All special permit uses cited in the District Schedule of Use Regulations in Article III, § 164-8, shall be subject to review and approval by the Planning Board in accordance with the standards and procedures set forth in this article. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of and in full conformity with plans approved and conditions imposed by the Planning Board. In accordance with the District Schedule of Use Regulations, most uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article V of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to the
use and the location of the site with respect to existing and future
streets and roads providing access shall be in harmony with the orderly
development of the district.
B.
The location, nature and height of the buildings,
walls and fences and the nature and intensity of intended operations
will not discourage the appropriate development and use of adjacent
land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate
but not excessive in number; be adequate in width, grade, alignment
and visibility; be sufficiently separated from street intersections
and places of public assembly; and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street
parking and loading spaces shall be provided to prevent parking in
public streets of vehicles of persons connected with or visiting the
use.
E.
All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and streets or roadways, and the general landscaping of the site shall
be in character with the generally prevailing in the neighborhood.
Such landscaping shall include the preservation of existing trees
to the extent practicable.
F.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
G.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties, by reason of
noise, fumes, vibration or flashing lights, than would the operations
of any permitted principal use and shall not adversely affect the
general welfare of the inhabitants of the Town of Stanford.
H.
The use shall meet the prescribed area and bulk requirements
for the district in which located or as further specified in the supplementary
regulations, including such matters as minimum setback, maximum height,
required off-street parking and sign regulations.
I.
The level of services required to support the proposed
activity or use is or will be available to meet the needs of the proposed
activity or use.
J.
The Planning Board is in a position to require additional
conditions and safeguards to the special permit as may be necessary
to assure continual conformance to all applicable standards and requirements,
including reasonable assurance that these conditions and safeguards
can be responsibly monitored and enforced.
In addition to the general standards stated above and the site plan review considerations stated in Article VII of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Accessory apartment within a single-family dwelling
located on a legally-established lot of not less than 1.5 acres in
area to provide the opportunity for senior citizens and other persons
with special housing needs to remain in the community either in residences
owned by them or as occupants of accessory apartments.
(1)
Only one accessory apartment for a total of two dwelling
units shall be permitted in the residential structure.
(2)
The owners of the single-family dwelling unit shall
occupy at least one of the dwelling units.
(3)
The number of bedrooms in the accessory apartment
shall be limited to one, and the number of residents in the apartment
shall be limited to two persons.
(4)
The accessory apartment shall occupy a maximum of
35% of the existing habitable floor space of the residential structure
in which it is contained and shall provide not less than 400 nor more
than 600 square feet of habitable space.
(5)
All building code or other requirements under local
law or ordinance and other applicable laws and regulations shall be
complied with, and both a building permit and a certificate of occupancy
shall be obtained before occupancy.
(6)
As a general standard, no addition greater than 100
square feet in floor area beyond the present exterior walls of an
existing residential structure shall be permitted to accommodate an
accessory apartment. In the more restricted case of a proposed accessory
apartment within an existing residential structure on a nonconforming
lot, no addition to the existing residential structure shall be permitted
to accommodate the accessory apartment.
(7)
The applicant shall certify that the water supply
is potable by certification through the Dutchess County Health Department
and shall further certify that water-conserving fixtures have been
installed for the accessory unit in accordance with Environment Conservation
Law § 15-0314.
(8)
The applicant shall certify that the sewage disposal
system is adequate for the two dwelling units. Certification may be
obtained by a licensed professional engineer or the Town Sanitarian.
(9)
Any new exterior entrance created to accommodate the
accessory apartment shall be located at the side or the rear of the
structure. Stairways leading to any floor or story above the first
floor shall be located within the walls of the building wherever practicable.
In no instance shall a stairway or fire escape be located on any wall
fronting on a street.
B.
Accessory apartment in a detached structure existing
at the time of adoption of this chapter on the premises of a single-family
dwelling unit located on a legally established lot of not less than
1.5 acres in area to provide the opportunity for senior citizens and
other persons with special housing needs to remain in the community
either on residential premises owned by them or as occupants of accessory
apartments.
(1)
Only one accessory apartment for a total of two dwelling
units shall be permitted on the residential premises.
(2)
The owners of the residential premises shall occupy
at least one of the dwelling units.
(3)
The number of bedrooms in the accessory apartment
shall be limited to one, and the number of residents in the apartment
shall be limited to two persons.
(4)
The accessory apartment shall provide not less than
400 square feet of habitable floor area.
(5)
The accessory apartment shall occupy a maximum of
600 square feet or a maximum of 35% of the existing habitable floor
space of the principal residential structure on the premises, whichever
is the more restrictive.
(6)
All Building Code or other requirements under local
law or ordinance and other applicable laws and regulations shall be
complied with, and a building permit and a certificate of occupancy
shall be obtained before occupancy.
(7)
No addition greater than 100 square feet in floor
area beyond the present exterior walls of the existing detached structure
shall be permitted to accommodate the accessory apartment.
(8)
Water supply and sewage disposal facilities shall
be provided and approved in accordance with the standards and requirements
of the Dutchess County Health Department and the further requirements
of Environmental Conservation Law § 15-0314 regarding the
use of water-conserving fixtures.
C.
D.
Bed-and-breakfast establishment.
(1)
The bed-and-breakfast establishment shall be created as an accessory use and a home occupation, as defined in § 164-59 of this chapter, through the conversion of a portion of a residential dwelling legally existing on September 12, 1991.
(2)
Upon conversion of a portion of its floor area to
a bed-and-breakfast establishment, the residential dwelling shall
retain not fewer than two bedrooms for the exclusive use of the occupants
of the principal dwelling unit to which the bed-and-breakfast is subordinate.
(3)
The bed-and-breakfast establishment shall offer not
more than four rooms for rent for transient occupancy, nor shall the
establishment accommodate more than eight persons on any occasion.
(4)
The owner-operator of the establishment shall be a
principal owner-occupant of the single-family residential dwelling
in which the guest rooms are located.
(5)
The applicant shall certify that the water supply
is adequate and potable by certification through the Dutchess County
Department of Health guidelines. Certification to the Town shall be
through either the Dutchess County Department of Health or a licensed
professional engineer retained by the applicant.
(6)
The applicant shall certify that the sewage disposal
system is adequate to accommodate both the single-family residential
use of the premises and the bed-and-breakfast establishment. Certification
may be obtained by a licensed professional engineer or the Town Sanitarian.
(7)
Off-street parking, provided in accordance with § 164-16 of this chapter, shall be located on the parcel on which the bed-and-breakfast establishment is located. Parking, where practicable, shall be located behind the residential structure.
(8)
As in the case of permitted home occupations, a single
identity sign not exceeding four square feet in total surface area
shall be permitted. Unless attached to the principal structure, no
such sign shall be located closer than 15 feet to the front property
line or closer than 25 feet to any other property line.
(9)
In order to effectuate the conversion of a portion
of a residential dwelling to a bed-and-breakfast establishment, no
addition to the structure greater than 100 square feet in gross floor
shall be authorized.
E.
F.
Commercial or other industrial activity directly serving
farm operations.
(1)
Requirements shall be as follows:
(a)
Minimum lot area: five acres.
(b)
Off-street parking: parking or storage space
for all vehicles used directly in the conduct of the business, including
employee parking, plus three parking spaces for the first 1,000 square
feet of floor area and one additional parking space for each additional
200 square feet of floor area.
(c)
Minimum building setback from all property lines:
150 feet.
(2)
No accumulation of solid wastes conducive to the breeding
of rodents or insects shall be permitted.
G.
Convenience store.
(1)
The maximum gross floor area shall be 2,000 square
feet.
(2)
The number of fuel dispensing nozzles is restricted
to a maximum of eight.
(3)
Those establishments which sell gasoline in combination
with a quick-stop retail food outlet shall:
(a)
Ensure that adequate parking is available on
site for customers making purchases at the store but not buying gasoline.
This parking area shall be located in such a manner that it does not
interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal
of stock packings removed by store employees and provide trash receptacles
for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise.
(d)
Locate all vending machines within the building.
(e)
Direct all rooftop heating/ventilation/air-conditioning
or refrigeration units away from adjacent residential properties.
(f)
Meet all applicable standards otherwise stated
for gasoline stations later in this section.
H.
Dog kennels or the harboring of more than five dogs.
(1)
Minimum lot area: 10 acres.
(2)
Minimum setback of kennels from all lot lines: 250
feet.
(3)
Hours of operation shall be limited to 7:00 a.m. to
8:00 p.m. "Hours of operation" means those hours when dogs are brought
to and from the establishment and when dogs are allowed out of cages.
(4)
Buildings housing dogs after hours of operation shall
be soundproofed so that noises emitted from the kennel building, when
measured at any individual property line, shall not exceed 60 decibels.
(5)
All kennels shall be screened from all adjacent roads
and property lines with fencing and/or plantings so as not to be visible
from said roads or property lines.
I.
Gasoline stations.
(1)
The lot shall have a minimum frontage of more than
200 feet along a collector street or secondary highway.
(2)
No gasoline station shall be located within 500 feet
of any church, school, library, playground, museum, historic building
or similar place of public assembly, drainage channel, surface waters
or environmentally sensitive areas, such as wetlands or aquifer recharge
areas, as are located in the Town's Comprehensive Plan.
(3)
Entrance or exit driveways shall be located at least
20 feet from any side or rear property line. Such driveways shall
be so laid out so as to avoid the necessity of any vehicle backing
across any right-of-way.
(4)
Curbs shall be constructed so as to channelize all
traffic to permitted curb cuts; there shall be no more than two curb
cuts on any street frontage.
(5)
All pumps and lubricating and other devices shall
be located at least 50 feet from any property line.
(6)
All gasoline, oil or other volatile flammable liquids
shall be stored in accordance with the provisions of the applicable
Town ordinances and of New York State Environmental Conservation Law
Part 614 regulations.
(7)
All motor vehicle parts, dismantled vehicles and similar
articles shall be stored within the principal building.
(8)
Storage areas for vehicles waiting for service shall
be provided on site and shall not occur on a public street or highway;
not more than five motor vehicles shall be stored outdoors at any
time between 12:00 midnight and 6:00 a.m.
(9)
Sufficient parking spaces shall be provided for all
vehicles stored or being serviced at any one period of time, plus
a minimum of five additional spaces.
J.
General repair shop.
(1)
Off-street parking: one space for every vehicle used
in the conduct of such business, plus two spaces for each person regularly
employed on premises.
(2)
Minimum setback from all property lines: 50 feet.
(3)
Any outdoor storage of materials or repair items shall
be screened, with planting or fencing, from adjacent properties and
streets.
(4)
No discharge shall be permitted at any point into
any private sewage disposal system or street or into the ground of
any materials in such a way or of such nature or temperature as can
contaminate any water supply or otherwise cause the emission of dangerous
or objectionable elements. No accumulation of solid wastes conducive
to the breeding of rodents or insects shall be permitted.
(5)
Hours of operation shall be limited to 8:00 a.m. to
10:00 p.m.
K.
Guest cottage.
(1)
The maximum gross floor area devoted to the guest
cottage shall be 2,500 square feet. A guest cottage shall be deemed
an accessory building to the primary residence, which shall be the
primary use of the premises.
[Amended 6-27-1996 by L.L. No. 1-1996; 2-8-2016 by L.L. No. 1-2016]
(2)
Not more than one guest cottage shall be authorized
on a residential premises.
(3)
The guest cottage shall be supported by water supply
and sewage disposal facilities deemed suitable by the Dutchess County
Health Department, which facilities may be shared with the principal
dwelling unit on the premises.
(4)
The guest cottage shall be in compliance with all
provisions of the New York State Uniform Fire Prevention and Building
Code. All other applicable laws, ordinances and regulations shall
be complied with, and both a building permit and a certificate of
occupancy shall be obtained before occupancy.
(5)
The guest cottage shall satisfy all setback requirements set forth in § 164-9 of this chapter for a principal structure and shall be located on a lot which meets twice the minimum lot area requirements for the zoning district as set forth in said chapter. The lot may not be a legally nonconforming existing lot of record of less than the minimum prescribed lot area for guest cottages as provided for herein.
[Amended 6-27-1996 by L.L. No. 1-1996]
(6)
A guest cottage shall be permitted to have kitchen
facilities necessary for the occupants or guests residing in the guest
cottage.
[Added 6-27-1996 by L.L. No. 1-1996]
(7)
There shall be no exchange of money or rental of a
guest cottage.
[Added 6-27-1996 by L.L. No. 1-1996]
L.
Housing for farm employees.
(1)
The housing shall be provided exclusively for employees
and families of employees who gain their principal income from employment
on the farm parcel by the host farm.
(2)
The housing shall be supported by water supply and
sewage disposal facilities deemed suitable by the Dutchess County
Health Department.
(3)
The housing shall be in compliance with all applicable
provisions of the New York State Uniform Fire Prevention and Building
Code. All other applicable laws, ordinances and regulations shall
be complied with, and both a building permit and a certificate of
occupancy shall be obtained before occupancy.
(4)
The host farm parcel shall be not less than 50 acres.
M.
Light industry (excluding mining).
(2)
In addition to the general standards of § 164-21, the following special conditions shall apply, and the Planning Board shall ensure, in its review of such uses, that the following performance standards are met or that sufficient mitigation measures are set forth by the project applicant, so that the health, safety and welfare of the community are adequately protected:
[Amended 11-9-1995 by L.L. No. 2-1995]
(a)
No dust, dirt, fly ash or smoke shall be emitted
from the use.
(b)
No offensive odors shall be emitted into the
air.
(c)
No noxious, toxic or corrosive fumes or gases
shall be emitted into the air from any lot.
(d)
No offensive wastes shall be discharged or dumped
into any river, stream, watercourse, storm drain, pond, lake or wetland;
no offensive wastes shall be discharged or dumped into any lands unless
legally authorized. No accumulation of solid wastes, as that term
is defined in the Environmental Conservation Law, shall be permitted.
(e)
No material which is potentially dangerous due
to the risk of explosion, fire hazard or radioactivity shall be used,
stored, manufactured, processed or assembled.
(f)
With the exception of time signals and noise
necessarily involved in the construction or demolition of buildings
and other structures, no noise which is objectionable due to volume,
intermittence, beat, frequency or shrillness shall be transmitted
outside the lot where it originates.
(g)
With the exception of vibration necessarily
involved in the construction or demolition of buildings, no vibration
shall be transmitted outside the lot where it originates.
(h)
No glare from lighting shall be transmitted towards any highway or driveway or be transmitted into or within any residence district. The applicant shall submit a lighting plan as required in the site plan application, Section § 164-32A(18).
(i)
The location, type, character and size of the
use and of any buildings, structures or facilities in connection therewith
will be harmonious with the character of the neighborhood, will not
detract from the appearance and beauty of the neighborhood, will not
hinder or discourage the appropriate development and use of adjacent
property or impair the value thereof and will conform to the appropriate
and orderly development of the Town and the neighborhood.
(j)
The nature and location of the use and of any
building or structure in connection therewith will be such that there
will be adequate access to it for fire and police protection purposes.
(k)
The streets serving the proposed use shall be
adequate to carry anticipated traffic, and provision shall be made
for entering and leaving the property in such manner that no hazard
to traffic or traffic congestion is created. Adequate off-street parking
and loading facilities shall be provided.
(l)
The lot on which the use is to be established
shall be of sufficient size and dimension to permit the conduct of
the use in a manner which is not detrimental to the neighborhood.
(m)
The building, structures and site layout will
be suitably landscaped and maintained and will have adequate land
area, yard and setbacks so as to maintain the character of the neighborhood.
(n)
The use will not interfere or limit in any way
the function of any adjacent or nearby agricultural use.
(o)
The minimum site area shall be 10 acres.
(p)
No building shall be located within 200 feet
of the center line of a street.
(q)
A landscaped buffer 200 feet in depth shall
be maintained in the front yard and all side and rear yards.
N.
Livestock feed and sales lots.
(1)
Minimum lot area: five acres.
(2)
Minimum setback from any property line: 250 feet.
(3)
Off-street parking for livestock sales lots: one space
for each vehicle used directly in the conduct of such business, plus
one space for every two persons employed on premises, plus additional
spaces as may be required by the Planning Board to accommodate anticipated
customers.
O.
Miscellaneous manufacturing.
(2)
No discharge shall be permitted at any point, into
any private sewage disposal system or street or into the ground of
any materials in such a way or of such nature or temperature as can
contaminate any water supply or otherwise cause the emission of dangerous
or objectionable elements. No accumulation of solid wastes conducive
to the breeding of rodents or insects shall be permitted.
P.
Motor vehicle repair shop.
(1)
Minimum lot area: one and one-half (1 1/2) acres.
(2)
Off-street parking: one space for every vehicle used
in the conduct of such business, plus two spaces for each person regularly
employed on premises.
(3)
Any outdoor storage of materials or repair items,
such as but not limited to automobiles, shall be screened with planting
or fencing from all adjacent properties and streets.
(4)
No discharge shall be permitted at any point into
any private sewage disposal system or street or into the ground of
any materials in such a way or of such nature or temperature as can
contaminate any water supply or otherwise cause the emission of dangerous
or objectionable elements. No accumulation of solid wastes conducive
to the breeding of rodents or insects shall be permitted.
(5)
Hours of operation shall be limited to 6:00 a.m. to
9:00 p.m.
Q.
Multifamily dwellings.
(1)
Number of units permitted. The total number of dwelling
units permitted on any multifamily dwelling premises shall be determined
in accordance with the following table:
|
Lot Area
(acres)
|
Total Units Allowed
|
Building Setback from all Property Lines
(feet)
|
|---|---|---|
|
5 to less than 8
|
3 to 5
|
100
|
|
8 to less than 12
|
6 to 10
|
150
|
|
12 to less than 15
|
11 to 15
|
225
|
|
15 or more
|
16 to 20
|
300
|
(2)
Specific development standards.
(a)
The specific development standards for multiple
dwellings shall be as follows:
[1]
Minimum lot area: five acres.
[2]
New York State Health Department Regulations and New York State Department of Environmental Conservation standards must be met to the satisfaction of the Town of Stanford's consulting engineer relative to water quality and supply and sewage disposal. Fees for the services of the consulting engineer shall be paid by the applicant according to the criteria of § 164-24 of this article.
[3]
Minimum size of dwelling unit: 600 square feet.
[4]
Off-street parking: 2.5 spaces for each dwelling
unit.
(b)
All multiple dwellings must conform to appropriate
standards of the New York State Uniform Fire Prevention and Building
Code.
(c)
All parking and service areas shall be screened
with plantings or fencing from adjacent properties and streets.
(d)
Sight distance at all entrances and exits must
be unobstructed for a distance of 300 feet, or such greater distance
as may be required by the agency of jurisdiction.
(e)
All units must have access to a public or private
street, except residences which need not front on a street but must
have access thereto via a court, walkway or other area dedicated to
public use or owned and maintained by a permanent resident nonprofit
homes association or similar corporation.
(3)
Conversion of existing single-family residential buildings.
It is the intent of the Town of Stanford to allow for the conversion
of existing single-family residential units in all zones into multifamily
units as a special permit use when and if the following standards
are met:
(a)
The general standards stated in § 164-21 of this article and the above-stated specific standards applicable to multifamily dwellings are strictly met.
(b)
In addition, all new entrances shall be located
and designed to not be apparent from the front of the house or as
otherwise viewed from the adjacent public right-of-way.
R.
Outdoor retail.
(1)
Off-street parking: parking or storage space for all
vehicles used directly in the business shall be required, plus one
space for every two persons employed on the premises in maximum seasonal
employment and such additional parking space as may be required by
the Town of Stanford Planning Board based on the nature of the business
and other related factors.
S.
Pig and fur farms.
(1)
Minimum lot area: 10 acres for the first five animals.
One additional acre will be required for each additional five animals
or fraction thereof.
(2)
Minimum setback for pens from all lot lines: 250 feet
for the first 30 pigs. The setback shall be increased to 500 feet
for farms with more than 30 animals.
(3)
No offensive odors shall be emitted into the air so
as to endanger the public health and safety or to impair safety on
or the value or reasonable use of any other adjacent lot.
T.
Radio or television tower or antennas greater than
35 feet in height.
(1)
The tower or antenna shall be less than 75 feet in
height and shall be not less than 100 feet from any property line.
(2)
The tower or antenna shall be screened from surrounding
properties, adjacent property lines or public rights-of-way by intervening
vegetation or landform to the extent practicable and without adversely
affecting the operation of the tower or antenna.
U.
Resort and recreation areas, including golf courses.
(1)
Off-street parking shall be as follows: one space
per every two persons regularly employed, plus one space for every
five customers computed on the basis of maximum servicing capacity.
(2)
Sufficient exterior illumination of the site shall
be required to provide convenience and safety. All such illumination
shall be shielded from the view of all surrounding properties and
streets.
(3)
Sight distance at the entrance and exit must be unobstructed
for a distance of not less than 300 feet in each direction.
(4)
Service areas and parking lots shall be screened with
plantings or fencing from the view of all surrounding properties and
streets.
(5)
Public address or any other amplified sounds are prohibited.
(6)
The property owner shall ensure that adequate fire
protection is on the premises at all times, as recommended by the
Stanford Fire Department.
W.
Public utility structures.
[Added 11-9-1995 by L.L. No. 2-1995]
(1)
The provisions of this subsection shall not apply
to telephone, cable television, electric light and power distribution
lines and cables and related equipment suspended from wooden poles
or to local underground distribution conduits, cables, gas, sewer
and watermains or pipes, usually located along public highways or
within existing rights-of-way.
(2)
Public utility transmission lines carrying more than
35,000 volts, and gas mains shall have their proposed routes reviewed
by the Planning Board and approved by the Town Board prior to acquisition
of rights-of-way.
(3)
In addition to the general standards of § 164-21, the following special conditions shall apply, and the Planning Board shall ensure, in its review of such uses, that the following performance standards are met, or that sufficient mitigation measures are set forth by the project applicant, so that the health, safety and welfare of the community are adequately protected:
(a)
The applicant shall demonstrate that it is a
duly constituted public utility.
(b)
The applicant shall demonstrate that the property
site is necessary to enable the applicant to render safe and adequate
service and that no alternative sites are available which could be
used with less disruption of the Town Master Plan and Zoning Ordinance.
(c)
No dust, dirt, fly ash or smoke shall be emitted
from the use.
(d)
No offensive odors shall be emitted into the
air.
(e)
No noxious, toxic or corrosive fumes or gases
shall be emitted into the air from any lot.
(f)
No offensive wastes shall be discharged or dumped
into any river, stream, watercourse, storm drain, pond, lake or wetland;
no offensive wastes shall be discharged or dumped into any land unless
legally authorized. No accumulation of solid wastes, as that term
is defined in the Environmental Conservation Law, shall be permitted.
(g)
No material which is potentially dangerous due
to the risk of explosion, fire hazard or radioactivity shall be used,
stored, manufactured, processed or assembled.
(h)
With the exception of time signals and noise
necessarily involved in the construction or demolition of buildings
and other structures, no noise which is objectionable due to volume,
intermittence, beat, frequency or shrillness shall be transmitted
outside the lot where it originates.
(i)
With the exception of vibration necessarily
involved in the construction or demolition of buildings, no vibration
shall be transmitted outside the lot where it originates.
(j)
No glare from lighting shall be transmitted towards any highway or driveway or be transmitted into or within any residence district. The applicant shall submit a lighting plan as required in the site plan application, § 164-32A(18).
(k)
The location, type, character and size of the
use and of any buildings, structures or facilities in connection therewith
will be harmonious with the character of the neighborhood, will not
detract from the appearance and beauty of the neighborhood, will not
hinder or discourage the appropriate and orderly development of the
Town and the neighborhood.
(l)
The nature and location of the use and of any
building or structure in connection therewith will be such that there
will be adequate access to it for fire and police protection purposes.
(m)
The streets serving the proposed use shall be
adequate to carry anticipated traffic, and provision shall be made
for entering and leaving the property in such manner that no hazard
to traffic or traffic congestion is created. Adequate off-street parking
and loading facilities shall be provided.
(n)
The lot on which the use is to be established
shall be of sufficient size and dimension to permit the conduct of
the use in a manner which is not detrimental to the neighborhood.
(o)
The building, structures and site layout will be suitably landscaped, including screening from public roadways and neighboring residential properties, will be adequately maintained and will have adequate land area, yard and setbacks so as to maintain the character of the neighborhood. The applicant shall submit a landscaping plan as required in the site plan application, § 164-32A(20).
(p)
Minimum parcel size shall be in accordance with
the bulk regulations for the district.
[Amended 1-9-2003 by L.L. No. 1-2003]
(q)
Public utility substations and similar utility
structures shall be surrounded by a fence set back from the property
lines in conformance with the district bulk regulations.
(r)
Public utility structures shall not contain
offices or have any outdoor equipment, machinery or storage of materials.
(s)
The public utility enclosure structure shall,
wherever practicable, have the interior appearance of a principal
or customary accessory building on residential premises.
(t)
The use will not interfere or limit in any way
the function of any adjacent or nearby agricultural use.
X.
Self-storage facility.
[Added 4-14-2005 by L.L. No. 2-2005]
(1)
A self-storage facility shall be used for the storage
and retrieval of property only.
(2)
Such facility is specifically prohibited to be used
for any purpose that does not conform to those uses and conditions
approved by the Planning Board at the time that site plan approval
and a special use permit is granted (or duly authorized by formal
amendment thereafter), or any use that may be determined to impact
negatively on the facility or the surrounding area.
(3)
Hours of operation of the facility shall be no earlier
than 7:00 a.m. and no later than 11:00 p.m., unless otherwise specifically
authorized by the Planning Board.
(4)
A self-storage facility is specifically prohibited
to be used at any time for:
(a)
Auctions, flea markets or garage sales;
(b)
Hobby shops;
(c)
Service and repair of motor vehicles, boats,
and similar vehicles and equipment;
(d)
Outside storage of unlicensed vehicles;
(e)
Operation of power tools;
(f)
Operation of spray painting equipment;
(g)
Storage of hazardous materials, solid waste,
fuels, explosives, or other potential causes of pollution;
(h)
Any noxious or objectionable use which negatively
impacts the facility or the surrounding area; and
(i)
Any occupancy for residential purposes, including
people or animals.
(5)
Foreclosure auctions may be held by or on behalf of
the owner of the self-storage facility no more than two times per
year.
(6)
Outside storage is only permitted for licensed vehicles,
which shall be stored in the rear yard area of the lot and where specifically
designated on the approved site plan.
(7)
The lot shall have a minimum area of three acres and
maximum building coverage shall not exceed 40%.
(8)
No structure height shall exceed one story or a maximum
of 25 feet.
(9)
Access shall be from a state or county road.
(10)
All parking areas and driving aisles shall be
paved with an all-weather, dust-free pavement material.
(11)
Off-street parking shall be provided at a minimum
of one parking space per 3000 square feet of building floor area,
with the parking space locations clearly identified on the site plan.
(12)
Dense landscaping and/or a suitable berm and/or
fencing that is acceptable to the Planning Board shall be installed
such that the self-storage facility shall not be visible from the
street or from adjacent properties.
(13)
Site and security lighting shall utilize low-intensity,
full cut-off, shielded fixtures with the intensity of light spillover
to not exceed 0.5 footcandle illumination at the property line.
(15)
The Planning Board may impose such other conditions
and/or restrictions as it shall deem necessary to provide for the
orderly development of the site and to provide for the necessary compatibility
with the surrounding area
The Planning Board shall review and act on all
special permit uses in accordance with the procedure specified herein:
A.
Application and fee. All applications made to the
Planning Board shall be in writing, on forms and in accordance with
the schedule prescribed by the Board and, in order to be considered
complete, shall be accompanied by the following:
(1)
A preliminary site plan which demonstrates the overall
site layout and building locations, parking areas, access and egress
locations, setbacks and buffer areas, lighting, landscaping, signage
and the location and extent of existing development on adjacent parcels.
(2)
Preliminary building plans and elevations illustrating
proposed building construction and alteration, including an indication
of exterior materials, textures and colors.
(3)
Payment of the applicable fee in accordance with the
fee schedule established and annually reviewed by the Town Board.
(4)
Either a short or full Environmental Assessment Form
as required by SEQRA, Article 8 of the Environmental Conservation
Law and Title 6, Part 617, NYCRR.
(5)
Any other information deemed necessary by the Planning
Board to explain the nature of the proposed use and its consistency
with the standards established by this chapter for special permit
uses.
B.
Public notice and hearing. The Planning Board shall,
within 45 calendar days of the receipt of the complete application,
conduct a public hearing on any such special permit application. The
Planning Board shall provide a copy of the notice of said hearing
to the applicant and at which hearing he shall appear in person or
by agent. The Board shall additionally provide notice as follows:
(1)
By publishing, at least five calendar days prior to
the date thereof, a legal notice in the official newspaper of the
Town.
(2)
By requiring the Secretary of the Planning Board to
provide notice of the public hearing and data regarding the substance
of the application to the owners of all property abutting that held
by the applicant and all owners within 200 feet of the land involved
in such application. Notice shall be mailed at least 10 calendar days
prior to the hearing, with compliance with the notification procedure
certified to by the Secretary.
(a)
The names and addresses of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
(b)
Provided that there has been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with granting or denying a special permit
application.
(3)
If the land involved in the application lies within
500 feet of the boundary of any other municipality, the Secretary
of the Planning Board shall also mail, at least five calendar days
prior to the public hearing, to the Municipal Clerk of such other
municipality or municipalities a copy of the notice of the substance
of every application, together with a copy of the official notice
of such public hearing.
C.
Consultant review. In its review, the Planning Board
may consult with the Town Building Inspector, the Superintendent of
Highways, the Conservation Advisory Council, other local and county
officials and its designated private planning and engineering consultants,
in addition to representatives of state agencies, including but not
limited to the State Department of Transportation, the State Health
Department and the Department of Environmental Conservation.
D.
Required referral. A full statement of any special
use permit application that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Dutchess County Department of Planning
for its review. No action shall be taken by the Planning Board on
such application until an advisory recommendation has been received
from said County Department of Planning or until 30 calendar days
have elapsed since the Department received such full statement. In
the event that the Dutchess County Department of Planning recommends
disapproval of the proposal or recommends modification thereof, the
Planning Board shall not act contrary to such disapproval or recommendation
except by a vote of a majority plus one of all the members after the
adoption of a resolution fully setting forth the reasons for such
contrary action. Within seven calendar days after such final action,
the Planning Board shall file a report of the final action it has
taken with the County Department of Planning.
E.
Decisions. Every decision of the Planning Board with
respect to a special use permit application shall be made by resolution
within 90 calendar days of the receipt of the completed application
to the Board or within 45 calendar days of the public hearing, whichever
shall first occur, which resolution shall clearly state the decision,
including findings, and any conditions attached thereto. Each such
decision shall be filed in the office of the Town Clerk within five
calendar days thereof.
Reimbursable costs incurred by the Planning
Board for private consultation fees or other extraordinary expense
in connection with the review of a special use permit application
shall be charged to the applicant. Such reimbursable costs shall be
in addition to the required application fee. Maximum amounts for such
reimbursable costs by project type and size shall be in accordance
with the fee schedule established and annually reviewed by the Town
Board.
A.
In addition to compliance with all other applicable
provisions of this chapter and all other local, county and state laws,
rules and regulations, no building permit shall be issued for any
structure regulated by this article until such special use permit
has received Planning Board approval and a copy of a resolution to
that effect has been presented to the Building Inspector.
B.
No certificate of occupancy shall be issued for any
structure or use of land covered by this article until the structure
is completed or the land developed in strict accordance with the Planning
Board resolution of special permit approval and other applicable requirements
of this chapter.
C.
Any use for which a special permit may be granted
shall be deemed a conforming use in the district in which it is located,
provided that such permit shall be deemed to affect only the lot or
portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of
approval that a special use permit be renewed periodically. Such renewal
may be withheld only after public hearing and upon specific determination
by the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
calendar days shall be granted for full compliance by the applicant
prior to revocation of the special use permit.
A special use permit shall be deemed to authorize
only the particular use or uses expressly specified in the permit
and shall expire if the special use permit activity is not commenced
and diligently pursued within six calendar months of the date of issuance
of the special use permit. Upon prior written request to the Planning
Board, the time period for initiation of the special permit use may
be extended for a maximum period of one calendar year from its otherwise
specified termination date.
In all instances, including those cited in § 164-26 above, a special use permit may be revoked by the Planning Board, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said permit.
Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this article, with the site plan review and approval process. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this article or in Article VII, as related to site plan review and approval.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board on a special use permit application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Laws and
Regulations of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Board's decision in the office of the Town Clerk.
