Village planning objectives
as set forth in the Comprehensive Plan. Since buildings may not be
physically connected, a sense of cohesion must be created. This may
be accomplished in a number of ways, including the consistent application
of:
C.
A common interrelated parking and site circulation system with minimal
curb cuts and consolidated access to public roads. Common parking
facilities and access and circulation drives provided for the use
of patrons of all tenants in the shopping center. A coordinated, safe,
and efficient system for circulation of vehicles, patrons and deliveries
throughout the shopping center. A minimum of 15% of the total parking
area shall be landscaped. The parking area shall include the entire
area of the site devoted to parking spaces including an area of up
to 15 feet beyond the outer limit of the paved area.
D.
A minimum of one tree per 10 spaces provided in the parking area.
E.
To the maximum practical extent individual establishments oriented
to pedestrian traffic by access signs and display, which are not generally
visible or only incidentally visible to the parking areas.
F.
Common amenities provided to patrons apart from the commercial establishments,
such as benches, site decoration, landscaping and the like.
G.
Common spaces which are available for public assemblage, special
events and local notices.
H.
To the maximum practical extent, multiple structures, facade treatment
and setbacks shall be utilized to create interest and a Village environment.
Local convenience shopping centers are special permit uses in
the NS Neighborhood Shopping Zoning District. The following characteristics
shall be included and noted on the site development plan and attached
narrative for such a center on 10 acres or more:
A.
The total square footage of space shall not exceed 80,000 square
feet.
B.
No individual commercial establishment shall exceed 20,000 square
feet, except one establishment may not exceed 65,000 square feet in
size. In no event shall the total square footage of the shopping center
exceed 80,000 square feet.
C.
Multiple buildings, facade treatments or setbacks are required in
the Village Center (VC) and Neighborhood Shopping (NS) zones, unless
waived by the Planning Board upon the recommendation of the Architectural
Review Committee. In its deliberations, the Planning Board shall consider
whether the proposed style is consistent with Village planning objectives
as set forth in the Comprehensive Plan. Since buildings may not be
physically connected, a sense of cohesion must be created. This may
be accomplished in a number of ways, including the consistent application
of:
D.
A common interrelated parking and site circulation system with minimal
curb cuts and consolidated access to public roads. Common parking
facilities and access and circulation drives provided for the use
of patrons of all tenants in the shopping center. A coordinated, safe,
and efficient system for circulation of vehicles, patrons and deliveries
throughout the shopping center. A minimum of 15% of the total parking
area shall be landscaped. The parking area shall include the entire
area of the site devoted to parking spaces including an area of up
to 15 feet beyond the outer limit of the paved area.
E.
A minimum of one tree per 10 spaces provided in the parking area.
F.
To the maximum practical extent individual establishments oriented
to pedestrian traffic by access signs and display, which are not generally
visible or only incidentally visible to the parking areas.
G.
Common amenities provided to patrons apart from the commercial establishments,
such as benches, site decoration, landscaping and the like.
H.
Common spaces which are available for public assemblage, special
events and local notices.
I.
To the maximum practical extent, multiple structures, facade treatment
and setbacks shall be utilized to create interest and a Village environment.
J.
Where said shopping center includes a store of greater than 35,000
square feet, there shall be a buffer with a minimum depth of 150 feet
from any development, or improvement, including but not limited to
utilities, buildings, driveways, or parking areas, to any adjoining
residentially zoned property. Where the owner of the NS-zoned property
owns the adjoining residentially zoned property, said residentially
zoned property may be utilized in whole or in part as the buffer.
The buffers shall be committed to permanent open space and no development,
improvements, including but not limited to utilities, driveways, or
parking areas, public or private road shall be permitted on this land.
Said buffer shall be made permanent open space by the filing of a
restrictive covenant with the Village Board and the Rockland County
Clerk, or dedication of the buffer to the Village at the option of
the Village Board.
K.
For any such site with frontage on Route 59, as an incentive to create
an attractive, landscape buffer along the frontage, development or
improvements, including but not limited to utilities, buildings, driveways
or parking areas, may extend up to the NS Zone boundary provided all
buffer requirements are satisfied. No development or improvements,
including but not limited to utilities, buildings, driveways, or parking
areas, may extend beyond the NS boundary. The Planning Board may require
adequate screening from residential lots in the form of landscaping,
fencing or similar means.
L.
In order to qualify for the conditions outlined herein, such an NS
development may not create a traffic level of service (LOS) on adjoining
roadways and intersections including individual lane groupings below
the LOS that exists prior to the development.
Adult establishments are permitted in the VC District subject
to the following requirements:
A.
No more than one adult establishment shall be located on any lot.
B.
No adult establishment shall be established closer than 1,000 feet
from the lot line of any other lot upon which an adult establishment
is located.
C.
No adult establishment shall be established closer than 1,000 feet
from the lot line of any lot upon which a house of worship, public
or parochial school, or 1,000 feet from the lot line of any residence
district or lot upon which a day-care center is located.
Outdoor seating for restaurants, neighborhood restaurants and
fast-food restaurants shall be subject to the following conditions:
A.
Off-street parking shall be provided in the same ratio as for indoor
seating.
B.
Seating shall be arranged so that there is no obstruction to ingress/egress
to any structure for customers, emergency personnel and handicapped
persons. Said seating shall not be located closer than six feet to
a parking lot. If permission is granted to utilize a public walk,
a minimum of six feet shall be left clear at all times.
C.
Tables and chairs shall be of such design or layout that they will
not become safety hazard in wind conditions.
D.
Trash receptacles shall be provided in close proximity to the seating
area.
E.
If the parcel on which said outdoor facilities are located adjoins
a residential zoning district, said facilities shall be screened so
that noise is not discernible on residential property and lights are
shielded.
F.
A plan for policing the area shall be submitted so that litter does
not remain visible on the site and will not be transmitted to adjoining
sites.
A.
No such use shall be located closer than 200 feet from a school of
general instruction, public recreation area, hospital, or place of
worship, measured to the lot lines thereof.
B.
No such use shall be located within 2,000 feet of another automotive
repair and maintenance facility on the same frontage or within 1,000
feet on the opposite frontage. A valid permit for an automotive repair
and maintenance facility on property shall be deemed to be such a
use for purposes of these measurements.
C.
Access points shall be located a minimum of 100 feet from the intersection
of the designated street lines. All accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
D.
No outdoor display of products not associated with automotive repair
shall be permitted.
E.
Screening. A ten-foot wide landscaped area shall be provided along
all property lines excluding the front line property lines, adjacent
to existing commercial uses and access points. The landscaped area
shall be densely planted with a mixture of shrubs, trees and a fence,
not less than six feet high, which will create an opaque screen. All
landscaped areas along property lines which are crossed by access
drives shall be planted with low shrubs no greater than three feet
high and trees with a branching habit which begins at least eight
feet above ground level. Furthermore, planting shall not interfere
with the normal line of sight (350 feet in either direction) needed
for safe entering and exiting maneuvers by motor vehicles.
F.
Maintenance and operation. Due to the extent of potential land use
impacts from such use, the following requirements shall be made and
noted on the site development plan:
(1)
All vehicles, except for one tow truck, shall be stored within
a building when the facilities are not open for business. However,
licensed vehicles parked for minor repairs may be left outside for
a period not to exceed 72 hours. At no time shall any unlicensed or
dismantled automobiles, trucks, tractors, trailers or accessories
thereof be outside of a building. No car, truck, or trailer rentals
shall be permitted.
(2)
There shall not be any outside storage or display of accessories.
(3)
Rubbish, oil cans, tires, discarded motor vehicle parts and
components of any other waste materials may be temporarily stored
in a completely fenced-in opaque enclosure adjacent to the principal
building. The area of such enclosure shall not exceed 200 square feet.
There shall be no storage of any of the above mentioned items outside
of such enclosure.
(4)
No repair work may be performed out of doors. This does not
preclude, however, adding oil to motor vehicles, changing windshield
wipers or other similar simple repairs normally performed in conjunction
with said use.
(5)
During the hours that a repair or maintenance facility is open
all cars of employees and customers and tow trucks must be parked
only in areas designated on the site development plan.
(6)
All landscaped areas designated on the site development plan
and/or landscaping plan shall be maintained in a neat and healthy
condition.
G.
Vehicle sales prohibited. The offering for sale and sale of new or
used motor vehicles is prohibited. This prohibition includes the display
of registered or unregistered vehicles with any "for sale" sign thereon.
A.
A traffic study shall be required for the estimated peak hours of
operation for a period no longer than two hours.
B.
Parking shall be provided at a rate of one parking space per two
guests, or 100 square feet, whichever is greater, and one parking
space for each employee serving the guests.
C.
Tandem parking may be permitted provided valet service is provided.
D.
No building used for such purpose shall be located closer than 100
feet to any lot line, and no closer than 500 feet to any residence.
E.
No facilities for outdoor use shall be permitted.
The standards for child day-care centers shall be as follows:
A.
The application shall describe the anticipated occupancy of the facility
by age group, i.e., infant, toddler, and school age, and the hours
of operation of the facility.
B.
A floor plan of the child day-care center shall be submitted.
C.
Parking spaces shall be provided directly in front of the facility
along an internal driveway or in an approved parking area. The most
appropriate location for dropoff parking shall include a consideration
of emergency access, and shall be determined by the Planning Board
during site plan review. The dropoff location shall be clearly posted
with appropriate signage or pavement markings. Fire lanes shall not
be used for dropoff areas.
D.
A minimum outdoor play area of 100 square feet per child under three
years of age, or per child three and over, whichever is greater, shall
be provided. Outdoor play areas shall be located a minimum distance
of 25 feet from any parking area, and 50 feet from any public right-of-way;
provided, however, that the Planning Board may vary this requirement
on a case-by-case basis to ensure that play areas are adequately screened
and buffered from vehicular areas. Outdoor play areas shall be directly
accessible from the principal structure, and shall not require crossing
any street, driveway or parking area for access. The Planning Board
may, as part of site plan review and in consultation with the prospective
operator, modify the area requirement to apply only to the largest
age group enrollment scheduled to use the outdoor play area at one
time.
E.
A six-foot-high solid fence or opaque fence combined with hedge or
tree plantings shall be provided to screen the outdoor play area where
it abuts a residential zoning district.
F.
Said facility shall provide a minimum of two exits.
G.
Child day-care facility shall adhere to the requirements of the New
York State Uniform Fire Prevention and Building Code, or successor
standards adopted by the State of New York.
H.
If part of an office building, said day-care center shall be located
on the first (ground) floor of the building.
The standards for educational institutions with accessory housing
shall be as follows:
A.
Required bulk standards.
(1)
Minimum lot size: 10 acres.
(2)
Minimum required lot frontage: 200 feet.
(3)
Minimum required lot width at building line: 200 feet.
(4)
Minimum required front setback from public right-of-way: 250
feet.
(5)
Minimum required side setback: 100 feet, with a minimum total
side setback of 200 feet.
(6)
Minimum required rear setback: 100 feet.
(7)
Minimum setback from internal roadway: 25 feet.
(10)
Maximum permitted building height: two stories, not to exceed 30 feet, except dormitories in the VC District shall not exceed three stories or 40 feet, whichever is less. In addition to the permitted height exceptions set forth in § 210-40 of this chapter, spires, belfry, domes, crosses, cupolas and other like religiously significant architectural elements are permitted to exceed the building height by 50% or 20 feet, whichever is less.
(11)
Minimum separation between detached buildings shall be 50 feet.
(12)
Buffer requirements as determined by the Planning Board to protect
privacy of the proposed facility and adjoining property owners, as
the case may be.
B.
Design requirements.
(1)
The applicant must obtain site development plan approval from the Planning Board in accordance with Article IX. In addition to all other requirements set forth in Article IX, the applicant must prepare and receive Planning Board approval for a landscaping plan addressing the following subjects:
(a)
Buffer area. Landscaping within the required setback areas to
visually screen the educational institution with accessory housing
from residential uses that are within the line of sight of the institution.
(b)
All portions of the project site not used for impervious surfaces
shall be attractively landscaped or left in a natural condition.
(2)
Usable open space. The educational institution with accessory
housing shall include at least one outdoor area of distinctive design
to create an area for gathering and/or recreation for use by the students,
staff, and faculty of such institution.
(a)
The usable open space shall be linked to an on-site pedestrian
walkway network.
(b)
For any educational institution wherein the accessory housing
consists solely of dormitories, the usable open space shall equal
no less than of 15% of the lot area.
(c)
For any educational institution wherein the accessory housing
consists solely of adult family student housing, the usable open space
shall be equal to no less than a ratio of three acres per 100 dwelling
units, or 15% of the lot area, whichever is greater.
(d)
For any educational institution wherein the accessory housing
consists of a combination of both dormitories and adult family student
housing, usable open space shall equal no less than 15% of the lot
area, plus additional usable open space equaling no less than a ratio
of three acres per 100 dwelling units.
(e)
For any educational institution wherein any adult family student
housing is proposed as accessory housing, either solely or in combination
with dormitories, no less than 20% of the usable open space shall
consist of active recreation.
(3)
Playing fields. Outdoor playing fields shall be set back from
neighboring streets and property lines a minimum of 250 feet, and
shall be screened from public view with fencing and/or buffer landscaping.
(4)
Lighting. Outdoor lighting shall be limited to that necessary
for operational reasons and shall be so designed as to not be incompatible
with surrounding land uses. The applicant shall provide a lighting
plan showing that exterior lighting will not be directly visible beyond
the boundaries of the property line to the maximum extent practicable.
Any lighting shall be directed away from adjoining streets and properties,
and shall be arranged as to reflect the light away from any adjoining
properties and abutting streets, highways and roads.
(5)
Noise. Noise-producing equipment and/or uses shall be sited
and/or insulated to prevent any detectable increase in noise above
ambient levels as measured at the property line. Public address systems
shall be absolutely prohibited.
(6)
Utilities. All utilities shall be installed underground or within
buildings.
C.
Parking and internal roadway requirements.
(1)
All on-site streets, roadways, driveways and parking areas are
to be edged with curb and constructed according to Village design
standards.
(2)
Structures or parts of buildings used solely for the parking
of vehicles are permitted a maximum height of three levels if the
first level is within three feet vertically of grade. Under no circumstances
shall a structure or building used for parking exceed 30 feet in height.
(3)
When considering a proposed parking structure, the Planning
Board shall consider the effects of the proposed structure in terms
of traffic and environmental concerns, such as noise, air quality
and headlight glare, particularly the effects on any proximate residential
properties, and shall require landscaping, fencing or other measures
to mitigate any adverse effects. Parking structures shall only be
incorporated into a site plan to achieve the objectives of this chapter,
including, but not limited to, preservation of open space and reduction
of building coverage.
(4)
On-site parking requirements shall be determined for each specific
component use contained within an educational institution with accessory
housing and then summed to determine the minimum number of required
parking stalls. Parking shall be provided in accordance with the table
below:
|
Table 1
On-Site Parking Requirements
| ||
|---|---|---|
|
Component Land Use
|
Required Off-Street Parking Spaces
| |
|
Educational use
|
1 space per 300 feet of floor area or 12 student seats, whichever
requirement is greater, plus 1 space per 2 enrolled students over
the age of 16
| |
|
Sanctuary space and other assembly spaces
|
1 space for 3.5 seats or chairs. In accounting for benches and
pews, 1 seat equals 3 linear feet of bench space.
| |
|
Administrative offices
|
1 space per 300 square feet of floor area
| |
|
Residential:
| ||
|
Student dormitory, high school
|
1 space per 4 beds
| |
|
Component Land Use
|
Required Off-Street Parking Spaces
| |
|
Student dormitory, post-secondary
|
1 space per 2 beds
| |
|
Convent/rectory/monastery
|
1 space per 3 beds
| |
|
1-bedroom dwelling unit
|
1.8 spaces per unit
| |
|
2-bedroom dwelling unit
|
2 spaces per unit
| |
|
3-bedroom dwelling unit
|
2.1 spaces per unit
| |
|
4-bedroom dwelling unit
|
2.4 spaces per unit
| |
D.
Health and safety considerations.
(1)
Sewer. Each applicant shall demonstrate through empirical data
that there is sufficient sewer capacity for the project, and shall
either secure Rockland County Health Department approval of a subsurface
septic disposal system or connect into an approved centralized wastewater
treatment system.
(2)
Water. Each applicant shall demonstrate through empirical data
that there is sufficient water capacity for the project, and shall
supply a potable water delivery system capable of meeting both the
domestic water and emergency fire-fighting needs of the facility.
(3)
Sprinkler. Fire protection must be provided by sprinkler system
throughout each building, regardless of whether such building(s) is
an existing structure or new construction.
E.
General housing provisions.
(1)
Housing shall only be permitted as an accessory use to an educational
institution, and shall consist of either dormitories and/or adult
family student housing as defined by this chapter.
(2)
The educational institution must occupy at least 35% of the
floor area of the project site.
(3)
There shall be no more housing units constructed as part of
any educational institution as there is capacity for full-time students
or faculty.
(4)
Housing units shall only be occupied in accordance with the
limitations set forth in this section. The educational institution
with accessory housing shall provide annual reports to the Village
Building Department demonstrating compliance.
(5)
No housing unit shall be permitted in a cellar or basement.
(6)
No housing unit shall be sold in fee simple or subdivided from
the educational institution use.
(7)
The duration of a student's residency shall not exceed six years
unless extended by Planning Board for good cause at the time of application
or upon written request. Good cause shall include, but not be limited
to, a longer period of full-time study consistent with recognized
religious practice or belief.
(8)
Central refuse collection areas shall be located for the convenience
of all dwelling units. They shall be supplied with an adequate number
and type of covered receptacles and shall be provided with proper
screening and maintenance. Such areas shall not be located in the
required front yard.
F.
Specific housing provisions.
(1)
Dormitories.
(a)
A dormitory or dormitory suite shall be permitted only in habitable
floors of a structure as defined by the State Building Code.
(b)
A dormitory building shall comply with the bulk standards set
forth in this section.
(c)
Each dormitory or dormitory suite constructed in association
with and as part of an educational institution shall be limited in
occupancy to full-time students or full-time staff. If a person ceases
to be eligible for occupancy, said person must vacate the dormitory
within 30 days.
(d)
For the purposes of this section:
[1]
Full-time students shall be defined as students who are enrolled
for no less than 15 hours of instruction per week.
[2]
Full-time staff shall be defined as employees of the educational
institution who perform no less than 15 hours per week of work for
said institution, including, but not limited to, office work, administration,
and classroom instruction.
(2)
Adult family student housing.
(a)
Adult students and faculty must be full-time, and the duration
of residency shall be limited to the period of full-time study or
teaching. If a person ceases to be eligible for occupancy, said person
and family must vacate his/her dwelling unit within 30 days.
(b)
Townhomes, attached homes and any multifamily residence building shall comply with the required bulk standards set forth in § 210-119A.
(c)
The site density for per net acre for townhomes or attached
homes shall not exceed six dwelling units per net acre.
(d)
Fifty percent of the dwelling units shall be either one- or
two-bedroom units. The remaining 50% of the dwelling units may be
three- or four-bedroom units. No more than 10% of the dwelling units
may be occupied by faculty.
(e)
The residential units shall not be occupied by anyone other
than adult students, adult faculty members, spouses or spousal equivalents
of the adult faculty or adult students, and minor children of the
adult students or adult faculty.
(f)
Occupancy of each residential unit shall be in accordance with
all applicable state laws, rules and regulations, including, but not
limited to, the Property Maintenance Code of New York State as set
forth in 19 NYCRR 1226, as may be amended from time to time.
(g)
The project shall provide a separate bus stop located on-site
along the street access, which may be within the required front yard.
The bus stop must be designated to ensure safe pick-up and drop-off
of children and to minimize impact on traffic flow.
G.
Signs. Signs shall be permitted for educational institutions with accessory housing in accordance with Article VIII of this chapter.
H.
Other conditions and safeguards. The Planning Board shall attach
such other conditions and safeguards to the special permit use as
are necessary for the protection of the health, safety and welfare
of the community, and to assure continual conformance with the intent
of this chapter.
I.
Discontinuation of use. If active and continuous use of the educational
institution is discontinued during a continuous period of one year,
the approval for residential use of the dormitories and/or adult family
student housing in connection with said educational institution shall
automatically terminate. The dormitories and/or adult family student
housing must be vacated within six months of said discontinuance.
The building(s) and land upon which the educational institution with
accessory housing had been established shall thereafter be occupied
and used only in a manner permitted in the applicable Zoning District,
subject to any necessary approvals required under the chapter.
J.
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit use, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
K.
Grandfathering. The provisions of this section shall not apply to
any application for an educational institution with accessory housing,
which is, as of the effective date hereof, the subject of a stipulation
of settlement or order of a court of competent jurisdiction.
