A.
The special permit uses as set forth in this article
shall be deemed to be permitted uses in their respective base zoning
districts. However, as special permit uses possess certain characteristics
which make them incompatible with existing uses, contiguous zoning,
permitted uses or future uses, each application for a special use
permit shall be considered on its individual merits.
B.
The special permit uses as set forth in this section
shall be subject to compliance with the requirements and standards
set forth herein in addition to all other applicable codes and requirements.
Any law, ordinance or code which is more restrictive than the provisions
of this article shall be deemed controlling, unless otherwise specified.
A.
Applications for approval of the following special
use permits shall be made to the Planning Board:
[Amended 6-5-2002 by L.L. No. 3-2002; 11-17-2004 by L.L. No.
6-2004; 4-19-2006 by L.L. No. 3-2006; 8-19-2009 by L.L. No.
8-2009]
|
Accessory apartments
| |
|
Adult day care, rest homes, nursing homes, convalescent
homes
| |
|
Amusement arcades
| |
|
Antiques stores
| |
|
Artistic studios and galleries
| |
|
Assembly of component parts
| |
|
Athletic, health clubs and health spas
| |
|
Automotive/gas station
| |
|
Automotive rental, repair, sales and detailing
| |
|
Bed-and-breakfast establishments, boardinghouses
| |
|
Camps
| |
|
Catering
| |
|
Child day care, nurseries and preschools
| |
|
Cocktail lounges and bars
| |
|
Commercial kennels and veterinary hospitals
| |
|
Commercial stables and riding academies
| |
|
Community residential facilities
| |
|
Clubs or lodges
| |
|
Communication antennae (excluding ham/amateur
radio)
| |
|
Delivery/messenger services
| |
|
Driving ranges (golf)
| |
|
Dry-cleaning establishments (on site/storefront)
| |
|
Educational and philanthropic uses
| |
|
Exterminating services
| |
|
Forest management/timber harvesting
| |
|
Golf courses and country clubs
| |
|
Home businesses or trades
| |
|
Hospitals
| |
|
Hotels, motels and inns
| |
|
Laundromats and laundries (on site/storefront)
| |
|
Photography studios
| |
|
Printing establishments
| |
|
Recreation, sports and entertainment (indoor/outdoor)
| |
|
Research laboratories and facilities
| |
|
Residential above commercial
| |
|
Restaurants, catering establishments (on and
off premises)
| |
|
Restaurant, fast-food
| |
|
Roadside stands
| |
|
Sales of construction and building materials
| |
|
Saw mills
| |
|
Schools
| |
|
Shopping centers and mini malls
| |
|
Single-family zero-lot-line
| |
|
Veterinary hospitals
|
B.
On application, and after a public notice given at
least five days before a public hearing, the Planning Board may authorize
the issuance of a permit for any of the special use permits allowed.
C.
The Planning Board may require that a plan of development for a proposed special use permit shall be submitted. If a plan of development is required in a residential area, the provisions of Article IV, Special Provisions for Residential Districts, of this chapter shall apply. If a plan of development is required in a nonresidential area, the provisions of Article V, Special Provisions for Nonresidential Districts, of this chapter shall apply. The Planning Board may also require other pertinent information that may be necessary to determine if the proposed special permit use is in harmony with the intent of this article, is unlikely to result in depressed values of property in the neighborhood and is unlikely to cause or result in any condition which would impair the use of property in accordance with this chapter.
D.
Any data, plans or drawings, including architect's
plans, voluntarily submitted by the applicant or the applicant's duly
authorized agent in support of the application and not required by
this and other applicable sections of this article may be accepted
in whole or in part by the Planning Board and made additional requirements
and conditions of the permit when granted.
E.
The Planning Board reserves the right to request that
additional items be submitted and may impose additional conditions
if these additional items and conditions are pertinent to the particular
application or will serve to protect the health, welfare and safety
of the community.
F.
Applications shall be accompanied by an appropriate
fee as established by resolution of the Town Board annually.
A.
In granting a special use permit, the Planning Board
shall take into consideration the public health, safety and welfare
and the comfort and convenience of the public in general.
B.
The special use permits as set forth in this article
shall be subject to compliance with the requirements and standards
set forth herein in addition to all other applicable codes and requirements.
Any local law, ordinance or code which is more restrictive than the
provisions of this article shall be deemed controlling, unless otherwise
specified.
C.
Except in the case of legal, preexisting nonconforming
uses, a special permit use shall conform to the area, yard, lot, coverage
and height restrictions of the base zoning district in which it is
located, unless otherwise specified.
D.
Where two or more special use permits are applied
for on the same premises, the minimum lot area shall be the total
of the minimum requirements for each use as specified in this chapter.
E.
Before granting a special use permit, the Planning
Board shall have concluded that the proposed special permit use:
(1)
Will have adequate off-street parking for the proposed
use.
(2)
Will be unlikely to cause or result in traffic problems
that will imperil public safety.
(3)
Will not adversely affect the quantity or quality
of the water supply in the neighborhood.
(4)
Will not cause a degradation in air quality or of
ground- or surface water quality.
(5)
Will not create erosion or cause sedimentation or
siltation.
(6)
Will have adequate screening and landscaping, if appropriate.
(7)
Will not create unreasonable noise, glare or other
nuisance in the neighborhood.
(8)
Will be accessible to emergency services.
(9)
Will not create any hazardous condition.
(10)
Will be properly maintained after the granting
of a special use permit.
(11)
Will be certified by the Fire Inspector as being
in compliance with fire safety requirements.
(12)
Will submit detailed exterior and interior layout
plans at the time of application.
(13)
Will have New York State, Putnam County Health
Department and any other required licenses, permits or approvals.
(14)
Will comply with site plan regulations.
(15)
Will provide the Fire Inspector with a list
of all chemicals and hazardous materials kept on the premises, if
any, and any hazard associated with their exposure to heat, fire and
water. All public warnings must be posted.
F.
Unresolved violations.[1]
[Added 9-15-2010 by L.L. No. 8-2010]
(1)
No
application for special use permit approval shall be entertained for
a property where a Notice of Violation has been issued under this
chapter or any other local law or ordinance of the Town unless the
granting of such special use permit application, together with such
other approvals as may be required from the Town, will result in the
correction of said violation. Unless waived by the Planning Board
for good cause shown in writing by the applicant, and except as otherwise
stated below, all activities on the site for which special use permit
approval is sought shall cease.
(2)
The application and permit fees (including, but not limited to, building permits) for those special use permit applications subject to Subsection F(1) above shall be double the fees which would apply to an application for which no Notices of Violation are outstanding.
[1]
Editor's Note: Former Subsection F, as amended
5-30-2001 by L.L. No. 4-2001, was deleted 6-26-2002 by L.L. No. 7-2002.
A.
Accessory apartments.
(1)
Eligibility for conversion. The following criteria
shall be applied by the Planning Board in considering the conversion
of an existing single-family dwelling to an existing single-family
with an accessory apartment.
(a)
The Planning Board may consider granting a special
use permit for the conversion of a single-family dwelling to a single-family
dwelling with an accessory apartment in any residential zoning district,
except where enforceable deed covenants prohibit the same.
(b)
A special use permit shall not be granted for
any parcel with an area of less than 1/2 acre.
(c)
A special use permit may be granted for the
conversion of a one-family dwelling, provided that the certificate
of occupancy was issued at least five years prior to the date of application,
and provided that no additional living space exceeding 10% of the
prior living space was added within the last five years, and provided
that no additions have been made without appropriate building permits.
(2)
Conditions for approval.
(a)
The owner shall reside in one of the two dwelling
units, which shall be the owner's principal residence. The owner's
dwelling unit may not be seasonally rented to another person or used
for any other purpose.
(b)
There shall be no more than two dwelling units
on a single parcel of land.
(c)
The conversion shall be limited to one building,
which shall be the principal building on the property. If an addition
is proposed, the addition may not exceed 10% of the square footage
of the existing single foundation, and the 10% may not be exceeded
while an accessory apartment permit is in effect for the premises.
After a special use permit has been granted, no building permit may
be issued for additional living space unless a variance has been granted
by the Zoning Board of Appeals. Other provisions of this chapter permitting
the expansion of nonconforming structures shall not apply to properties
with special use permits for accessory apartments.
(d)
Smoke detectors shall be hard-lined installed
in each dwelling unit, and each detector shall be wired so that all
detectors in the structure shall sound when one detector is activated.
The Planning Board may require additional fire safety measures recommended
by the Fire Inspector.
(e)
The accessory unit shall be self-contained,
with a separate entrance and separate cooking, sanitary and sleeping
facilities for the exclusive use of the occupant(s).
(f)
Only one entrance shall be in the front of the
building, if practical.
(g)
Number of bedrooms:
[1]
Where a parcel is one acre or more, the two
dwelling units shall not contain a total of more than five bedrooms,
unless the existing single-family dwelling has more than five bedrooms
and is assessed as such, in which case the existing number of bedrooms
may not be exceeded as the total for both units.
[2]
On parcels of more than 1/2 acre and less than
one acre, the two dwelling units shall not contain a total of more
than four bedrooms.
(h)
Off-street parking spaces or garages for a minimum
of four cars shall be provided and maintained within the applicant's
property for the term of the special use permit.
(i)
Unless a parcel is served by a year-round central
community/municipal water supply and by a central community/municipal
sewer system, the following conditions shall be met:
[1]
The septic system shall comply with the present
requirements of the Sanitary Code of the County of Putnam. Where records
are inadequate to demonstrate this compliance, certification of a
licensed engineer or architect attesting to said compliance shall
be required.
[2]
The application shall be accompanied by proof
that the septic tank on the premises has been pumped out and cleaned
by a licensed septic tank cleaner within the previous 12 months.
[3]
The application shall be accompanied by a water
quality report attesting to a satisfactory potable untreated water
sample. The water sample shall have been collected and analyzed by
an accredited laboratory, and the analysis shall include testing for
disinfectants as well as coliform bacteria.
[4]
No part of any septic system shall be located
within the controlled area of any lake, pond, stream, brook or source
of water supply.
(j)
No home business or trade or any other nonresidential
use shall be permitted in either dwelling.
(k)
The accessory unit shall not endanger the health,
safety or general welfare of the community.
(3)
Term of accessory apartment temporary special use
permits.
[Amended 6-26-2002 by L.L. No. 7-2002]
(a)
A special use permit shall be granted for a
period of three years and may be renewed every three years thereafter.
(b)
A temporary special use permit for an accessory
apartment and any renewal of such permit shall terminate on the transfer
of title to the premises or upon the failure of the permittee(s) to
continue to occupy the premises as a principal residence.
(c)
Upon the transfer of title of a residence whose
previous owner held a valid special use permit, the permit shall terminate.
Thereafter, the tenant shall have 90 days to relocate. The second
kitchen shall be removed by the owner within 60 days after the tenant
leaves, and the house shall revert to single-family status. Should
the new owner intend to live in the structure and to continue to maintain
a second dwelling unit therein, the new owner shall apply to the Code
Enforcement Officer for a special use permit within 90 days of the
transfer of property. The Code Enforcement Officer may issue a new
permit as if it were a renewal of an existing permit without interruption.
(4)
Renewal of temporary special use permits.
(a)
At least 30 days prior to the expiration of
the special use permit, the owner shall apply to the Code Enforcement
Officer for renewal of the permit, which the Code Enforcement Officer
may grant, provided that:
[1]
The Inspector finds that the owner has continued
to adhere to every required condition laid down in the granting of
the expiring permit.
[2]
The applicant has submitted a satisfactory water
quality test performed in the same manner as the initial testing required.
[3]
The applicant has submitted proof that the septic
tank on the premises has been cleaned by a licensed septic tank cleaner
during the term of the expiring permit, and the Code Enforcement Officer
has found no evidence of a defective septic system.
(b)
Where an owner fails to apply for a renewal
or, in the case of a transfer of property, the new owner fails to
apply for a new permit within the time limits specified herein, the
special use permit shall terminate, and any new application for a
special permit on the same premises shall conform to all conditions
set forth in this article for an original application.
B.
Adult day care, nursing homes and rest homes.
(1)
The lot area shall be a minimum of five acres with
a minimum frontage applicable to the specific base zoning district
but in no case less than 100 feet of road frontage.
(2)
The maximum total coverage of all principal and accessory
buildings combined shall not exceed 15% of the total area of the lot.
(3)
A minimum distance of 60 feet shall be provided between
all buildings as measured from the points where such buildings are
nearest to one another.
(4)
There shall be provided a minimum of 1,600 square
feet of lot area for each patient bed.
(5)
All facilities shall be accessible to the physically
challenged.
(6)
The facility shall be operated in full compliance
with all requirements of the State of New York.
(7)
A special use permit for an adult day care, nursing
home or rest home shall be valid for a period of four years.
C.
F.
Athletic clubs, health clubs and health spas.
(1)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
(2)
A schedule of activities and maximum capacities must
be submitted at the time of application.
(3)
Demonstration by the applicant that potential traffic
generation shall be within the reasonable capacity of the existing
or planned road or street providing access and that traffic circulation,
exit and entrance drives are laid out to minimize traffic hazards
and nuisances.
(4)
Demonstration by the applicant that the club and/or
spa will be appropriate in the proposed location and will have no
material adverse effect on existing or prospective conforming development,
and the proposed site is adequate in size for the use.
H.
Bed-and-breakfast establishments and boardinghouses.
(1)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
(2)
Bed-and-breakfast establishments and boardinghouses in residential zoning districts may display an advertising sign in conformity with Article XII of this chapter.
(3)
Putnam County Health Department and any other required
licenses, permits or approvals.
(4)
A special use permit for a bed-and-breakfast establishment
or boardinghouse shall be valid for a period of four years.
I.
Camp.
(1)
Any camp shall have a minimum size adequate for the
facilities proposed.
(2)
No building, structure, temporary shelter, parking
or loading area shall be located within 200 feet from any street or
adjoining property line.
(3)
In order to minimize noise, the Planning Board may
require buffers around property lines and landscaping or sound-absorbing
structures.
J.
Catering. See "restaurants, general/fast-food."
K.
Child day care, nurseries and preschools.
(1)
Child day care, nurseries and preschools shall be
duly licensed as required by the State of New York and the County
of Putnam.
(2)
Such facilities shall include an outdoor play area
of a size, design and location suitable for the specific use of and
for the number of children attending the facility.
(3)
A special use permit for child day care, nurseries
and preschools shall be valid for a period of four years.
M.
Cocktail lounges and bars. The Planning Board may
restrict hours of operation and hours of entertainment in a cocktail
lounge or bar.
N.
Commercial kennels.
(1)
Commercial kennels are permitted, provided that the
runs are a minimum of 400 feet from any property line.
(2)
Runs or pens shall be a minimum of 200 feet from any
watercourse, body of water, wetland or source of drinking water.
(3)
The Planning Board may require the planting of vegetation
or the erection of sound-absorbing structures to minimize any noise
nuisance in the neighborhood.
(4)
A special use permit for a commercial kennel shall
be valid for a period of four years.
O.
Commercial stables and riding academies.
(1)
Commercial stables and riding academies are permitted,
provided that such use is on a lot that is two times the area required
in the base zoning district.
(2)
No building or pens for the housing of livestock are
located within 100 feet of any property line, street line, body of
water, watercourse, wetland or drinking water source.
(4)
Lot coverage of all structures shall not exceed 10%
of the lot with the exception of the Preservation District (PD) where
the lot coverage of all structures shall not exceed 2% of the lot.
P.
Communication tower (excluding ham/amateur radio).
(1)
The location and construction of any communication
tower shall be such as not to endanger the public or surrounding property.
A right-of-way of sufficient width shall be required to permit the
safe construction and maintenance of the antennae line and to prevent
any hazard to the surrounding property.
(2)
Suitable fencing or landscaping around the tower base
may be required when, in the opinion of the approving authority, it
is necessary to protect the public or conserve the values of surrounding
property.
(3)
Said facility shall comply with all setback regulations
for a principal structure.
(4)
No tower, excluding ham/amateur radio, shall exceed
100 feet in height, except when the required front, rear and side
setbacks are each increased by two feet for each one foot of the antennae
excess.
Q.
Community residential facilities. In accordance with
the purposes of this article and in furtherance of the policy of the
State of New York to deinstitutionalize those who cannot be cared
for in their natural homes by placing them in small, dispersed group-living
facilities, which are designed to give an outwardly similar appearance
to other family dwelling units in the community, the following special
use permit regulations shall be applied:
(1)
Said facility shall be set up in size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household. As such, it shall not permit transients
or transient living, nor shall it be established in an institutional-type
arrangement. Said facility shall be headed by a full-time sleep-in
householder or householders, who provide on-site supervision for the
residents and any other supervision provided by applicable law or
governmental regulations.
(2)
Said facility shall have a maximum occupancy of 14
persons, excluding full-time, sleep-in householders(s) or supervisors.
(3)
For purposes of furthering the state's dispersal and
deinstitutionalization policy, to prevent the concentration of community
residential facilities in any one area and to preserve the social
as well as the physical character of the residential living environment
of the town, no community residential facility shall be established
if any portion of the lot in which said facility is situated is within
2,000 feet of any portion of any other lot whether said lot is within
or without the Town of Putnam Valley, on which another group-living
type use is situated. Moreover, in no event shall more than one such
facility be located in any structure or in any group of structures
on a given lot.
(4)
Said facility shall conform with and shall be maintained
in accordance with the overall character and appearance of the surrounding
residential area. No sign that advertises the use or occupancy of
said home shall be erected.
(5)
Any applicant for a special use permit for a community
residential facility shall submit the following information to the
Planning Board along with the application for the special use permit:
(a)
The governmental authorization to operate said
facility.
(b)
A description of the proposed facility, the
number of and approximate ages and, if applicable, the disability
of persons to be accommodated and the number and qualifications of
resident adult supervisory personnel.
(c)
A vicinity map indicating the location of the
proposed facility in relation to other existing community residential
facilities or other similar types of care facilities within a radius
of one mile of the subject site, as made after reference from and
a review of the Code Enforcement Officer's registry of community residential
facilities.
(6)
The Code Enforcement Officer shall maintain an up-to-date
register of all community residential facilities in the town.
(7)
Any change in the nature, size or type of the operation
of any approved facility shall be subject to a complete new application
for a special use permit, in accordance with the same standards and
procedures as required for the original application.
(8)
A special use permit for a community residential facility
shall be valid for a period of four years.
R.
Delivery/messenger service. There shall be a sufficient
portion of the lot area devoted to on-site parking and loading facilities.
S.
Driving ranges (golf).
(1)
Any golf driving range shall have a minimum size of
15 acres.
(2)
No building, structure or temporary shelter shall
be located within 100 feet from any street or adjoining property line.
Golf tees shall be located no less than 100 feet from the project
property line.
(3)
No storage of fertilizer shall be within 100 feet
of any street line or property line or within 100 feet from any body
of water, watercourse, wetland or drinking water source.
(4)
Suitable screening, landscaping or fencing shall be
provided to protect adjacent properties from physical damage, noise,
glare of lights or other similar nuisances.
T.
On-site dry-cleaning establishments.
(1)
The applicant shall submit the following information:
cleaning process to be done on site, cleaning process to be done off
site and storage of chemicals to be used on site.
(2)
The applicant shall also submit details on estimated
water usage, water conservation measures, water purification and disposal
of waste.
(3)
The Code Enforcement Officer must, as part of the
special use permit conditions, require yearly reviews of the dry-cleaning
establishment operations.
(4)
A special use permit for a dry-cleaning establishment
shall be valid for a period of four years.
U.
Storefront dry-cleaning establishments. Any on-premise
dry cleaning shall result in the immediate suspension of a special
use permit pending a public hearing on its revocation.
V.
Educational or philanthropic uses by nonprofit organizations
and houses of worship.
[Amended 4-19-2006 by L.L. No. 3-2006]
(1)
Such use shall be located on a lot having an area
that is at least two times the minimum lot area in the base zoning
district.
(2)
Recreation areas may be required based upon the nature
of the school and the ages, needs and numbers of the students.
(3)
Setbacks greater than those in the base zoning district
may be required.
(4)
Special attention shall be paid to internal traffic
controls, vehicular circulation and to the hazards created by the
movement of school buses.
(5)
The total lot coverage of all buildings shall not
exceed 15% of the lot area.
W.
Exterminating services.
(1)
Applications for a special use permit shall be accompanied
by complete plans for the safe storage of chemicals to be used.
(2)
A complete listing of all chemicals stored on the
premises and any hazards associated with their exposure to heat, fire
or water shall be kept on file in the office of the Fire Inspector.
X.
Forestry management and timber harvesting. Special conditions for forestry practices and timber management are as laid down in Chapter 140, Forestry, of the Code of the Town of Putnam Valley.
Y.
Golf courses and country clubs, including driving
ranges, recreational facilities and accessory buildings:
(2)
No building, structure, temporary shelter, parking
or loading area shall be located within 200 feet from any street or
adjoining property line. Golf tees shall be located no closer than
100 feet from the project property line.
(3)
No fertilizer shall be stored within 100 feet of any
street line or property line or within 100 feet from any body of water,
watercourse, wetland or drinking water source.
(4)
The clubhouse shall be subject to a site plan and
architectural review and shall be compatible with the surrounding
area.
(5)
The maximum coverage of the site by all buildings
or structures shall be no greater than 5% of the gross site area,
except in Preservation (PD) District.
(6)
There shall be no more than one sign facing each public
street, announcing the name of the facility. Such sign shall be nonmoving
and, if lighted, shall be indirectly lit.
Z.
Home business or trade.
(1)
Home business or trade shall occupy not more than
25% of the floor area of the principal structure on the site.
(3)
Merchandise, products and other materials shall not
be stored or displayed outside.
(5)
Home business or trade shall be incidental to the
residential use of the premises and shall be carried on by a resident
therein with not more than three nonresident assistants.
(6)
Home business or trade shall not create noise, dust,
odors, vibrations, fumes or smoke readily discernible at the exterior
boundaries of the parcel on which such home business or trade is situated,
nor create any electrical disturbance adversely affecting the operation
of any equipment located in any dwelling unit or on property not owned
by the person conducting such home business.
(7)
No more than two commercial vehicles may be parked
or stored on the premises and shall be garaged or screened from the
property lines. However, if such storage will not detract from the
residential character of the neighborhood, the Planning Board may
permit the parking or storage of a greater number of commercial vehicles.
(8)
Home business or trade shall be permitted without
a special use permit, provided that all of the following conditions
are met:
AA.
Hospital.
(1)
No hospital shall be operated within the Town unless
it is in full compliance with all of the requirements of the State
of New York.
(2)
Special attention shall be paid to internal traffic
controls, vehicular circulation, delivery entrances and to the hazards
created by the movement of emergency vehicles.
(3)
A plan for the disposal of all hospital waste shall
be submitted to the Planning Board, which may require regular reports
of its continued compliance with the approved plan.
BB.
Hotels, motels and inns.
(1)
Hotels, motels and inns are permitted for the accommodation
of transient overnight guests for stays of not more than 30 consecutive
days.
(2)
The owner or operator shall hold a valid license issued
annually by the Town Clerk and shall be in full compliance with the
regulations of the Putnam County Department of Health.
(3)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
CC.
On-site laundromats and laundries.
(1)
The Planning Board may require well-yield testing
to demonstrate the availability of adequate water supply and ensure
that water usage and disposal by the proposed facility will not adversely
impact the water supply of water users in the vicinity.
(2)
The Planning Board may limit the hours of operation.
DD.
Storefront laundromats and laundries. Any on-premises
dry cleaning or laundering shall result in the immediate suspension
of a special use permit pending a public hearing on its revocation.
EE.
Photography studios and printing establishments.
(1)
An application for a special use permit for a photography
studio or printing facility shall be accompanied by full disclosure
of the anticipated use of toxic substances and solvents in the operation
as well as a plan for their disposal.
(2)
The Planning Board may limit the hours of operation
of a printing establishment.
FF.
Recreation, sports and entertainment facilities.
(1)
In order to minimize noise, the Planning Board may
require buffers around property lines and landscaping or sound-absorbing
structures.
(2)
Trails or racing tracks for motorized vehicles of
any kind are prohibited.
(3)
"War games" are prohibited. Paintball and airsoft
activities are permitted with special use permit on parcels that are
a minimum of 10 contiguous acres in size, excluding Town wetlands
or sensitive habitat areas.
[Amended 10-19-2022 by L.L. No. 5-2022]
GG.
Research laboratories and facilities.
(1)
The Planning Board may require well-yield testing
to demonstrate the availability of adequate water supply and ensure
that water usage and disposal by the proposed facility will not adversely
impact the water supply of water users in the vicinity.
(2)
An application for a special use permit shall be accompanied
by full disclosure of the anticipated use of toxic substances and
solvents in the operation as well as a plan for their disposal.
(3)
A complete listing of all chemicals stored on the
premises and any hazards associated with their exposure to heat, fire
or water shall be kept on file in the office of the Fire Inspector.
HH.
General and fast-food restaurants.
(1)
The Planning Board may limit the hours of operation
and the hours of entertainment of any restaurant located in a residential
zoning district.
(2)
Restaurants shall be certified by the Fire Inspector
as being in full compliance with firesafety regulations.
(3)
The applicant shall submit a plan for the maintenance
and disposal of all waste.
II.
Roadside stands.
(1)
The Planning Board may require the removal of roadside
structures when not in use.
(2)
The location of a roadside stand shall not create
traffic hazards, shall have adequate sight distance and shall allow
adequate and safe parking for customers on the site.
(3)
A special use permit for a roadside stand shall be
valid for a period of four years.
JJ.
KK.
Schools and educational institutions.
(1)
Schools shall be certified by the Fire Inspector as
being in compliance with firesafety regulations.
(2)
Recreation areas may be required based upon the nature
of the school and the ages, needs and numbers of the students.
(3)
Setbacks greater than those in the base zoning district
may be required.
(4)
Special attention shall be paid to internal traffic
controls, vehicular circulation and to the hazards created by the
movement of school buses.
(5)
New York State and Putnam County Health Department's
approval and other required licenses.
NN.
Veterinary hospitals.
(1)
Veterinary hospitals are permitted, provided that
the runs or pens are a minimum of 400 feet from any property line.
(2)
Runs or pens shall be a minimum of 200 feet from any
watercourse, body of water, wetland or source of drinking water.
(3)
The Planning Board may require the planting of vegetation
or the erection of sound-absorbing structures to minimize any noise
nuisance in the neighborhood.
(4)
New York State, Putnam County Health Department and
other required licenses, permits or approvals shall be required.
(5)
A plan for the disposal of all hospital waste shall
be submitted to the Planning Board, which may require regular reports
of its continued compliance with the approved plan.
A.
Special use permits may terminate with any change
of use, expansion of use, failure to abide by the conditions of the
special use permit or misrepresentation on an application.
B.
Temporary special use permits shall terminate upon
any transfer of the property to a new owner or lessee, a violation
of terms of the permit or upon any change of use. Temporary special
use permits shall be limited as follows:
[Amended 6-26-2002 by L.L. No. 7-2002]
(1)
A special use permit for an accessory apartment shall
be valid for a period of three years.
(3)
Other special use permits granted for a particular
operation shall terminate at the completion of the operation or upon
expiration of the permit. Such limitation shall be specified as a
condition of the special use permit.
C.
Renewal of temporary special use permits. No less than 30 days prior to the expiration of a temporary special use permit, the permit holder shall make application to the Planning Board for a renewal. Where the applicant is in full compliance with the previously approved conditions, including the standards in § 165-35 of this article, the permit shall be renewed. Where the Code Enforcement Officer finds that the applicant is not in compliance with those decisions, the application shall be referred to the Planning Board for review.
D.
Revocation of a special use permit. Upon notice of
violation issued by the Code Enforcement Officer, the holder of a
special use permit may remedy the violation within a period of 30
days, request a hearing before the Planning Board or forfeit the special
use permit which shall become null and void.
