The uses listed in Table 4: District Schedule of Uses[1] shall be subject to such exceptions, additions, or modifications
as provided herein by the following supplementary regulations.
[1]
Editor's Note: Table 4, District Schedule of Uses, is
included as 151 Attachment 2 of this chapter.
A.
(Reserved)
B.
Animal grooming.
(1)
Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. "Hours
of operation" shall include those hours when animals are brought to
and from the establishment.
(2)
Any building housing animals shall be located at least 200 feet from
any residential district boundary or land in residential use, including
residential use in a mixed-use building. If soundproof construction
is used, normal district setbacks and bulk regulations shall apply.
(3)
Animal noises and odors shall not be detectable at the property boundary.
(4)
No outdoor dog runs or animal kennels shall be permitted.
(5)
No overnight boarding of animals shall be permitted.
(6)
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Village of Wappingers Falls
and the Dutchess County Department of Behavioral and Community Health.
C.
Animal hospital or veterinarian.
E.
Assisted living facility.
(1)
Purpose. The Village Board recognizes that there is a community need
to provide housing facilities for older citizens who do not need skilled
nursing care but do require support and assistance with their daily
living in a monitored, home-like setting. It is the intent of this
section to permit development of assisted living facilities for senior
citizens, to ensure that such developments provide the basic services
and facilities to accommodate residents' needs and to minimize
detrimental effects on neighboring properties.
(2)
Assisted living residence units shall comply with the following:
(a)
Except for the necessary staff and their families, the occupancy
of an assisted living residence unit shall be limited to two individuals,
at least one of whom must be 60 years of age or older.
(b)
No dwelling units shall be allowed in a basement.
(c)
All assisted living units shall have access through interior
corridor only.
(d)
Assisted living units shall not contain cooking facilities.
(e)
Units shall not be used as apartments for transient tenants.
(f)
Units shall not contain more than two bedrooms, a separate living
area and bathroom and shall not be connected by interior doors in
groups of more than two. At least 60% of the units must be either
studio or one-bedroom units.
(3)
Common areas/ancillary services shall be permitted and shall comply
with the following:
(a)
The assisted living residence shall provide, in the same building
or in a separate structure, a main kitchen and dining area.
(b)
The assisted living residence may provide, in the same building
or in separate structures, the following: a small staff kitchen/dining
area; small pantry areas with a sink, microwave oven and refrigerator
in the common areas for use by residents and guests; recreation rooms;
lounges; rehabilitation facilities; exercise rooms; laundry rooms;
medical infirmary; beauty salon; housekeeping services and transportation
services, but only to the extent that these uses meet the needs of
the residents of the facility. Such uses shall not be available or
open to the general public. This list is meant to be illustrative
and not exclusive.
(c)
Not more than one dwelling unit is permitted to be occupied
by a project superintendent or site manager and his/her family.
(d)
Accessory structures and uses. Facilities necessary to meet
the proper maintenance, security, storage and utility needs of the
development are permitted.
(4)
Development standards. Assisted living residences shall be subject
to the following standards as well as other applicable standards of
this chapter:
(a)
Minimum lot area: five acres.
(c)
The minimum distance from the building to any interior driveway/parking
area shall be 25 feet from an assisted living unit bedroom.
(d)
A minimum of 30% of the site shall be greenspace, which may
include recreational areas such as walking paths, gazebos, and outdoor
seating areas.
(e)
Any outdoor sitting areas or walking paths shall be well-defined
by walls, fences, hedges or planting designed to impart a sense of
containment or security and to provide group privacy.
F.
Bar or tavern. No bar or tavern shall be located within 200 feet
of any residential district boundary or adjacent to any lot that contains
a single-family dwelling, two-family dwelling, three-family dwelling,
or townhouse.
G.
Cannabis retail dispensary.
(1)
Purpose. The purpose of this section is to provide regulations permitting
the establishment of licensed, authorized cannabis retail dispensaries
within the Village.
(2)
Required approvals.
(a)
No person or entity shall sell or distribute cannabis products,
or hold itself out as an organization licensed by New York State for
such sale or distribution, unless it has complied with Articles 3
and/or 4 (as applicable) of the New York Cannabis Law and this Zoning
Law, and is licensed by the New York State Office of Cannabis Management.
(b)
A licensed cannabis retail dispensary shall be allowed only
after the granting of a special use permit and site plan approval
by the Planning Board, subject to the requirements set forth in this
section.
(c)
A special use permit authorizing only a licensed medical cannabis
dispensary or an adult-use retail dispensary shall not be deemed to
include the other use.
(3)
Licenses and permits. A special use permit issued pursuant to this
section shall be conditioned on the permittee obtaining and maintaining
all required state and local licenses and/or permits and complying
with all applicable state and local public health regulations and
all other applicable laws, rules and regulations at all times. No
building permit or certificate of occupancy shall be issued for a
cannabis retail dispensary that is not properly licensed.
(4)
Limitation of approval.
(a)
A special use permit authorizing the establishment of a cannabis
retail dispensary shall be valid only for the site on which the cannabis
retail dispensary has been authorized by such special use permit.
Relocation of a dispensary to a different site shall require a new
special use permit. A separate special use permit shall be required
for each premises from which a licensed cannabis retail dispensary
is operated.
(b)
Upon the revocation or expiration without renewal of the NYS
license or registration for a cannabis retail dispensary, the special
use permit shall terminate, and a new special use permit shall be
required prior to issuance of a certificate of occupancy.
(5)
Application requirements. In addition to any other application requirements
for uses that require a special use permit and site plan approval,
an application for a cannabis retail dispensary shall contain, at
a minimum, the following information:
(a)
Description of activities. A narrative detailing the type and
scale of all activities that will take place on the site.
(b)
Context map. A map identifying, at a minimum, the location of the proposed establishment, the locations of all other cannabis retail dispensaries within the Village, and the location of any nearby school, place of religious worship, park, playground, playing field, or place of business which caters to minors, with measured distances provided sufficient to demonstrate that the location of the proposed establishment complies with the standards of Subsection G(7) below.
(c)
Building elevations and signage. Architectural drawings of all
exterior building facades and all proposed signage, specifying materials
and colors to be used. The Planning Board may require perspective
drawings and illustrations of the site from public ways and abutting
properties.
(6)
Location standards. A cannabis retail dispensary shall be allowed
only in the Commercial Mixed Use (CMU) District, subject to any limitations
set forth in the regulations of that district.
(7)
Buffer zones.
(a)
As further defined by § 119.4 of the NYS Cannabis
Law,[1] and unless otherwise modified by the NYS Cannabis Control
Board, no cannabis retail dispensary shall be located:
[1]
On the same road and within 200 feet of the entrance of a building
occupied exclusively as a place of religious worship;
[2]
On the same road and within 500 feet of the entrance of a building
occupied exclusively as a school; or
[3]
On the same road and within 500 feet of a structure and its
grounds occupied exclusively as a public youth facility.
[1]
Editor's Note: See 9 NYCRR 119.4.
(b)
The measurements in this subsection shall be taken in a straight
line from the center of the nearest entrance of the premises proposed
to operate as a retail dispensary to:
[1]
The center of the nearest entrance of the place of religious
worship; and
[2]
The center of the nearest entrance of the nearest building on
the school grounds; and
[3]
The center of the nearest entrance of the nearest building of
a public youth facility; or if no entrance exists, the nearest structure
of such public youth facility; or if no structure exists, the nearest
point of the grounds of the public youth facility's legally defined
property boundary as registered in the Dutchess County clerk's
office; or if no clear delineation of grounds exists, the nearest
point of equipment, the primary purpose of which is reasonably expected
to be used by children 17 years of age or younger.
(c)
For purposes of this subsection, the "entrance" shall mean a
main door regularly used to give ingress to the general public. Such
definition shall not include cellar doors, back and side doors, delivery
entrances, emergency exits, or a door which has no exterior hardware,
or which is used solely as an emergency or fire exit or for maintenance
purposes, or which leads directly to a part of a structure not regularly
used by the general public or patrons.
(d)
For a retail dispensary that is proposed to be located in a
multi-story building, the entrance shall mean the main building entrance,
as defined in the preceding subsection, at the road level.
(e)
If the place of religious worship, nearest building on the school
grounds, public youth facility, or the proposed retail dispensary
is situated on a corner lot, such structure is considered to be on
both roads of the intersection, whether or not there is an entrance
to the structure on both roads.
(8)
Specific standards.
(a)
A cannabis retail dispensary shall comply with all aspects of
New York State Cannabis Law.
(b)
Unless otherwise permitted by New York State regulations, a
cannabis retail dispensary shall be located only in a secure, permanent
building and not within any mobile facility, and all dispensing of
cannabis products shall be conducted within the building.
(c)
The building and site shall be designed to mitigate any negative
aesthetic impacts that might result from required security measures
and restrictions on visibility into the building's interior.
(d)
The cannabis retail dispensary shall not have opaque, unwelcoming
ground-floor facades that may detract from other retail activity in
the district. Where interior activities must be screened from public
view, opaque facades should be minimized, and where they are necessary
they should include changing art displays or other measures to provide
visual interest to the public.
(e)
Signs shall be affixed to a building or permanent structure, and may not be located on vehicles owned, leased or utilized by registered organizations. Signs shall not depict cannabis, cannabis products or paraphernalia, or the imagery or action of smoking or vaping. In all other respects, signage shall conform to Article VII of this chapter and the requirements of state laws and regulations governing such facilities.
(g)
The hours of operation of a cannabis retail dispensary shall
be limited to Monday through Saturday from 9:00 a.m. to 9:00 p.m.,
and Sunday from 11:00 a.m. to 6:00 p.m., or as otherwise established
by the Planning Board as a condition of the special use permit, but
in no case shall the Planning Board permit a cannabis retail dispensary
to operate between 2:00 a.m. and 8:00 a.m., nor shall the Planning
Board restrict the operation of a cannabis retail dispensary to fewer
than 70 hours a week, unless the operator agrees to do so.
(h)
No smoking, burning, vaping, or consumption of any cannabis
product shall be permitted on the dispensary premises.
(i)
Cannabis retail dispensaries shall not have drive-through service.
(j)
No outside displays or storage of cannabis products, related
supplies or promotional materials shall be permitted.
H.
Child day-care center.
(1)
A child day-care center shall be allowed in all zoning districts subject to special permit and site plan review in accordance with Articles X and XI herein, and the following:
(a)
In the R and VR Districts, a minimum lot size of 0.5 acre is
required, and the parcel must have frontage on a state road.
(2)
A child day-care center must have an active outdoor play area of
100 square feet per child.
(3)
Outdoor play areas must be located in the side or rear yard and shall
be appropriately fenced in or otherwise protected from roads or nearby
properties.
(4)
No outdoor play equipment may be placed within 10 feet of any property
line, fence or structure.
(5)
The Planning Board may require that a child day-care center provide
a pickup/dropoff area. When a day-care center is part of a multi-tenant
retail center, the pickup/dropoff area shall not interfere with vehicle
circulation in the parking lot, including, but not limited to, the
drive aisles.
(6)
Off-street parking shall be provided as set forth in § 151-44. Child day-care centers must provide parking for persons with disabilities as required by New York State building codes.
(7)
Child day-care centers shall be operated and maintained in accordance
with applicable laws, rules and regulations, including § 390
of the Social Services Law of the State of New York.
(8)
The owner and/or provider of a child day-care center shall provide
a copy of the license or registration certificate from the New York
Office of Children and Family Services, along with a copy of the liability
insurance certificate to the Village of Wappingers Falls Planning
Board as a condition of approval.
J.
Community residential facility.
(1)
The location, design, and operation of a community residential facility
must not alter the residential character of the structure. No structural
or decorative alteration that alters the residential character of
an existing residential structure used for a community residential
facility is permitted. Any new or remodeled structure must be designed
to be compatible with the residential character of the surrounding
neighborhood.
(2)
The facility must comply with all building, fire safety, and health
code requirements, and shall meet all Village, state, and federal
regulations.
(3)
The dimensional and design standards applicable to a building occupied
by or constructed for a community residential facility shall be the
same as those dimensional and design standards applicable to the type
of structure being constructed or occupied (e.g., single-family dwelling,
two-family dwelling, three-family dwelling, townhouse, or multi-family
dwelling).
K.
Convenience store.
(1)
In the VMU District, a convenience store shall have a maximum gross
floor area of 2,000 square feet, and shall not be permitted to sell
gasoline.
(2)
No outdoor display of merchandise shall be permitted.
(3)
All vending and ice machines shall be located within the building.
(4)
Rooftop heating, ventilation, air conditioning or refrigeration units
shall be directed away from adjacent residential properties.
L.
Laundromat.
(1)
In the VC District, a laundromat shall only be permitted on a parcel
that does not have frontage on a state road.
(2)
Any laundromat shall demonstrate to the satisfaction the Village
of Wappingers Falls Water Board that adequate water supply is available
to serve the use.
(3)
Laundromats shall be self-service, but may include laundry dropoff
service.
M.
Live-work dwelling.
(1)
In the VR District, a live-work dwelling shall be allowed only on
a property that has frontage on Route 9D.
(2)
The nonresidential use shall be conducted in a manner which does not give the outward appearance of a business [with the exception of a sign as allowed in Subsection M(3) herein], does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property and the neighborhood. Any new construction undertaken to accommodate the live-work activity shall be wholly consistent with the character of a residential premises.
(3)
No sign shall be permitted for a live-work dwelling other than a sign permitted for a dwelling unit as set forth in § 151-54A(5).
(4)
Portions of the building used for residential and nonresidential
uses shall have a connection between them located inside the building,
and the nonresidential use may also be accessed from an exterior door.
(5)
The nonresidential portion of the live-work dwelling shall not exceed
750 square feet of gross floor area.
(6)
The live-work dwelling shall have no temporary or longer-term outdoor
storage of materials or equipment used in connection with the nonresidential
use.
(7)
If any portion of the nonresidential component of the live-work dwelling
is open to the public, that portion shall be limited to the ground
floor.
(9)
The nonresidential portion of the live-work dwelling shall only be
used for one of the uses listed below, which shall be conducted by
a resident of the building:
(10)
The above notwithstanding, because of parking requirements and
the potential for noise, odors, traffic congestion and other issues
of land use compatibility, the following uses are specifically prohibited
from consideration as nonresidential use in a live-work dwelling under
this chapter:
(a)
Ambulance service.
(b)
Taxi, limousine or similar service with more than one such vehicle
used in the service.
(c)
Vehicle and equipment uses, as defined in this chapter.
(d)
Boat sales, rental and/or service.
(e)
Commercial servicing of construction equipment, including, but
not limited to, backhoes, bulldozers and trucks.
(f)
Beauty salons and barbershops with more than two chairs.
(g)
Places of worship.
(h)
Restaurants, bars or taverns, and nightclubs.
(i)
Dancing, art, martial arts, and similar group instruction activity
when serving more than five students per class.
(j)
Musical instrument instruction for more than two students at
one time.
(k)
Child day-care centers.
(l)
Personal service establishments, licensed by the New York State
Education Department, serving more than one customer at a time.
(m)
Construction companies, building contractors, home builders,
or general contractors, with more than one Class 2 commercial vehicle
used in the business.
(n)
Landscape contractors with more than one Class 2 commercial
vehicle used in the business.
(o)
Animal services, as defined in this chapter.
N.
Lodging.
(1)
A lodging facility may be located within one or more buildings on
the property.
(2)
A guestroom in a hotel may contain a kitchenette for extended stays.
(3)
All uses integral to the lodging facility shall be clearly accessory
to the facility, unless separately allowed as a principal use within
the zoning district in which the lodging facility is proposed. Permitted
accessory uses to a lodging facility include:
(4)
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Village of Wappingers Falls,
the Dutchess County Department of Behavioral and Community Health,
and the New York State Department of Health or Environmental Conservation.
O.
Marina.
(1)
Any marina shall be located in an area where the physical attributes
required by marinas already exist.
(2)
All marinas shall include, as appropriate, sufficient parking, parklike
surroundings, rest rooms, adequate water supply, adequate sanitary
sewage, and trash disposal and recycling facilities.
(3)
All applicable compliance review, permit and/or approval requirements
administered by the Village of Wappingers Falls through its Local
Waterfront Revitalization Program, Dutchess County Department of Behavioral
and Community Health, the New York State Department of Environmental
Conservation or Department of State Coastal Management Program, the
United States Army Corps of Engineers, or the Federal Emergency Management
Agency shall be strictly met.
(4)
Runoff from parking lots, maintenance, fueling, and wash-down areas
shall be treated in a manner that prevents oils, grease and detergents
from reaching adjacent waters and wetlands. Accepted treatment methods
include oil and grease filtering catch basins, retention areas and
exfiltration systems.
(5)
Fuel dispensing shall be prohibited.
(6)
Any special permit issued for a marina on Wappinger Lake shall comply fully with the standards set forth in Chapter 146, Wappingers Falls Lake, of the Village Code, and shall include as a condition of approval the additional requirement that a permit must be obtained from the Village Board for the proposed marina prior to either use of the property or the issuance of a certificate of occupancy or of compliance.
P.
Nightclub. A nightclub shall only be permitted on a parcel with frontage
on Route 9 that does not abut a property in a residential district
or that contains a single-family dwelling, two-family dwelling, three-family
dwelling, or townhouse.
Q.
Parking structure.
(1)
A parking structure shall meet all of the required setbacks and other
dimensional standards for a principal building for the zoning district
in which it is located.
(2)
A parking structure in all districts, with the exception of the B District, shall include a building liner on the ground floor along all frontages adjacent to a public street. The building liner shall include a conditioned space at least 15 feet deep, measured from the exterior wall facing the street, to accommodate nonresidential uses along the entire street frontage, except as is necessary to provide space for vehicular entrance and egress to the structure from the street. The conditioned space may be used for any nonresidential use allowed in the zoning district in which the parking structure is located except for parking. The ground floor that faces a public street shall meet the primary facade transparency requirements of § 151-37 for the zoning district in which the parking structure is located.
(3)
For parking structures with roof-top open-air parking, a five-foot
parapet wall is required to screen views of parked vehicles. The parapet
wall shall be an integral part of the building's architectural
design and shall be included in the maximum permitted height of the
parking structure.
(4)
Where parking structures front on public streets, facade design and
screening elements such as decorative grillwork, louvers, or translucent
materials shall be used to mask the interior circulation ramps and
views of parked cars below the hoodline, and to create the illusion
of horizontality along the street. Opaque or semi-opaque facade materials
shall extend at least three feet in height above the vehicle parking
surface.
(5)
Parking structures shall be designed to minimize blank facades through
architectural detailing and landscape.
(6)
Any vehicle exit barrier, including, but not limited to, a gate or
payment booth, shall be located at least 20 feet inside the exterior
wall of the parking structure.
(7)
The Planning Board may require the installation of pedestrian safety
devices such as convex mirrors or other warning devices if it determines
that there would be a significant risk to public health or safety
without the installation of those devices.
R.
Post office.
(1)
A post office in the VC District shall not exceed 1,000 square feet
of gross floor area.
S.
Schools, studio or vocational.
(1)
Driver-education schools with training in commercial truck driving
shall not be permitted in the VC, VMU and B Districts.
T.
Self-storage facility.
(1)
All storage shall be kept within an enclosed building.
(2)
Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, paint, paint remover and other
flammable materials, the repair, construction or reconstruction of
any boat, engine, motor vehicle or furniture, and the storage of any
propane or gasoline engine or propane or gasoline storage tank or
any boat or vehicle incorporating such components, is prohibited within
any structure on the parcel of land designated as a self-service storage
facility.
(3)
The storage of feed, fertilizer, grain, soil conditioners, pesticides,
chemicals, explosives and other caustic, hazardous or toxic materials,
asphalt, brick, cement, gravel, rock, sand and similar construction
materials, inoperable vehicles, or bulk storage of fuels is prohibited
within any structure on the parcel of land designated as a self-service
storage facility.
(4)
It is unlawful for any owner, operator or lessee of any facility
or portion thereof to offer for sale or to sell any item of personal
property or to conduct any type of commercial activity of any kind
whatsoever other than leasing of the storage units, or to permit the
same to occur upon any area designated as a self-service storage facility.
An exception shall be made for the sale of abandoned property accordance
with New York Lien Law § 182 or other applicable law or
regulation.
(5)
No public address system shall be allowed.
(6)
In addition to the provision of parking in driving lanes adjacent to the storage building(s), off-street parking spaces shall be provided as set forth in § 151-44. Required parking spaces and driving lanes shall not be rented or used as vehicular storage.
(7)
Doorways or garage doors shall not face a public right-of-way, recreation
park, or other public space.
U.
Vehicle and equipment uses.
(1)
The following shall apply to all vehicle and equipment uses:
(a)
With the exception of signs, all structures associated with
vehicle and equipment uses shall be set back a minimum of 25 feet
from all property lines. The preceding setbacks shall supersede the
setbacks specified in the District Schedule of Area and Bulk Regulations.
(b)
All major vehicle repair and service work shall be performed
entirely within a fully enclosed building. The foregoing is not intended
to be construed as meaning that the doors on any repair shop must
be kept closed at all times.
(c)
Any vehicle awaiting repair or stored on site shall be provided
with an adequately sized drip pan to prevent fluids from draining
onto the site.
(d)
All equipment, merchandise, supplies, automobile parts, dismantled
vehicles, unregistered or inoperable vehicles, and similar articles
shall be stored within a fully enclosed structure.
(e)
Each vehicle offered for sale shall be permitted to display
signs from inside the vehicle only. Such vehicles shall use no other
writing, advertising or devices on or near the vehicle to attract
attention.
(f)
No more than one abandoned, discarded or junk vehicle, all as defined in Chapter 141, Abandoned Vehicles, of the Village Code, shall be located on the premises for more than 60 days, unless vehicle towing service is a permitted accessory use in the district, in which case the standards of § 151-68O shall apply.
(g)
The site layout shall eliminate the necessity of any vehicle
backing into a public right-of-way.
(h)
Automobile vacuum cleaners shall only be permitted accessory
to a vehicle wash.
(2)
In addition to the standards of Subsection U(1) above, the following standards shall apply to specific vehicle and equipment uses:
(a)
Vehicle service facility and gasoline stations.
[1]
No such establishment shall be located within 200 feet of any
school, place of worship, public library, theater, hospital, park,
playground, or other public gathering place designed for occupancy
by more than 50 people.
[2]
No more than one vehicular entrance to and one vehicular exit
from the site from a public street shall be permitted. If the site
entrance and exit are combined in one curb cut, said curb cut shall
have a maximum width of 25 feet, unless determined otherwise by the
Planning Board based on a recommendation from the Village Engineer,
and the maximum width of curb cuts for one-way traffic shall similarly
be determined by the Board. No curb cut shall be located closer than
15 feet to any side lot line. For establishments located on a corner
lot, only one curb cut per street frontage is permitted, unless site
characteristics require an alternative, as deemed appropriate by the
Planning Board.
[3]
Gasoline or flammable oils in bulk shall be stored fully underground,
in accordance with New York State DEC Part 614 Regulations,[2] and may not be located closer than 25 feet to any lot
or public right-of-way.
[2]
Editor's Note: New York State regulation 6 NYCRR Part 614
was repealed 9-11-2015, effective 10-11-2015.
[4]
No abandoned, discarded or junk vehicles, all as defined in Chapter 141, Abandoned Vehicles, of the Village Code, may be stored or parked outdoors on the premises. Only vehicles that have been or are waiting to be serviced may be stored or parked outdoors.
[5]
No vehicle may be stored or parked outdoors for longer than
15 calendar days once repair is complete or while waiting to be repaired,
except in instances where necessary repair parts have been ordered
and delivery is awaited. All such vehicles shall be suitably screened
with walls, fencing or plantings, or a combinations of these, to obscure
them from view from neighboring properties and from any public right-of-way,
recreation park, or other public space.
[7]
In addition to other landscaping requirements established by
this chapter, suitable year-round buffering and landscaping shall
be provided in all rear and side yards through a mix of deciduous
and evergreen planting.
[8]
The Planning Board shall determine whether fuel pumps should
be located to the rear of the building.
[9]
No fuel pump or associated canopy structure shall be located
within 25 feet of any lot line.
[10]
No exterior audible and/or visual electronic devices
such as loudspeakers, video and television screens, animated signs,
and similar instruments shall be permitted.
[11]
Fuel pump canopies shall have sloped, mansard,
or hip roofs.
(b)
Vehicle wash.
[1]
All structures shall be located a minimum of 200 feet from a
zoning district boundary.
[2]
Vehicle stacking/drying spaces, off-street parking and loading shall be provided in accordance with the requirements of § 151-44.
[3]
Evidence of an adequate long-term source of public or private
water shall be submitted to show that water usage will not affect
surrounding properties.
[4]
Automobile vacuum cleaners shall not be permitted in a front
yard.
V.
Wireless telecommunications.
(1)
Purpose. The Village recognizes the increased need and demand for
wireless communications transmitting facilities. Often these facilities
require the construction of a communications tower. The intent of
these provisions is to protect the Village's interest in siting
telecommunications facilities in a manner consistent with sound land
use planning by:
(a)
Minimizing visual effects of facilities through careful design,
siting, landscaping and screening.
(b)
Avoiding potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
(c)
Maximizing use of existing towers, buildings, and structures.
(d)
Allowing wireless service providers to meet their technological
and service objectives for the benefit of the public.
(2)
Required approvals.
(a)
Lease approval. On Village-owned property in any zoning district,
a telecommunications facility is permitted upon execution of a lease
with the Village and upon the issuance of a building permit. For any
property owned by the Village, all leases must be approved by a majority
vote of the Village Board and must address relevant issues of safety,
height, aesthetics, setbacks, future expansions of the facility, and
co-location. A telecommunications facility on Village-owned property
does not require review or approval from the Planning Board.
(3)
Development standards.
(a)
Setbacks.
[1]
To safeguard the general public and adjacent properties, the
minimum setback of all telecommunications towers and antennas from
adjacent property lines shall be the height of the tower and antennas
plus 10 feet.
[2]
The required setback may be decreased in those instances when
the applicant has submitted plans for a tower designed to minimize
damage to adjacent property in the event of a structural failure.
Supporting facilities and guy anchors must comply with the minimum
setback requirements of the zoning district.
(b)
Safety.
[1]
A road turnaround and two parking spaces must be provided to
ensure adequate emergency and service access.
[2]
All towers and guy anchors, if applicable, must be enclosed
by a fence not less than six feet in height or otherwise sufficiently
secured to protect them from trespassing or vandalism. Electrified
fence, barbed or razor wire shall be prohibited.
[3]
The applicant must comply with all applicable state and federal
regulations, including, but not limited to, Federal Aviation Administration
(FAA) and Federal Communications Commission (FCC) regulations.
(c)
Height.
[1]
Towers. The height regulations otherwise applicable in the underlying
district do not apply to wireless telecommunications towers, provided
that the applicant submits sufficient information to justify the proposed
height as the minimum necessary to achieve its coverage objectives.
[2]
Building- and structure-mounted antennas. Telecommunications
antennas mounted on buildings or structures shall be restricted to
a maximum height of 60 feet above the average finished grade of the
building or structure, or the building or structure height, whichever
is less, unless the applicant submits sufficient information to justify
a greater height as the minimum necessary to achieve its coverage
objectives.
(d)
Design and siting.
[1]
The Planning Board may require that the tower be designed and
sited so as to avoid, if possible, application of FAA lighting and
painting requirements, it being generally understood that a tower
should not be artificially lighted, except as required by the FAA.
[2]
Telecommunications towers, antennas, and supporting facilities
must be situated in a manner that minimizes their proximity and visibility
to residential structures.
[3]
Every effort shall be made to conceal telecommunications towers,
antennas, and supporting facilities within or behind architectural
features to limit their visibility from public ways and residential
uses while still allowing them to perform their designated function.
[4]
Telecommunications antennas mounted on a roof shall be stepped
back from the front facade in order to limit their impact on the building's
silhouette.
[5]
Telecommunications antennas mounted on a building must blend
in with the existing building's architecture and, if over five
square feet, must be painted or shielded with material that is consistent
with the design and materials of the building.
[6]
Antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to or closely compatible with
the colors of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
[7]
A tower must be either blue/gray in color, have a galvanized
finish or be colored appropriately to the extent that the tower is
as unobtrusive as possible, unless otherwise required by the FAA.
Accessory facilities should maximize use of building materials, colors,
and textures designed to blend with the natural surroundings.
[8]
No tower may contain any signs except signs displaying contact
information and safety instructions. Such signs must not exceed five
square feet in surface area.
[9]
Landscape and screening. The Planning Board may require reasonable
landscaping consisting of trees or shrubs to screen the base of the
tower and accessory structures to the extent possible from adjacent
residential property. Existing trees and vegetation shall be preserved
to the maximum extent practicable.
(4)
Preference for Village-owned sites. All telecommunications towers,
antennas, and supporting facilities erected, constructed or located
within the Village must comply with the following requirements. A
proposal for the facility will not be approved unless the Planning
Board finds that the antenna planned for the proposed facility cannot
be accommodated on an existing structure located on Village-owned
property within a one-mile radius of the proposed facility due to
one or more of the following:
(a)
The antenna would exceed the structural capacity of the existing
structure, as documented by a qualified professional engineer, and
the Village has refused to reinforce, modify, or replace the structure
to accommodate the planned or equivalent antenna.
(b)
The antenna would cause interference materially impacting the
usability of other existing antennas at the structure as documented
by a qualified professional engineer and the interference cannot be
prevented at a reasonable cost.
(c)
Existing structures within the search radius cannot accommodate
the antenna at a height necessary to function reasonably as documented
by a qualified professional engineer.
(d)
Other reasons that make it infeasible to locate the antenna
upon an existing structure.
(5)
Co-location requirements. A proposal for a new telecommunications
tower will not be approved unless the Planning Board finds that the
antenna planned for the proposed tower cannot be accommodated on an
existing tower or structure within a one-mile radius of the proposed
tower due to one or more of the following:
(a)
The antenna would exceed the structural capacity of the existing
tower or structure, as documented by a qualified professional engineer,
and the existing tower or structure cannot be reinforced, modified,
or replaced to accommodate the planned or equivalent antenna at a
reasonable cost.
(b)
The antenna would cause interference materially impacting the
usability of other existing antenna at the tower or structure as documented
by a qualified professional engineer and the interference cannot be
prevented at a reasonable cost.
(c)
Existing towers or structures within the search radius cannot
accommodate the antenna at a height necessary to function reasonably
as documented by a qualified professional engineer.
(d)
Other reasons that make it infeasible to locate the antenna
upon an existing tower or structure.
(e)
Any proposed tower shall be designed, structurally and electrically
and in all respects, to accommodate both the applicant's antennas
and comparable antennas for at least two additional users if the tower
is 100 feet in height or more, or for at least one additional user
if the tower is 60 feet in height up to 100 feet in height. Towers
must be designed to allow for future rearrangement of antennas upon
the tower and to accept antennas mounted at varying heights.
(6)
Exemptions. The following are not subject to these provisions:
(7)
Existing facilities. Telecommunications towers, antennas, and supporting
facilities in existence that do not conform to or comply with these
regulations are subject to the following provisions:
(a)
Telecommunications towers, antennas, and supporting facilities
may continue in use for the purpose now used and as now existing but
may not be replaced or structurally altered without complying in all
respects with these regulations.
(b)
If telecommunications towers, antennas, and supporting facilities
are damaged or destroyed due to any reason or cause whatsoever, the
facility may be replaced or restored to its former use, location,
and physical dimensions without complying with these regulations,
provided, however, that if the cost of repair would be 10% or more
of the cost of a new facility of like kind and quality, then the facility
may not be repaired or restored except in full compliance with these
regulations.
A.
General standards applicable to all accessory uses.
(1)
All accessory uses and structures must be clearly subordinate to
the principal structure(s) and principal use(s) on the property.
(3)
An accessory use may not begin operation before a permitted principal
use begins operation on the property.
(4)
An accessory structure may not be constructed before a permitted
principal structure is constructed on the property.
B.
Accessory dwelling units. Accessory dwelling units shall be allowed
by special permit as an accessory use in the R and VR Districts, provided
that the following standards are met:
(1)
An accessory dwelling shall be allowed as an accessory use to a detached
single-family dwelling only.
(2)
An accessory dwelling may be located within the principal building
or within an accessory building.
(3)
No more than one accessory dwelling shall be allowed per parcel.
(4)
The parcel on which the accessory dwelling is located shall have
a minimum lot area of 5,000 square feet and a minimum lot width of
50 feet.
(5)
An accessory dwelling shall be clearly incidental and subordinate
to the principal dwelling and shall not change the single-family residential
character of the property or the neighborhood.
(6)
Any additional exterior entrances which may be created for an accessory
dwelling located within a principal building shall be located at the
side or rear of the building.
(7)
The property owner must occupy either the principal or accessory
dwelling on the premises, and the special permit for the accessory
dwelling shall be in effect only so long as either the principal dwelling
or the accessory dwelling is occupied by the owner of record as their
primary residence. If the owner of the single-family dwelling resides
in a location other than the premises for a period of more than 180
days in a one-year period, the special use permit shall become null
and void, and the premises shall revert to its original permitted
use which existed immediately prior to the issuance of the permit.
(8)
The gross floor area of the accessory dwelling shall not exceed 35%
of the gross floor area of the principal building, or 650 square feet,
whichever is the more restrictive.
(9)
The accessory dwelling shall have a maximum of one bedroom.
(10)
Adequate off-street parking for both the accessory dwelling and the principal dwelling shall be provided as set forth in § 151-44.
(11)
The accessory dwelling shall have safe and proper means of egress,
clearly marked for the purpose of emergency services.
(12)
Stairways leading to any floor or story above the ground floor
for an accessory dwelling located in a principal building shall be
located within the walls of the building wherever practicable. Exterior
stairways shall be located on the rear wall in preference to either
side wall. In no instance shall an exterior stairway be located on
any wall fronting a street.
(13)
If the water supply and/or sanitary sewage disposal is from
a private source, approval shall be granted by the Dutchess County
Department of Behavioral and Community Health for any required on-site
sanitary or water supply system, or, as may be applicable, certification
through either the Health Department or a licensed professional engineer
retained by the applicant that the existing on-site water supply and
sewage disposal facilities are sufficient to accommodate the additional
demands of the accessory apartment on the residential premises where
such conversion or new construction is proposed.
(14)
An accessory dwelling shall not be permitted on the same lot
as a short-term rental or a Class 2 home occupation.
(15)
The provisions of the New York State Uniform Fire Prevention
and Building Code shall apply to the accessory dwelling.
C.
Boarders or lodgers. Boarders or lodgers shall be permitted as an
accessory use to a single-family or two-family dwelling in any zoning
district, provided that the following standards are met:
(1)
The boarder or lodger shall reside within the same dwelling unit
as the resident-owner. Boarders or lodgers in premises owned by parties
not actually residing therein is prohibited. Further, non-owners,
tenants, lessees or renters of premises shall not maintain boarders
or lodgers.
(2)
The number of boarders or lodgers permitted in the dwelling unit
of the resident-owner is limited to two.
(3)
In addition to parking required for the residence, at least one additional
off-street parking space shall be provided for each room offered for
rent.
(4)
No room shall be rented for less than 30 consecutive days.
D.
Craft beverage pub.
(1)
No craft beverage pub shall be located within 200 feet of any residential
district boundary or adjacent to any lot that contains a single-family
dwelling, two-family dwelling, three-family dwelling, or townhouse.
E.
Drive-through facility.
(1)
A drive-through facility shall only be allowed in the CMU District.
However, it shall not be allowed on any property in the CMU District
that abuts the R District.
(2)
No part of a drive-through lane may be located within 100 feet of
a residential property.
(3)
Stacking for a minimum of four vehicles per lane or bay shall be
provided, and the applicant shall demonstrate to the satisfaction
of the Planning Board that the proposed stacking lanes will be adequate
to accommodate anticipated customer use without vehicles backing up
onto public highways.
(4)
Drive-through stacking lanes shall have a minimum width of 10 feet,
as measured from the outermost point of any service window or bay
entrance to the edge of the driveway, and a minimum length of 20 feet
per vehicle. In the case of a recessed service window, the measurement
shall be taken from the building wall.
(5)
All drive-through lanes shall be located and designed to ensure that
they do not adversely affect traffic circulation on adjoining streets.
Drive-through lanes on corner lots shall not route exiting traffic
into adjacent residential neighborhoods.
(6)
Drive-through canopies shall be permitted provided they do not contain
any signage other than height-warning signs needed for safety. They
shall be painted to be coordinated with the building, and shall be
a maximum of 10.5 feet tall.
(7)
The main entrance to the principal commercial use to which the drive-through
is accessory must face the street. On a corner lot, the Planning Board
shall determine which street the shopfront shall face.
(8)
All parking shall be located to the rear or side of the principal
building.
(9)
No drive-through window shall be permitted in a front yard. Drive-through
windows shall only be located on the side or rear of the building.
(11)
Audible electronic devices such as loudspeakers, automobile
service order devices, and similar instruments shall not be audible
beyond the lot line of the property or, if the site is a leased portion
of a property, from the leased area.
(12)
No exterior electronic devices such as video and television screens, animated signs, and similar instruments shall be permitted. Electronic message signs shall be permitted for order station signs subject to the provisions of § 151-52B(5).
(13)
An illustrative example of the appropriate configuration of
building with a drive-through is shown on Figure VIII-1.
 |
F.
Electric vehicle charging station.
(1)
Applicability.
(a)
Electric vehicle charging station(s) [EVCS(s)] with a Level
1 or Level 2 charging level shall be permitted in all zoning districts
as an accessory use to a single-family dwelling, two-family dwelling,
three-family dwelling, multi-family dwelling, or townhouse to serve
the occupants of the dwelling(s).
(2)
Design criteria. The following criteria shall be applied to the location
and design of all EVCSs associated with any nonresidential use and
multi-family dwellings with 10 or more dwelling units:
(a)
Parking. EVCSs shall be located in an existing or proposed parking space developed in accordance with the provisions of § 151-44.
(b)
Location. Unless required by Subsection F(2)(k) herein, EVCSs shall not be located in the most convenient or prime parking spaces that would encourage use by nonelectric vehicles.
(c)
Equipment shelters. Above-ground electric vehicle charging equipment
shall be contained in a Milbank enclosure or equivalent equipment
shelter.
(d)
Cord management. EVCSs shall be provided with a cord management
system that keeps cords and connectors off the ground when not in
use. Cords shall be retractable or the EVCSs shall include a place
to hang the cord and connector sufficiently above the pedestrian surface.
Any cords connecting the charger to a vehicle shall be configured
so that they do not cross a driveway, sidewalk, or passenger unloading
area.
(e)
Design and screening. Facilities should be able to be readily
identified by electric vehicle users, but be compatible with the character
and use(s) of the site. The Planning Board may require screening of
electric vehicle charging equipment with fences, walls and/or evergreen
vegetation.
(f)
Equipment protection. Adequate protection of electric vehicle
charging equipment, such as concrete-filled steel bollards, shall
be used. Curbing may be used in lieu of bollards if the electric vehicle
charging equipment is setback a minimum of 24 inches from the face
of the curb.
(g)
Pavement markings. No pavement markings or colored pavement
shall be permitted other than what is required for standard and accessible
parking spaces, and an electric vehicle symbol a maximum of 8 1/2
square feet in size. The standard pavement markings indicating the
parking space for the EVCS shall be painted green, unless the space
is an accessible parking space.
(h)
Number. Unless the Planning Board determines otherwise, no more
than 10% of the total number of parking spaces that are required to
serve the use(s) on the property may be electric vehicle parking spaces
that are exclusively proprietary to a specific brand of vehicle.
(i)
Signs.
[1]
In addition to any signs required by law and the posting of the information in the following Subsection F(2)(i)[2], each EVCS also may include one sign, a maximum of one square foot in size. Said sign shall be incorporated into or affixed to the charging station and shall not be a separate stand-alone sign; it shall not be an illuminated sign; shall not require a sign permit; and shall not be included in the total number of permitted signs for the lot or use to which the charging station is accessory.
[2]
The following information shall be posted on all EVCSs: voltage
and amperage levels; hours of operations if time limits or tow-away
provisions are to be enforced; usage fees; safety information; and
contact information for reporting when the equipment is not operating
properly or other problems.
[3]
No audio message or audible devices such as loudspeakers and
similar instruments shall be permitted.
[4]
A small LED-type screen/key pad shall be permitted on the EVCS
for contact information, status, and payment purposes only.
[5]
No other signs on the EVCS or for the electric vehicle parking
space shall be permitted, including, but not limited to, animated
signs, electronic message signs, off-premises signs, or any other
type of advertising, other than as may be required by law.
(j)
Lighting. EVCSs shall not be internally illuminated, with the exception of the LED screen/key pad permitted in Subsection F(2)(i)[4] above, nor shall any external illumination be attached to the EVCS.
(k)
Accessibility. EVCSs shall be sited so as not to reduce or impede
the accessible features of the site, including, but not limited to,
accessible parking spaces, access aisles and routes, as required by
the NYS Uniform Code. Accessible EVCSs shall comply with the requirements
of the NYS Uniform Code.
(l)
Maintenance. Electric vehicle charging stations shall be properly
maintained in all respects, including the functioning of the charging
equipment. Charging stations no longer in use shall be removed immediately.
G.
Family day-care home and group family day-care home. Subject to the
regulations of the Department of Social Services under Social Services Law § 390, and its implementing regulations, a family day-care home or a
group family day-care home is a permitted use in all zoning districts
provided the facility shall be operated and maintained in accordance
with all applicable laws, rules and regulations. The owner and/or
provider of a family day-care home or group family day-care home shall
provide a copy of the license or registration certificate from the
New York Office of Children and Family Services to the Village of
Wappingers Falls.
H.
Home occupation.
(1)
Purpose. The conduct of small-scale, low-impact home occupations
shall be permitted as an accessory use on residential premises under
the provisions of this section. It is the intent of this section to:
(a)
Ensure the compatibility of home occupations with other permitted
uses;
(b)
Maintain and preserve the historic character of the Village;
and
(c)
Allow residents to engage in gainful employment on their properties
while avoiding excessive noise, traffic, nuisance, fire hazard, and
other possible adverse effects of nonresidential uses in residential
districts and adjacent to residential uses.
(2)
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business [with the exception of a sign as allowed in Subsection H(10) herein], does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property or the neighborhood. Any new construction undertaken to accommodate the home occupation activity shall be wholly consistent with the character of a residential premises.
(3)
A home occupation may only be conducted within a dwelling unit which
is a residence of the principal practitioner of the occupation or
in an accessory building thereto which is normally associated with
the residential use.
(4)
For purposes of this chapter:
(a)
A home occupation shall be classified as a Class 1 Home Occupation
if conforms to the provisions of this section and it:
[1]
Occurs fully within the dwelling unit;
[2]
Employs no nonresident employees;
[3]
Has no temporary or longer-term outdoor storage of materials
or equipment used in connection with the home occupation;
[4]
The volume of clients or guests who visit the home occupation
is less than six per day; and
[5]
The volume of truck deliveries or truck traffic to the home
occupation is less than one per day averaged over a week.
(b)
All other home occupations shall be classified as Class 2 Home Occupations, which may only be authorized by special use permit in accordance with Article X of this chapter.
(c)
A Class 2 Home Occupation may employ a maximum of one nonresident
employee.
(5)
Number of home occupations permitted.
(a)
For all dwelling types except detached single-family dwellings,
each dwelling unit shall be permitted a single Class 1 home occupation
only. No Class 2 home occupations shall be permitted.
(b)
For detached single-family dwellings, not more than two home occupations (either two Class 1 home occupations, or one Class 1 and one Class 2 home occupations), may occur on a single lot, with Subsections (5), (9), (10) below applying to either a single home occupation or the aggregate of the two home occupations occurring on the lot.
(6)
Size of home occupations.
(a)
A home occupation that is located wholly within a dwelling unit
shall occupy no more than 500 square feet of gross floor area or 25%
of the gross floor area of the dwelling on the premises, whichever
shall be the more restrictive.
(b)
A home occupation that is located partially or entirely within
an accessory structure shall occupy no more than a total of 500 square
feet of gross floor area.
(7)
Except for articles produced on the premises and other articles customarily
associated with the product made or the service provided on the premises,
no stock-in-trade shall be displayed or sold on the premises nor shall
any item be available for rental.
(8)
Outdoor storage of equipment or materials used in the home occupation
may be authorized for a Class 2 home occupation, but shall not be
permitted in the front yard of the premises, shall meet the setback
requirements for accessory buildings in the zoning district in which
it is located, shall occur as inconspicuously as practicable on the
lot, and shall be effectively screened year round from a public road
and any adjacent residential property by intervening landform, evergreen
vegetation, or fencing, in addition to other screening and landscaping
requirements. No hazardous materials shall be permitted to be stored.
(9)
One off-street parking space per nonresident employee shall be provided,
and a maximum of two off-street parking spaces shall be permitted
to serve all home occupations on the lot.
(10)
No sign shall be permitted for a home occupation other than a sign permitted for a dwelling unit as set forth in § 151-54A(5).
(11)
No sharing, letting or subletting of space for use by nonresidents
of the dwelling unit in the conduct of their profession, trade or
business shall be permitted.
(12)
In no case shall a home occupation be open to the public earlier
than 8:00 a.m. or later than 8:00 p.m.
(14)
A special permit granted for a Class 2 home occupation shall
expire when the occupation changes or the property is sold.
(15)
The above notwithstanding, because of parking requirements and
the potential for noise, odors, traffic congestion and other issues
of land use compatibility, the following uses are specifically prohibited
from consideration as a permitted (Class 1) or special permit (Class
2) home occupation under this chapter:
(a)
Ambulance service.
(b)
Taxi, limousine or similar service with more than one such vehicle
used in the service.
(c)
Vehicle and equipment uses, as defined in this chapter.
(d)
Boat sales, rental and/or service.
(e)
Commercial servicing of construction equipment, including, but
not limited to, backhoes, bulldozers and trucks.
(f)
Beauty salons and barbershops with more than one chair.
(g)
Places of worship.
(h)
Restaurants, bars or taverns, and nightclubs.
(i)
Dancing, art, martial arts, and similar group instruction activity
when serving more than three students per class.
(j)
Musical instrument instruction for more than two students at
one time.
(k)
Child day-care centers.
(l)
Personal service establishments, licensed by the New York State
Education Department, serving more than one customer at a time.
(m)
Construction companies, building contractors, home builders,
or general contractors, with more than one Class 2 commercial vehicle
used in the business.
(n)
Landscape contractors with more than one Class 2 commercial
vehicle used in the business.
(o)
Animal services, as defined in this chapter.
I.
Outdoor dining. Outdoor dining shall be allowed as an accessory use
to a restaurant, bar or tavern, or craft beverage pub, provided that
the following standards are met:
(1)
All outdoor dining shall be shown on an approved site plan.
(2)
Outdoor dining shall not interfere with pedestrian circulation and
access to building entrances or parking spaces and access aisles.
(3)
All planters, posts with ropes, railings, fences and similar enclosures
must be temporary, self-supporting, removable and not exceed a height
of 30 inches.
(4)
Awnings, and patio umbrellas shall be permitted, and the colors of
such features shall complement the building colors where the establishment
is located.
(5)
No additional signage of any kind shall be permitted, including,
but not limited to, signage affixed to temporary structures or accessories
associated with outdoor dining.
(6)
Decks and patios, tables, chairs, planters, and other elements of
street furniture shall be compatible with the architectural character
of the building where the establishment is located.
(7)
No standing room service shall be permitted.
(8)
Outdoor service bars, as defined in this chapter, shall be permitted.
(9)
No music that can be heard beyond the lot lines of the property on
which the outdoor dining is located shall be permitted.
(10)
No containers for trash shall be placed on the outdoor dining
area.
(11)
The outdoor dining area shall be kept clean and litter-free.
(12)
Sidewalk dining. Sidewalk dining is a specific type of outdoor
dining that occurs in a designated area of a public sidewalk where
patrons may sit at tables while consuming food and beverages purchased
from the associated eating or drinking establishment. Sidewalk dining
shall comply with all of the provisions for outdoor dining outlined
above and the following:
(a)
The sidewalk dining area must be located adjacent to the property
of a lawfully operating restaurant, bar or tavern, or craft beverage
pub and shall be under the control of said establishment.
(b)
At least five feet or 50% of the total sidewalk width, whichever
is greater, shall be maintained free of tables and other obstructions
outside the sidewalk dining area to ensure a clear pedestrian passageway
along the sidewalk, as illustrated in Figure VIII-2.
 |
(c)
All sidewalk dining in the public right-of-way requires approval
of the public entity that has control over the right-of-way.
(d)
All fixtures and furnishings must be of a temporary nature,
and must be brought in and stored or stacked and secured during nonoperational
hours. No permanent or fixed seating shall be permitted.
J.
Refuse enclosures.
(1)
All outdoor storage of trash and recycling containers, including
cans, carts, and dumpsters, accessory to multi-family dwellings and
nonresidential uses shall be screened from public view and adjacent
properties in a refuse enclosure as follows:
(a)
Refuse enclosures shall be fully enclosed on three sides by
a solid fence or wall made of durable materials a minimum of 72 inches
and a maximum of 96 inches in height, unless otherwise required by
the Planning Board. The remaining side of the enclosure shall include
solid gate(s) or door(s), the same height as the enclosure, that can
be securely closed. Trash and recycling containers within the enclosure
shall not exceed the height of the enclosure. All enclosures shall
be adequately maintained so that access gates or doors function and
the walls or fences does not fall into disrepair.
(b)
Refuse enclosures shall not be located in the front yard and shall meet all applicable setback requirements for accessory structures set forth in § 151-25 for the zoning district in which they are located.
(c)
Refuse enclosures must be located on the parcel on which the
waste is generated.
(d)
Refuse enclosures shall not displace any required off-street
parking spaces.
(e)
Refuse enclosures shall be architecturally compatible to the
principal structure(s) and constructed using similar or compatible
materials and colors.
(f)
The Planning Board may require that refuse enclosures be screened
with vegetation.
K.
Satellite dishes and antennas. Satellite dishes and antennas, such
as ham radio, CB, and shortwave antennas, shall be permitted as a
customary accessory use for nonprofit, noncommercial purposes in any
zoning district, provided that the following standards are met:
(1)
Any antenna, whether attached to a building or freestanding structure,
shall not exceed 35 feet in height measured vertically from the established
average grade directly below the antenna, and its setback from all
adjacent property lines shall be a minimum of 35 feet or the height
of the antenna plus 10 feet, whichever is greater.
(2)
No ground-mounted or pole-mounted satellite dish or antenna shall
be located in a front yard.
(3)
No building-mounted dish antenna shall be mounted on the front facade
of the building or on a roof facing a public right-of-way.
(4)
Dish antennas shall be screened by intervening vegetation or landform
from adjacent property lines or public rights-of-way to minimize their
visibility to the extent practicable without adversely affecting the
operation of the dish antenna.
(5)
Any ground-mounted or pole-mounted antenna shall be:
(a)
Properly anchored, adequately grounded and connected to its
receiver by underground wiring; and
(b)
Designed and located, to the extent practicable, to minimize
visual impact on the adjacent property and public rights-of-way, with
black mesh preferred for dish antennas due to its significantly reduced
visual impact.
L.
Short-term rentals. A short-term rental shall be permitted where
allowed in the District Schedule of Uses,[1] provided that the following standards are met:
(1)
Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease, or advertise for rent or lease, any property as a short-term rental without first having obtained a short-term rental permit pursuant to Chapter 124, Short-Term Rentals, of the Village Code.
(2)
Short-term rental shall only be permitted as an accessory use to
a detached single-family dwelling.
(3)
Short-term rental shall only be permitted within a principal building,
not an accessory building.
(4)
Short-term rental shall not be permitted on the same lot as an accessory
dwelling unit or a Class 2 home occupation.
(5)
The single-family dwelling shall be resident's primary residence
and the resident shall reside in the dwelling during the rental. The
dwelling shall retain at least one bedroom for the exclusive use of
the occupant(s) of the principal dwelling unit to which the short-term
rental is accessory.
(6)
Unhosted short-term rental is prohibited in the Village.
[1]
Editor's Note: See 151 Attachment 2, District Schedule of
Uses.
M.
Solar collectors. Solar collectors shall be permitted as a customary
accessory use in any zoning district, provided that the following
standards are met:
(1)
With the exception of the H-O District, the preferred location for
solar collectors is on the roof of a structure.
(2)
For building-mounted solar collectors the following shall apply:
(a)
To minimize their overall visibility, solar collectors and their
support structures, shall match the surrounding building fabric in
color whenever possible.
(b)
For a building-mounted solar collector installed on a sloped
roof, the solar collector shall be installed at the same angle as
the roof on which it is installed with a maximum distance, measured
perpendicular to the roof, of eight inches between the roof and edge
or surface of the system. The highest point of the solar collector
shall not exceed the highest point of the roof to which it is attached.
(c)
For a building-mounted solar collector installed on a flat roof,
the highest point of the collector shall be permitted to extend up
to two feet above the surface of the roof or the parapet, whichever
is higher. The solar collector shall be set back from the roof edge,
and the angle and height of the collector shall be adjusted to minimize
visibility to the maximum extent practicable.
(d)
Roof-mounted solar collectors shall be arranged in a pattern
that matches the general shape and configuration of the roof on which
they are mounted.
(e)
Conduits shall be run through the roof or building, and skirting
shall be installed around the solar collectors to hide the underlying
mounting frames and improve appearance.
(3)
For ground-mounted solar collectors the following shall apply:
(a)
Ground-mounted solar collectors are prohibited in a front yard,
and shall not project closer to a fronting street than the principal
building on the lot.
(b)
Ground-mounted solar collectors shall be considered accessory structures and shall meet all applicable setback requirements for accessory structures set forth in § 151-25 for the zoning district in which they are located.
(c)
The height of a ground-mounted solar collector shall not exceed
12 feet when oriented at maximum tilt.
(d)
Ground-mounted solar collectors shall be located so as not to
impede the solar access of an adjacent property.
(e)
Ground-mounted solar collectors shall be screened from adjacent
properties and from any public right-of-way, recreation park, or other
public space to the maximum extent practicable.
(f)
Ground-mounted solar collectors shall be designed with an anti-reflective
coating and positioned so as not to project unreasonable glare onto
any property in residential use.
(4)
All solar collectors shall comply with the New York State Uniform
Code, as amended, and any additional electrical and safety regulations
adopted by the State of New York.
(5)
All exterior electrical lines shall be placed in conduit and buried
underground.
(6)
In the H-O District, solar collectors shall require a Certificate
of Appropriateness from the Planning Board and shall be located as
follows:
(a)
Ground-mounted solar collectors are preferable to location on
an historic building, as long as they are located to minimize their
visibility from a public right-of-way, and are screened from public
viewing locations to the maximum extent practicable through the use
of architectural features, earth berms, landscaping, fencing, or other
screening, to harmonize the solar collector with the character of
the property and surrounding neighborhood.
(b)
In cases where new buildings or new additions to historic buildings
either exist or are proposed, it is preferable to locate solar collectors
on the new construction.
(c)
If ground-mounted solar collectors cannot be accommodated and
the site does not include new construction the following shall apply:
[1]
Solar collectors shall be placed in areas that minimize their
visibility from a public right-of-way. The primary facade of an historic
building is often the most architecturally distinctive and publicly
visible, and thus the most significant and character defining. To
the maximum extent practicable, solar collectors shall not be placed
on street-facing walls or roofs, including those facing side streets.
Preferred locations for solar collectors are below and behind parapet
walls and dormers or on rear-facing roofs.
[2]
The installation of solar collectors shall not require alterations
to significant or character-defining features of an historic structure,
such as existing rooflines or dormers, nor shall they obstruct views
of significant architectural features, such as overlaying windows
or decorative details.
[3]
The use of solar roof tiles, laminates, glazing, and other technologies
that require the removal of intact historic fabric or that permanently
alter or damage such fabric shall be prohibited.
N.
Swimming pools. Swimming pools shall be permitted as a customary
accessory use in any zoning district, provided that the following
standards are met:
(1)
Any outdoor swimming pool as defined in this chapter, shall be subject
to the safety measures prescribed by the New York State Uniform Fire
Prevention and Building Code.
(2)
A swimming pool must be erected on the same lot as the principal
structure.
(3)
A swimming pool shall only be permitted in the rear yard.
(4)
All swimming pools must be located a minimum of five feet from any
side and rear lot line.
(5)
Each pool shall be equipped with an integral filtration system, and
filter pumps or other mechanical devices shall be so located, constructed,
and operated as to not interfere with the peace, comfort, and repose
of the occupant of any adjoining property. This requirement does not
apply to temporary pools with nonrigid walls designed to be filled
by garden hoses rather than a piped water connection, provided that
the pool is not designed to contain water more than 18 inches deep.
(6)
No lighting or spotlighting shall be permitted that is capable of
projecting light beyond the boundaries of the lot on which said pool
is located.
O.
Vehicle towing service. Vehicle towing service shall be permitted
as an accessory use to a vehicle service facility in the CMU District,
provided that the following standards are met:
(1)
A maximum of three tow trucks may be parked or stored on the property
at any one time.
(2)
No vehicles of any kind shall be permitted to be parked or stored
in the front yard.
(3)
All vehicle parking and storage areas, service yards, refuse enclosures,
and other areas that tend to be unsightly shall be suitably screened
to obscure them from view from both neighboring properties and public
rights-of-way by use of walls, fencing or planting, or combinations
of these, with all such enclosures being compatible in material, texture
and color with the principal building or buildings on the property.
A.
Fair, festival or similar event (on premises). Nothing in this chapter
shall be construed as prohibiting a place of worship, school, civic
association or similar nonprofit organization from holding a fair,
festival or similar event for a period not exceeding five days upon
its own premises or upon the premises of another such organization,
the profit from which event is for the sole benefit of said applicant
or other designated noncommercial beneficiary.
B.
Farmers' market. Farmers' markets are permitted as a temporary
use in the VC and CMU Districts and on any parcel owned by the Village
of Wappingers Falls in any zoning district, provided that the following
standards are met:
C.
Private garage and yard sale. Nothing in this chapter shall be construed
as prohibiting private garage and yard sales, provided that the following
standards are met:
(1)
No such sale shall last longer than three consecutive days.
(2)
No premises shall be the site of more than four such sales within
one calendar year.
(3)
All sales shall be conducted on the owner's property. Multiple-family
sales are permitted, provided that the sale is held on the property
of one of the active participants.
D.
Temporary construction office or yard. A construction office or yard
is permitted as a temporary use in any zoning district, provided that
the following standards are met:
(1)
The temporary construction office or yard shall be located on the
property where construction is occurring, and shall be permitted from
the time a building permit is approved until 30 days after a Certificate
of Occupancy is issued.
E.
Temporary portable storage container.
(1)
Portable storage containers are prohibited upon a lot in residential
use, including residential use in a mixed-use building, or upon a
vacant commercial lot, except where the containers provide necessary
storage for an active construction project, are necessitated by an
unforeseen and uncontrollable event, or to assist in moving in or
out of a residence.
(2)
A portable storage container shall not be placed on any property
more than two times per calendar year and not more than 30 days at
a time. The Code Enforcement Officer may approve an extension for
good cause shown.
(3)
All portable storage containers shall be securely closed when not
in use. No materials, property, or goods shall be stored outside of
a container during the hours between sunset of one day and sunrise
of the next day, except if the container is being used in conjunction
with construction, and in such case only construction materials may
be left outside of the container.
F.
Temporary real estate sales/leasing office. A real estate sales/leasing
office shall be permitted as a temporary use in any zoning district,
provided it shall be located on the property being sold or leased,
and shall be limited to the period of offering for sale or lease,
but not exceeding two years.
G.
Temporary/seasonal sales. Temporary/seasonal sales are permitted
as a temporary use in any zoning district, provided that the following
standards are met:
