The special uses for which conformance to additional
standards is required by this chapter shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein in addition to all
other requirements of this chapter. All such uses are declared to
possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
[Amended 5-18-1999 by L.L. No. 7-1999]
An area map, at a scale not larger than one
inch equals 800 feet, showing the location of the property with respect
to surrounding property, streets and other important features, and
a plan for the proposed development of a site for a permitted special
use shall be submitted with an application for a special use permit.
The plan shall show the location of all buildings, parking areas,
traffic access and circulation drives, open spaces, landscaping, topography,
special features, signage and any other pertinent information, including
such information about neighboring properties which may be necessary
to determine and provide for the enforcement of this chapter.
[Amended 6-18-1985 by L.L. No. 7-1985; 3-18-2003 by L.L. No. 5-2003]
Application for required special permits shall be made to the Town Board, Zoning Board of Appeals or Planning Board as provided for herein and so provided in § 300-201C. The Zoning Board of Appeals, after public notice and a hearing in the same manner as is required by law for zoning appeals, and after receipt of a report from the Planning Board, as provided below, if requested, may authorize the issuance of a permit, provided that it shall find that all of the appropriate conditions and standards in §§ 300-36 through 300-75 have been met. Such permit shall run with the land or premises and not to the applicant, owner or other interested party. The applicant must post notification signs in accordance with § 205-7, Notification signs.
The Zoning Board of Appeals may refer to the
Town Planning Board, for report, any special permit application.
A special use permit shall be deemed to authorize
only one particular special use. Such permit shall be considered null
and void if not exercised within six months from the date of issue,
and all improvements required for this special use shall be completed
within said six-month period, unless otherwise provided in the Board's
approval of said use.
[Amended 6-18-1985 by L.L. No. 7-1985; 9-6-2011 by L.L. No.
10-2011]
A use authorized by special permit granted by the Zoning Board
of Appeals, Town Board or Planning Board may be revoked by the board
which granted the special permit, if that board finds and determines,
after a public hearing held in the manner provided for by law for
that board, that there has been a failure of compliance with any one
of the terms, conditions, limitations and requirements imposed by
said permit.
[Amended 6-18-1985 by L.L. No. 7-1985]
The Board of Appeals, Town Board or Planning
Board, as the case may be, shall attach such conditions and safeguards
to the special permit as are necessary to ensure continued conformance
to all applicable standards and requirements.
No permit shall be issued for a special use
for a property where there is an existing violation of this chapter.
A.
The location and size of the use, the nature and intensity
of the operation involved in or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it shall be such that it will
be in harmony with the appropriate and orderly development of the
district in which it is located.
B.
The location, nature and height of buildings, walls
and fences and the nature and extent of the landscaping on the site
shall be such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings or impair the value
thereof.
C.
Operations in connection with any special use shall
not be more objectionable to nearby properties by reason of noise,
vibration, excessive light, smoke, gas, fumes, odor or other atmospheric
pollutants than would be the operations of any permitted uses.
D.
Parking areas shall be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
prevent traffic hazards and nuisances.
A special use shall conform in all respects
to all the regulations of this chapter and, particularly, to those
regulations in the schedule of regulations for the zoning district
in which the special use is located, except that the regulations in
the following sections shall apply when they are more restrictive.[1] The Board of Appeals may reduce the special side or rear
yard requirements in the following sections in those cases where the
property line is adjacent to permanently open land, such as the parkway
or watershed property, but to no less than 40% of such special requirements
provided in the schedule of regulations for the district in which
located.
[Added 2-15-1983 by L.L. No. 2-1983]
A.
It is the purpose of this section to legalize and
control existing accessory dwelling units in single-family homes and
to regulate new conversions. It is the intent that neighborhoods zoned
as single-family primary maintain their single-family character. The
adoption of this section will further the Town's goal to provide affordable
rental housing in Yorktown without thereby changing the low-density,
predominantly single-family character of the Town. At the same time,
this section will act towards easing the financial burden of homeowners,
particularly senior citizens. It is the further purpose and intent
of these provisions to provide for the health, safety and welfare
of the inhabitants of the Town of Yorktown and of the occupants of
accessory dwelling units and to ensure that said accessory dwelling
units meet minimum health, fire and safety standards.
[Amended 6-5-1984 by L.L. No. 6-1984; 6-4-1996 by L.L. No. 6-1996]
B.
The Zoning Board of Appeals of the Town of Yorktown
may permit the construction of an accessory dwelling unit within an
existing single-family home pursuant to the following standards.
[Amended 1-5-1988 by L.L. No. 3-1988; 6-4-1996 by L.L. No. 6-1996; 12-19-2006 by L.L. No. 17-2006]
(1)
Accessory dwelling units. Such units shall be permitted
in detached accessory buildings in the R1-80 Zone and greater zones,
provided that the accessory building complies with all setback and
yard requirements of the zone for the main building and that the unit
is on the second story of the accessory building and does not displace
or reduce the original accessory building's use. No accessory dwelling
units are allowed in accessory buildings in the R1-10, R1-20 and R1-40
Zones.
(2)
Lot size. No less than the legal size as required
by the zoning district, except that in the R1-10 Zone, 10,000 square
foot lots will qualify if they have been in existence prior to 1970
and/or have been legalized by the Zoning Board of Appeals.
(3)
Age of principal structure. Any existing house for
which a certificate of occupancy has or should have been issued prior
to the effective date of this section is eligible. Any new house which
has received a certificate of occupancy subsequent to the effective
date of this section shall not be eligible for this special permit
for a period of two years from the issuance of such certificate of
occupancy. The Zoning Board may waive the two-year waiting period
in order to allow creation of an accessory apartment for a disabled
person or a senior citizen 62 years of age or older, but in no other
circumstance.
(4)
Architectural treatment. The architectural treatment
of the structure shall be such as to portray the character of the
single-family dwelling. Only one main entrance will be permitted on
the front side of the building; all other entrances shall be at the
side or in the rear.
(5)
Floor area. The usable floor area of the accessory
unit shall have a minium of 400 square feet and a maximum of 800 square
feet, except that the area of the accessory unit shall not exceed
33% of the usable floor area of the main building.
(6)
Bedrooms. There shall be a maximum of two bedrooms
in the accessory unit.
(7)
Parking. One and one half off-street spaces shall
be provided for each unit; provided that the existing number of bedrooms
is not increased. If the existing number of bedrooms is increased,
the Zoning Board may require additional off-street spaces.
(8)
Ownership. One dwelling unit must be owner-occupied,
which must be the larger unit, except for accessory units approved
prior to June 1, 1996.
(9)
Number of accessory dwelling units per lot. There
shall be no more than one accessory apartment nor a total of two dwelling
units permitted per lot.
(10)
Permits. A building permit shall be obtained
as otherwise required, and a certificate of occupancy must be issued
prior to utilization of an accessory unit. No permit shall be issued
until the Town Engineer or the Board of Health, whichever is appropriate,
has made a written approval regarding the sewage disposal capacity
for the unit created.
C.
Application.
(1)
Application for special permit for an accessory apartment
unit shall be made in accordance with the procedures set out in this
section to the Zoning Board of Appeals. The application shall consist
of the following:
(a)
A letter requesting the special permit listing
the name of the owner of the dwelling and the address of the property
to contain the accessory apartment unit.
(b)
Floor plans showing proposed changes to the
dwelling.
(c)
Property survey.
(2)
Upon receipt of the application, the Board will conduct
at least one public hearing for every application for special permits
for accessory apartment units. The Board may, at its discretion, conduct
a public hearing in connection with any renewal application. Legal
notice of such hearing shall be published in the official newspaper
at least 10 days prior to the public hearing. At the public hearing,
the applicant shall certify that written notice of the date, time
and place of the hearing and a brief statement describing the application,
on forms to be obtained from the Zoning Board, was sent not less than
15 nor more than 25 days prior to the date of such hearing to every
owner of property immediately adjoining the property for which this
application is made. Each such notice shall be sent by the applicant
by first class mail by the United States Post Office. Prior to the
hearing, the applicant shall submit a separate certificate of mailing
issued by the United States Post Office for each notice mailed, together
with a copy, certified by the applicant or his attorney as true and
correct, of the notices actually mailed.
[Amended 6-4-1996 by L.L. No. 6-1996; 7-18-2017 by L.L. No.
11-2017]
(3)
In case of extensive changes to the exterior of the
existing structure, the Zoning Board may refer the application to
ABACA for its review and recommendation.
(4)
The special permit shall be granted for a maximum
period of three years to the owner who applies for it. If any of the
provisions set forth in this section are not met, and/or if ownership
changes, the special permit shall be null and void.
D.
Applicable standards.
[Amended 6-5-1984 by L.L. No. 6-1984]
(1)
When considering an application for a special permit for an accessory dwelling unit, the Zoning Board of Appeals shall apply the following standards, in addition to those general standards (§ 300-36) found in this chapter:
(2)
It is the Town Board's intent that neighborhoods zoned
as single-family primary remain their single-family character. The
Town Board finds that there may come a time when the number of accessory
dwelling units in a zoned single-family neighborhood will adversely
affect the character thereof. The Zoning Board of Appeals shall deny
a special permit for an accessory dwelling unit should it find that
the number of such units, including the one proposed, will adversely
affect the character of a zoned single-family neighborhood.
G.
In order to provide an assessment of this section's
operation, its effect upon the Town and whether or not this provision
of law shall be continued, further amended or terminated, the Town
Board shall review the same no later than two years subsequent to
the date of this amendment.
[Amended 6-5-1984 by L.L. No. 6-1984]
H.
In the event that a dwelling with a valid special
permit for an accessory dwelling unit is sold, the special permit
shall lapse unless, within 90 days after the transfer of title, the
new owner shall apply for renewal under this chapter of the previous
special permit. If such application is timely made, the new owner
shall not be deemed in violation of this chapter so long as the renewal
application is pursued with due diligence. If such renewal application
is granted, the new special permit shall run three years from the
date of transfer of title. If, after transfer of title, a renewal
application shall not be made within 90 days and an application pursuant
to this section shall be made at any time within three years following
the date of transfer of title, any special permit issued pursuant
to such application shall be granted for a maximum period of three
years from the transfer of title.
[3]
Editor's Note: This local law also repealed
former Subsection (I), dealing with accessory dwellings, as amended 6-4-1984
by L.L. No. 6-1984 and 1-5-1988 by L.L. No. 3-1988.
I.
No boarders shall be permissible in a dwelling which has an accessory dwelling unit. A dwelling may not receive a special permit for a tourist home, rooming house or boardinghouse, pursuant to § 300-60, and a special permit for an accessory dwelling unit.
[Added 6-5-1984 by L.L. No. 6-1984]
J.
All owners of dwellings who have not previously obtained
special permits for accessory dwelling units located within their
dwellings shall apply to the Zoning Board of Appeals for a special
permit within six months of the effective date of this section. If
application is so made within said six-month period, the owner of
the dwelling shall not be deemed in violation of this section. If
application to the Zoning Board of Appeals is not made within said
six-month period, the owner of the dwelling shall be deemed in violation
of this section and shall be subject to the penalties provided herein.
[Added 6-5-1984 by L.L. No. 6-1984]
K.
Any lot with respect to which a special use permit
for an accessory dwelling unit has been granted shall be ineligible
for a special use permit to store, park or stand any commercial vehicle
or trailer.
[Added 6-5-1984 by L.L. No. 6-1984; amended 1-5-1988 by L.L. No. 3-1988; 6-4-1996 by L.L. No. 6-1996; 12-19-2006 by L.L. No. 17-2006]
L.
Penalty. Any owner or builder or agent of either of
them who fails to secure a special permit for an accessory dwelling
unit, as provided in this chapter, who allows occupancy of an accessory
dwelling unit in violation of the provisions of this chapter or who
constructs or causes to be constructed a dwelling with an accessory
dwelling unit shall be guilty of an offense punishable by a fine of
not less than $500 nor more than $1,000 or imprisonment not to exceed
15 days, or both, upon conviction of a first offense and, for the
second and each subsequent conviction, by a fine not less than $1,500
nor more than $2,000 or imprisonment not to exceed 15 days, or both.
Each week's continued violation shall constitute a separate additional
violation.
[Added 1-5-1988 by L.L. No. 3-1988]
[Added 4-20-1988 by L.L. No. 13-1988; amended 12-19-1989 by L.L. No. 22-1989; 7-3-1990 by L.L. No. 11-1990; 9-20-1994 by L.L. No. 23-1994; 3-7-1995 by L.L. No. 5-1995; 6-5-2012 by L.L. No.
5-2012]
A.
Effect, purpose and intent. It is the purpose and
intent of this section to provide guidelines and regulations for affordable
housing under the Town's Affordable Housing Program.
[Amended 2-21-2023 by L.L. No. 1-2023]
B.
AFFORDABLE HOUSING
AGGREGATE INCOME
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A residential dwelling unit made available for sale or rent
at a price established in conformance with the provisions hereof.
[Amended 2-21-2023 by L.L. No. 1-2023]
The gross annual income of all members of a household, including
but not limited to taxable income, nontaxable income, investment income,
accident and health plan benefits, insurance policy proceeds, distributions
from trust funds, social security payments, unemployment compensation
and alimony payments, excluding the earnings of working minors and/or
full-time students, alimony paid and taxable tuition benefits. The
annual term shall be such as fixed by the Yorktown Community Housing
Board.
C.
Eligibility.
(1)
Eligibility of purchaser. To be eligible to purchase affordable housing,
a household's aggregate income shall not exceed 80% of the area median
income (AMI) for Westchester County as calculated annually by the
U.S. Department of Housing and Urban Development and published by
the County of Westchester. In the event that there are no eligible
purchasers for an affordable housing unit whose income does not exceed
80% of AMI, the YCHB may allow applicants whose income exceeds 80%
but does not exceed 90% of AMI to apply to purchase the unit.
(2)
Eligibility of renter. To be eligible to rent affordable housing,
a household's aggregate income shall not exceed 60% of the area median
income (AMI) for Westchester County as calculated annually by the
U.S. Department of Housing and Urban Development and published by
the County of Westchester.
(3)
Inclusion of assets in determining income. To ensure that the affordable
housing units herein will, in fact, be purchased or rented by those
persons with the need for the same, income from nonretirement net
assets will be considered in calculating a household's aggregate income.
If no such income is reported or verified, annual income equivalent
to 2% of the nonretirement assets shall be imputed.
D.
Occupant selection standard. When affordable housing is sold or rented,
the following standards shall be used to determine occupancy:
(1)
A household must be income-eligible.
(2)
The number of persons in the household must fall within the occupancy
standards for the size unit as indicated below:
|
Dwelling Unit Size
|
Number of Persons
| |
|---|---|---|
|
Efficiency
|
Minimum: 1, maximum: 1
| |
|
1 bedroom
|
Minimum: 1, maximum: 3
| |
|
2 bedrooms
|
Minimum: 2, maximum: 4
| |
|
3 bedrooms
|
Minimum: 3, maximum: 6
| |
|
4 bedrooms
|
Minimum: 4, maximum: 8
|
(3)
Among income-eligible households which meet the occupancy standards,
affordable units will be offered in the order of applicants based
on the number on the affordable housing waiting list. The waiting
list number will be determined at the discretion of the Community
Housing Board either by lottery or by date and time of receipt of
the preapplication. If the earliest date of receipt of the preapplication
is utilized, in the event there is a tie due to identical dates of
receipt of preapplications, a lottery will be used to determine the
order of those applications on the list.
[Amended 2-21-2023 by L.L. No. 1-2023]
(4)
For affordable homeownership units, the eligible purchaser must provide
a refundable, good faith binder of 1% of the sales price of the affordable
unit.
(5)
All
affordable housing, whether for purchase or for rent, shall be broadly
marketed in a fair and affirmative manner. Such marketing shall include
referral to the County of Westchester's Homeseeker website.
[Added 2-21-2023 by L.L. No. 1-2023]
E.
Perpetuating affordability.
(1)
Use limitations for affordable homeownership housing units. The owner
or occupant of affordable housing may not lease or sublet the unit
without the prior authorization of the Community Housing Board. The
Community Housing Board shall not permit affordable housing to be
leased or sublet unless the following conditions are met:
(2)
Deed restrictions of for-sale affordable housing units. In the case of owner-occupied affordable housing units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the maximum resale price shall be the lower of the sales price for said unit as determined in Subsection E(2)(a) and (b) below:
(a)
The net purchase price (i.e., gross sales prices minus subsidies)
paid for the unit by the selling owner, increased by the percentage
increase, if any, in the Consumer Price Index (CPI) for Urban Wage
Earners and Clerical Workers in the New York-Northern New Jersey Area,
as published by the United States Bureau of Labor Statistics (the
"Index") on the dates between the month the seller acquired the unit
and the month that the unit is offered for resale, plus the cost of
approved major capital improvements made by the seller of the unit
while said seller of the unit owned the unit as evidenced by paid
receipts and written approval for said major capital improvements
received from the YCHB no later than the time the seller of the unit
has placed it for sale. Approval for, and addition to the potential
resale price of, any major capital improvements shall be at the sole
discretion of the YCHB. In reviewing such requests, the primary consideration
shall be maintenance of the affordability of the affordable housing
unit. If the Index referenced above ceases to be published by the
Bureau of Labor Statistics and a successor index has not been designated,
the YCHB shall recommend to the Town Board a comparable substitute
index or methodology for proposed adoption by amendment of this chapter
by local law. The last published edition of the Index shall continue
to be used until enactment of a successor index.
(b)
The price affordable to a household at 80% of AMI at the time the unit is offered for resale. This price shall be determined such that monthly housing costs shall not exceed 30% of 80% AMI, as adjusted based on unit size using the minimum household size for the unit as per Subsection D(2) hereinabove, and calculating the mortgage based on 100% of the sales price utilizing an average of prevailing mortgage rates for thirty-year, fixed-rate mortgages. Monthly housing costs shall include the estimated principal and interest on the mortgage loan, estimated property taxes and homeowners' insurance (otherwise known as "PITI"), as well as any estimated common charges, homeowners' association fees, and/ or common maintenance fees.
[Amended 2-21-2023 by L.L. No. 1-2023]
(3)
Sales price.
[Amended 2-21-2023 by L.L. No. 1-2023]
(a)
Resale. For resale of existing affordable homeownership units, the
price established by the YCHB in accordance with the foregoing shall
be the maximum resale price. Should no buyer be eligible under the
terms herein contract for and close on the purchase of the affordable
housing unit at this maximum price, the homeowner may, at his sole
discretion, reduce the price or withdraw the unit from the market.
The Town shall not be deemed to guarantee the resale price of the
unit, which may be affected by factors such as the housing market
and condition of the unit. A buyer of an affordable housing unit shall
be deemed to have fully assumed the risks associated with the future
value of the unit. The deed restrictions are for the sole purpose
of ensuring that the unit is sold to an income-eligible buyer at no
more than the maximum resale price as determined above.
(b)
Initial purchase price. For calculation of the initial purchase price of an affordable homeownership unit, the YCHB shall establish the maximum gross sales price utilizing the guideline information from the U.S. Department of Housing and Urban Development in the most recent edition of the "Westchester County Area Median Income (AMI) Sales & Rent Limits" published by the County of Westchester. To calculate housing costs for establishment of affordability of for-sale units, the YCHB shall include the estimated principal and interest on the mortgage loan, estimated property taxes and homeowners' insurance (otherwise known as "PITI"), as well as any estimated common charges, homeowners' association fees, and/or common maintenance fees applying to the units in the development. The maximum initial for-sale price shall be determined such that monthly housing costs shall not exceed 30% of 70% AMI, as adjusted based on unit size using the minimum family size eligible for the unit per the occupancy standards in Subsection D(2) hereinabove, and calculating the mortgage based on 100% of the sales price utilizing an average of prevailing mortgage rates for thirty-year, fixed rate mortgages.
(4)
Rents, leases and lease renewals of rental affordable housing units.
(a)
Initial leases and renewal leases offered under the provisions
of this chapter shall contain the following provision in twelve-point
or larger type font:
|
"This unit is an affordable housing unit governed by Section 300-39 of the Code of the Town of Yorktown. Initial and continuing eligibility for leasing the unit requires submission of names of, and income documentation for, all occupants of the unit, and use of the unit as the primary residence of the tenant. Such income and residency documentation will be requested, and must be submitted, prior to each renewal of the lease. Failure to submit income documentation and proof of residency will result in non-renewal and/or termination of the lease. If upon lease renewal tenant's annual gross income exceeds by more than 40% the maximum income for eligibility then allowable, then tenant may complete tenant's current lease term. If a non-restricted rental unit is available in the development at the termination of such lease term, and if the resident meets the credit and/or financial qualifications that owner or manager requires of other applicants for non-restricted rental units, owner or manager shall offer tenant a lease for such non-restricted rental unit. If no such dwelling unit shall be available at said time and accepted by the tenant, the owner shall offer tenant a one-year lease for the affordable housing unit tenant occupies but shall not offer tenant a renewal of the lease beyond the expiration of said term."
|
(b)
To calculate initial rent for the for-rent affordable housing
units, the YCHB will use the Low HOME rents based on unit size, as
set forth in the most recent edition of the "Westchester County Area
Median Income (AMI), Sales and Rent Limits."
[Amended 2-21-2023 by L.L. No. 1-2023]
(c)
Minimum floor area.
[Amended 2-21-2023 by L.L. No. 1-2023]
|
Unit Size of Affordable Units
|
Minimum Gross Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
450
| |
|
1 bedroom
|
675
| |
|
2 bedrooms
|
750
| |
|
3 bedrooms
|
1,000
| |
|
4 bedrooms
|
1,200
|
(d)
A tenant of a rental affordable housing unit shall be required to submit the names of, and income documentation for, all occupants of the unit to the owner or manager of the unit within 30 days after receipt of written request by the owner or manager as requested under Subsection E(4)(e) below for the purpose of verifying the tenant's continued eligibility to lease the unit. Intentional submission of misleading or inaccurate income information shall be grounds for denial of a renewal lease and may cause tenant to be subject to criminal prosecution.
(e)
One hundred and fifty days prior to the expiration of the lease,
the owner or manager shall request income documentation from the tenant.
The owner or manager shall review eligibility based on the rent and
income guidelines provided by the YCHB and in effect at that time.
If the tenant remains eligible, the owner or manager shall offer the
tenant a renewal lease at a rent no greater than the Low HOME rent
for the unit size occupied. If the tenant fails to submit income documentation
for all occupants of a rental affordable housing unit as provided
above, the owner shall not offer the tenant a renewal lease and shall
terminate the tenant's lease.
[Amended 2-21-2023 by L.L. No. 1-2023]
(f)
Applicants for rental affordable housing units shall, if income
eligible and if selected for occupancy, sign leases for a term of
no more than two years. As long as a resident remains eligible and
has complied with the terms of the lease, said resident shall be offered
a renewal lease for a term of no more than two years each.
(g)
If the tenant's income documentation establishes that the tenant's
annual gross income exceeds by more than 40% the maximum income for
eligibility then allowable, as defined herein, then the tenant may
complete the tenant's current lease term. If a nonrestricted rental
unit is available in the development at the termination of such lease
term, and if the resident meets the credit and/or financial qualifications
that the owner or the manager requires of other applicants for nonrestricted
rental units, the owner or the manager shall offer the tenant a lease
for such nonrestricted rental unit. If no such dwelling unit shall
be available at said time and accepted by the tenant, the owner shall
offer the tenant a one-year lease for the affordable housing unit
the tenant occupies but shall not offer the tenant a renewal of the
lease beyond the expiration of said term.
(h)
Nothing herein shall preclude the owner or the manager from
following standard industry practices in evaluating the background
and credit history of prospective tenants and making reasonable business
judgments regarding the acceptability of applicants. If an applicant
is rejected for good cause, another income-eligible applicant shall
be selected from the list.
(i)
Nothing herein shall preclude the owner or the manager from
enforcing the terms of the lease and rules and regulations, including
initiating an action in a court having jurisdiction over landlord-tenant
matters for nonpayment of rent or for holdover in an affordable housing
unit for cause or ineligibility hereunder.
(j)
Security deposit requirements of eligible rental affordable
housing units shall be limited to one month rent deposit.
(5)
Improvements restriction. An owner of an affordable housing unit
shall not make any structural improvements and/or changes to an affordable
housing unit without the approval of the Yorktown Community Housing
Board.
(6)
Conflicting terms of deed restrictions. If an affordable housing
homeownership unit shall have restrictions or requirements in its
deed that conflict with any of the provisions herein, then the language
of the deed shall prevail.
(7)
The Town of Yorktown is committed to equal housing opportunity and
fair housing, as further described in the Town's Housing Non-Discrimination
Policy.
(8)
Where
development-specific funding agreements from Westchester County, New
York State, or United States Government agencies require another methodology
for determining rent or sales price, the provisions of such agreements
shall supersede the methodology provisions of this section.
[Added 2-21-2023 by L.L. No. 1-2023]
F.
Establishment of a Community Housing Board.
(1)
There
is hereby established a Community Housing Board composed of seven
members, each a resident of the Town of Yorktown. The Board shall
administer the provisions of this section so that its purpose and
intent are realized. The Community Housing Board shall have the following
responsibilities:
(a)
The annual review of the implementation of this
section and the recommendation of changes in these provisions where
necessary. At the request of the Community Housing Board, the Yorktown
Town Board may ask the County of Westchester to carry out the administrative
duties specified herein, or may engage other government or not-for-profit
agencies to perform such duties, and may authorize expenditures from
the Yorktown Affordable Housing Trust Fund to pay, if necessary, for
the performance of those duties.
[Amended 2-21-2023 by L.L. No. 1-2023]
(b)
The calculation of eligible incomes and resale
prices.
(c)
The certification of the eligibility of all
households applying for the purchase or rental of affordable housing
and the annual recertification of each applicant.
(d)
The maintenance of a list of eligible households
for each size and type of affordable housing.
(e)
The promulgation of such rules and regulations
necessary to implement the requirements, intent and purpose of this
section.
(f)
The authority to take any other actions necessary
to effectuate the purpose and intent of this section.
(g)
Making recommendations to the Town Board for expenditures from
the Affordable Housing Trust Fund.
(2)
A majority
of the members of the Yorktown Community Housing Board shall constitute
a quorum for the purposes of holding official meetings and voting
on business.
[Amended 4-19-1977 by 7-1977; 7-5-1994 by L.L. No. 21-1994]
Special permits for bus passenger shelters shall
be issued by the Planning Board in accordance with the following standards:
A.
A bus passenger shelter shall not exceed 200 square
feet and shall be no higher than seven feet at the eaves.
B.
A bus passenger shelter may be located in the street
right-of-way, subject to the approval of the appropriate authority
owning such right-of-way, provided that it is located at least 10
feet from the edge of the traveled way. A passenger shelter may be
located on private property, provided that one side runs along the
street line, if evidence of a right to use such land is presented
to the Planning Board. No shelter shall be located within 25 feet
of another building.
C.
Use of bus passenger shelters shall be limited to
a waiting place for bus passengers. No commercial activities or signs
of any kind shall be permitted, except if waived by the Planning Board
and further excepting that a small bulletin board may be maintained
for bus schedules.
D.
A performance bond may be required in an amount satisfactory
to the Planning Board, covering removal of the shelter in the event
that the bus franchise is terminated or that the bus route is changed
before a permit to erect a bus shelter is issued.
E.
The Planning Board may require the construction of
a suitable pavement in front of the passenger shelter to allow buses
to stop off the traveled way.
F.
The Planning Board may also require suitable landscaping.
A.
No camp shall be operated on a site less than 10 acres
in area, and there shall be no more than one camper for every 2,000
square feet of site area, with a maximum of 400 campers permitted
at any camp.
B.
Outdoor areas, including camping or picnic areas and
playground or sports areas, shall be located at least 125 feet from
all property lines. The Board of Appeals may require suitable fencing
for safety reasons or protection of adjoining property and landscaping
to control the emission of noise and light beyond the boundaries of
the campsite.
C.
There shall be provided on the site one off-street
parking space for each member of the camp staff and one space for
every five campers. Parking areas shall be at least 15 feet from side
and rear lot lines and 50 feet from the street line and shall be suitably
screened and permanently improved.
D.
There shall be no more than two permanent dwellings
in any camp, and each shall not be occupied by more than one family.
E.
Each structure in a camp which is intended for residence,
cooking or recreation purposes shall be equipped with toilets and
washbasins which drain into a municipal sanitary sewer or an approved
septic tank. There shall be at least one toilet and one washbasin
for each 15 campers, with separate facilities for male and female
campers.
F.
No buildings or structures shall be located closer
than 150 feet to any property line. Temporary structures may be permitted,
but shall not cover more than 5% of the site and shall not be more
than one story in height. Overnight accommodations for campers or
staff members shall be limited to one bed for every 5,000 square feet
of site area. Every building which is to be used for sleeping purposes
shall have at least 100 square feet of floor space for each bed, including
bedroom or dormitory, closets and bathrooms, but excluding all other
space.
G.
There shall be at least 3/4 of an acre of suitably
improved playground or sports area for every 100 campers or major
portion thereof, with a minimum area of three acres.
H.
No more than 15 persons shall be permitted in any
building not of fireproof or semifireproof construction.
I.
Permits shall be issued by the Board of Appeals for
a period not to exceed five years.
[Amended 10-7-1997 by L.L. No. 16-1997]
A.
NURSING HOME
RESIDENT or NURSING HOME RESIDENT
RESIDENT CARE UNIT or NURSING UNIT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
(Also referred to as a "residential health care facility"
or a "facility") a facility, institution or portion thereof subject
to Article 28 of the New York State Public Health Law[1] providing therein lodging for 24 or more consecutive hours
to three or more nursing home residents who are not related to the
operator by marriage or by blood within the third degree of consanguinity,
who need regular nursing services or other professional services,
but who shall not need the services of a general hospital.
An individual who has been admitted to and who resides in
a nursing home and who is entitled to receive care, treatment and
services therein.
A designated area, including a group of resident rooms with
adequate supporting rooms, areas, facilities, services and personnel
providing nursing care and management of residents which is planned,
organized, operated and maintained to function as a unit so as to
encourage the efficient delivery of resident services and effective
observation of and communication with residents.
[1]
Editor's Note: See § 2807-a et seq.
of the Public Health Law.
B.
The Town Board may permit the construction and/or
operation of a nursing home under the following standards:
(1)
The minimum lot size shall be two acres.
(2)
The allowable density shall be not greater than:
(a)
Twenty-one beds per acre where public water
and public sewers are available.
[Amended 5-16-2000 by L.L. No. 9-2000]
(b)
The Board may limit the number of beds below
15 beds per acre where public utilities are not available. In this
event the applicant must show the appropriate Westchester County Health
Department approved plans for waste disposal for the number of beds
proposed.
(3)
The maximum building height shall be no greater than
three stories and/or 35 feet, and buildings shall covet not more than
16% of the lot area.
(4)
Required setbacks.
(a)
Front yard shall be two times the district requirement.
(b)
Side yards (each) shall be the required front
yard setback of the district.
(c)
Rear yard shall be two times the district requirement.
(d)
Additional buffering area, including landscaping,
may be required depending upon site conditions.
(5)
Required parking. The plan should show three parking
spaces per four patients. Such parking spaces shall be located in
the side or rear yard but no closer than 25 feet to any property line.
The Board shall require suitable landscaping and fencing of the parking
area to protect surrounding residences. The Board may vary the number
of required spaces and may review approved parking hereunder to require
additional parking if deemed necessary. The applicant shall show the
additional area reserved for future spaces as may be directed by the
Board.
(6)
Loading spaces shall be required on the basis of one
per 40 beds or portion thereof. Maximum floor area ratio, defined
as the total floor area of the building divided by the total site
area, shall not exceed 0.5.
C.
Additional regulations.
(1)
Allowable signs. One sign not exceeding four square
feet in area, not flashing and not lighted by exposed tubes, bulbs
or other exposed sources, announcing the name of the convalescent
or nursing home may be permitted facing each public street.
(2)
Building or buildings may be occupied only by patients,
staff members, family of the owner or of one staff member or, alternatively,
one custodial dwelling unit.
(3)
Building construction shall conform to applicable
building codes. Required fire escapes, if any, shall be located only
on the side or rear of the building. The Board shall require written
approval from the State and/or County Health Department, appropriate
fire department or any other applicable agency prior to approval.
(4)
Patients admission policy and practices shall not
be restricted, other than as required by state regulation and law.
(5)
A site plan, including an appropriate landscaping
plan, shall be approved by the Planning Board after public hearing
and after recommendation of the Town Board.
D.
The Town Board shall not issue a special permit unless
it makes a finding that the proposed development is properly related
to the major street pattern of the Town, and such development is in
harmony with the surrounding area as shown on the Town Development
Plan.[2]
[2]
Editor's Note: The Plan is on file in the
Town offices.
A.
The property shall consist of not less than 20 acres
of land in a single tract or parcel not divided by any street, right-of-way
or by property belonging to any other owner.
B.
The nearest points of the theater screen and projection
booth shall be at least 800 feet from the boundary of a district zoned
for residential use. This condition may be modified by the Board of
Appeals in its approval of the theater site plan, as provided below,
where topographical considerations make the requirements excessive,
but in no case shall this distance be less than 500 feet.
C.
Acceleration and deceleration lanes shall be provided
along the street or highway adjacent to the entrance and exits of
the theater. Car standing space for patrons awaiting admission shall
be provided on the site in an amount equal to not less than 30% of
the vehicular capacity of the theater.
D.
In general, vehicular circulation shall be so designed
and constructed as to permit only one-way traffic within the boundaries
of the tract on which the theater is located. Emergency exits shall
be provided and shall meet the approval of the local Fire Department.
E.
The screen shall be faced away from and obscured from
adjacent streets or highways, and said screen shall be set back not
less than 200 feet from the established right-of-way of any highway.
This distance may be modified by the Board of Appeals in its approval
of the theater site plan as provided below, but in no case shall the
setback be less than 75 feet.
F.
Any lights used to illuminate the theater site shall
be so arranged as to reflect the light away from adjoining property
and streets. No unshaded light sources shall be permitted. Necessary
safety lighting of roads and buildings and lighting required by governmental
regulations shall be permitted.
G.
The theater site shall be graded, surfaced, drained
and suitably maintained to the extent necessary to avoid nuisances
of dust, erosion or excessive water flow across public ways or adjacent
lands.
H.
A landscaped buffer strip at least 100 feet in width
shall be provided around all sides of the theater site adjacent to
a district zoned for residential use which shall consist primarily
of planting of the evergreen variety. Said planting shall be sufficient
to screen all elements of the theater site, with the exception of
the screen, from surrounding properties and to prevent the emission
of light from the site. The character of such landscaping shall be
specified in detail when a site plan is approved, as required below.
A landscaped strip at least 15 feet in width shall be provided around
the sides of the theater site adjacent to districts zoned for business
or industrial use.
I.
No central loudspeaker system shall be permitted as
part of the theater operation. Sound shall be transmitted by means
of individual speakers mounted adjacent to the automobile parking
stalls.
J.
One sign announcing the theater's name and programs
shall be permitted on the theater site, either attached to the screen
structure or freestanding. Such announcement sign may be illuminated
but shall not be of a flashing type, shall be set back from any public
right-of-way at least 50 feet, shall be at least 100 feet from the
boundary of any district zoned for residential use and shall be limited
in size to 250 square feet. Such sign shall not be used to announce
the sale of goods on the premises, nor shall any billboard or other
advertising signs of any type be permitted on the theater site.
K.
Before the issuance of any building permit, a detailed
plan for the proposed development of a site for a drive-in theater
shall be submitted to and approved by the Board of Appeals. The plan
shall show, among other things, the location of all structures, parking
areas, traffic access and circulation drives, open space, landscaping,
topography, special features and any other pertinent information,
including such information about the neighboring properties that may
be necessary to determine and provide for the enforcement of this
chapter. The Board of Appeals may require the plan to provide for
suitable markings to indicate individual parking spaces, maneuvering
area, entrances and exits. No development shall be carried out except
in conformity with such approved site plan.
A.
The storage of material, equipment or fuels may be
permitted, except that the Board of Appeals shall require suitable
landscaping, screening and fencing, and where practical, the Board
may also require that storage be located within buildings or open
sheds.
B.
The Board of Appeals may require conformance to any
standards recommended by the Fire Department concerned. In no case
shall the storage of any combustible materials be permitted within
25 feet of a property line.
C.
The Board of Appeals may also require conformance
to other standards in order to prevent a nuisance to neighboring properties
by reason of dust or odor or any other reason.
D.
Outside storage shall be limited to those specific
locations approved by the Board.
A.
A farm, farm use or customary farm occupation shall
be permitted only as defined in this chapter and as limited thereby
but shall include the incidental raising of horses, cattle, sheep,
hogs and poultry.
B.
No building or structure used for any of the above
purposes shall be erected on a lot of less than five acres in area
nor closer than 100 feet to any property line. No buildings, pens
or runs for hogs or chickens shall be permitted within 150 feet of
any property line.
C.
The total floor area of all buildings used for such
purposes shall not exceed 5% of the lot area. No single building shall
have a total floor area in excess of 5,000 square feet or a horizontal
dimension greater than 100 feet, except that these dimensions may
be increased to 10,000 square feet and 200 feet if the building is
set back at least 200 feet from all property lines. Buildings shall
be erected at least 30 feet apart.
D.
No cold storage plant may use more than 20 horsepower,
nor may more than 50% of the floor area of such plant be used by persons
other than the farm owner or resident of the premises.
E.
The Zoning Board of Appeals shall determine that all
buildings are located so as to be harmonious with the topography.
The Board shall require suitable fencing and may require landscaping
and screening.
F.
No storage of manure or other odor- or dust-producing
substance shall be permitted within 200 feet of any property line.
G.
No sign other than one facing each public street,
announcing the name of the farm and having a total sign area of no
more than six square feet, shall be permitted.
H.
The provisions of this section shall not apply to,
and no special permit shall be required for, the operation of a private
noncommercial garden in which produce is raised for personal use only
and none of which is offered for sale.
[Amended 5-3-1994 by L.L. No. 15-1994]
A.
General regulations.
(1)
Use of a gasoline filling station shall be limited
to the retail sale of motor fuels, lubricants and other motor vehicle
supplies and parts, repair and service activities, excluding body
and fender work, and the accessory parking and storage of motor vehicles
as hereinafter limited.
(2)
Convenience stores shall be permitted within a gasoline
filling station as prescribed herein. Automated car wash facilities
and truck rentals shall be permitted as prescribed herein.
(3)
All repair and service work, other than emergency
service, and except for the sale provision or installation of fuels
and lubricants, air fluids and minor accessories which can be installed
without noise heard off the premises, shall be conducted entirely
within a building and shall be performed only between the hours of
7:00 a.m. and 10:00 p.m.
(4)
The use of a gasoline filling station for the sale
of new or used motor vehicles shall not be permitted. Truck rentals
shall be permitted as prescribed herein. There shall be no car rentals.
There shall be no residence or sleeping quarters maintained in a gasoline
filling station.
B.
Location.
(1)
A gasoline filling station site shall be located at
least 300 feet from any building or place of public assembly, such
as a church, hospital, library, school, community house, playground
or theater; provided, however, that this standard shall pot apply
to sites where a gasoline filling station is in existence at the effective
date of this section or to gasoline filling stations that are established
prior to any such place of assembly.
(2)
There shall be not more than two gasoline filling
stations every 1,000 feet on any street, except that the Town Board
may permit additional gasoline stations where it is shown that more
are needed in the public interest. Existing stations shall not be
considered nonconforming by reason of the distance requirement of
this subsection.
C.
The minimum lot size of a gasoline filling station
In a C-3, C-3A and C-4 Zone, with or without a convenience store,
shall be 20,000 square feet. The minimum lot size of a gasoline filling
station combined with an automated car wash shall be 40,000 square
feet.
D.
The site of a gasoline filling station shall have
frontage of at least 100 feet on a public street and shall have a
depth of at least 100 feet.
E.
There shall be no more than two driveways from a single
road. Driveways shall not be more than 35 feet wide and no less than
20 feet wide at the curbline. Driveways shall be a minimum of 30 feet
apart at the curbline and shall be a minimum of 30 feet from any intersection.
Driveways shall also be a minimum of five feet from the side lot line.
All driveways, as well as parking and standing areas, shall be permanently
improved with a paved surface.
F.
Maximum coverage of all buildings and structures shall
be that of the underlying zone. Canopies shall be included in coverage
requirements.
G.
Setbacks.
(1)
Generally, buildings and structures shall be set back
at least 30 feet from the street right-of-way, 10 feet from each side
line and 30 feet from the rear lot lines, unless larger yards are
specified in the schedule of regulations.[1] The roof edge or eaves of a canopy shall be set back at
least 20 feet from the street right-of-way, 20 feet from the rear
lot lines and 10 feet from each side line. Corner lots shall have
a side yard on the side street equal to the front yard required in
this section and may be modified as hereinafter provided.
(2)
Where a gasoline filling station is located on a lot
abutting a residential district, all buildings and structures, including
canopies, shall be set back at least 50 feet from the side and rear
lot line of a contiguous lot in a residential district. Additionally,
where a gasoline filling station abuts a residential district, there
shall exist a sufficiently landscaped area at least 10 feet wide or
a six-foot high stockade type wooden fence, with the finished side
facing the residential district, combined with a three-foot to five-foot
wide landscaped strip along the full length of the fence between the
finished side of the fence and property line. Said fencing shall not
be located within the required minimum front yard.
(3)
In all zones, the first five feet of the front yard
setback shall be landscaped along the entire frontage of the lot as
prescribed by the Town Board.
(4)
The Town Board may modify any setbacks, height and
size requirements for car washes and distance requirements to better
locate a proposed building or structure, including canopies, within
the existing or planned streetscape and harmonize the same with the
character of the surrounding community or to facilitate the needs
of the handicapped.
H.
For proposed gasoline filling stations, fuel pumps
shall be set back at least 25 feet from the street right-of-way. Such
fuel pumps shall also be set back at least 15 feet from any buildings.
The distance between sets of pumps shall be at least 25 feet. If fuel
pumps run perpendicular to the street, these setbacks shall be modified
by the Town Board. For existing gasoline filling stations where an
applicant seeks to alter the pump island location, but not replace
the existing main building, the Town Board may allow fuel pumps to
be up to 12 feet from a building and the distance between sets of
pumps to be 18 feet, provided that the applicant can show the reduced
distance affords ample space for vehicle and pedestrian movement.
I.
There shall not be more than two fuel pumps for each
3,000 square feet of lot area. Underground storage tanks for gasoline
or other motor vehicle fuels shall fully comply with New York State
Department of Environmental conservation (DEC) regulations, the State
Uniform Fire Prevention and Building Code Requirements and all other
applicable New York state and federal laws. Unless otherwise regulated
by the DEC or other applicable state or federal laws, the distance
from the storage tanks to any buildings or to lot lines, shall be
as follows:
(1)
The distance from any part of a tank storing Class
1 liquids to the nearest wall of any basement or pit shall not be
less than one foot and to any property that can be built upon not
less than three feet.
(2)
The distance from any part of any tank storing Class
2 or Class 3 liquids to the nearest wall of any basement, pit or property
line shall be not less than one foot.
J.
Canopies.
(1)
Canopies shall provide 15 feet of ground clearance
above grade. No canopy shall exceed three feet in thickness. Accordingly,
the maximum height for a canopy shall not exceed 18 feet. Canopies
shall not become nonconforming by reason of resurfacing of pavement
of six inches or less.
(2)
A canopy roof edge or eaves shall be set back at least
10 feet from the street right-of-way.
(3)
A canopy shall not overhang pumps more than 15 feet.
Canopies shall be counted toward lot coverage. In considering a proposed
canopy, the Town Board shall consider its visual impact on the character
of a surrounding community. The Town Board may deny a canopy where
it will adversely impact the aesthetic quality and character of the
surrounding community. In making such determination, the Town Board
shall consider the aesthetic compatibility of the proposed canopy
with adjacent properties and the surrounding streetscape.
K.
Parking spaces.
(1)
Where service bays are located, there shall be a minimum
of two parking spaces for each service bay. Where a convenience store
is located, there shall be a minimum of five parking spaces per 1,000
square feet of gross floor area of convenience store. Where a car
wash is located, the Town Board shall require adequate on-site circulation
and space for vehicle stacking associated with the car wash. This
shall include a stacking area for persons attending to washed cars.
The circulation plan shall assure that vehicles do not stack onto
the street right-of-way.
(2)
In the event that there is no convenience store, then
in addition to the above-mentioned parking requirements, there shall
be one parking space per two employees.
(3)
Spaces at pump islands shall not be considered toward
parking or stacking requirements.
L.
Storage of vehicles; rental trucks.
(1)
No more than one motor vehicle, including rental trucks,
for every 1,000 square feet of lot area shall be stored outside at
any time. The outdoor storage of partially dismantled or wrecked motor
vehicles shall be adequately screened so as to obstruct their view
from adjacent properties and roadways.
(2)
Rental trucks shall be parked in rear yards only,
unless otherwise required by the Town Board. Rental trucks shall not
be parked within 15 feet of any property line.
(3)
The Town Board shall specifically designate on the
site plan any areas to be used for parking or storage of vehicles,
including vehicles awaiting repairs.
(4)
The Town Board may further limit the amount of overnight
storage or parking of vehicles, including rental trucks, and may require
suitable fencing, vegetative buffer and/or other additional suitable
screening.
M.
The maximum permitted height of a luminaire shall
be 20 feet. A luminaire shall have a total cutoff of light at an angle
of 45º from vertical or greater with a maximum permitted illumination
at the property line of one footcandle at ground level. There shall
be no external lighting on the fascia of a canopy; all canopy lights
shall be directed downward.
N.
Signs.
[Amended 5-18-1999 by L.L. No. 7-1999]
(2)
A gasoline filling station canopy may have signage
on no more than two sides. Canopy signs shall be limited to an aggregate
of 30 square feet in area. The maximum height of the top of a freestanding
sign shall be 16 feet. The maximum area for each such sign shall be
30 square feet for each sign face, with a maximum aggregate area of
60 square feet for all identifying signs.
(3)
Fuel pricing signs shall be permitted on each fuel
pump installation as required by law and should be large enough type
as to be visible from the adjacent street. One additional fuel pricing
sign shall be permitted and shall be placed on the single permitted
freestanding sign or on the station canopy, but may not be the sole
copy on any freestanding sign.
(4)
Signs required by licensing authorities or those displayed
indicating an official New York State inspection station shall also
be permitted.
(5)
In addition to the signage permitted in Subsection N(1) through (4) above, a gasoline station shall also be permitted to display signs for merchandise, fuel or service promotions, but the aggregate of all such signs displayed at any one time shall not exceed 10 square feet in area. All such signs shall be either of a permanent construction or, if of a temporary nature, must be installed in a permanently mounted frame, and all such signs must be mounted on the main building. Outside displays or storage of merchandise, if advertising copy on this merchandise or container is visible to passersby, shall be counted as sign area.
(a)
Illuminated signs comprised of an electronic visual output device such as a monitor or visual display which is incorporated into a fuel pump for the purpose of delivering commercial advertising, news, or general information are permitted as provided in Article XX, Signs.
[Added 4-19-2022 by L.L. No. 4-2022]
(6)
Other than the signs specifically permitted by the
foregoing subsections of this section, no other signs shall be permitted
in gasoline stations.
O.
There shall be no outdoor display of motor vehicle
accessories except tires, of which a number not to exceed 20 may be
displayed on one rack, designed therefor, immediately adjacent to
the gasoline filling station building and also except for lubricants,
windshield wiper fluid and similar products which may be displayed
in an outdoor display. There shall be no dumping of waste materials,
such as grease or oil, except in a closed, underground receptacle
at a place and of a design approved by the Town Board. Debris, trash
and discarded parts and containers shall be deposited in receptacles
maintained therefor.
P.
A permanent permit shall be issued by the Town Board,
subject to maintenance of the standards and conditions set forth therein,
as well as those in any restrictive covenants placed on the project
site. However, the Town Board may suspend or revoke after notice and
public hearing such permit for failure to comply with the standards
and conditions contained therein.
Q.
The Town Board may, for good cause shown, vary the
requirements above, including the sign limitations. Furthermore, maximum
height limitations for canopies may be waived and peaks may be permitted
on canopies, if approved by the Town Board.
[Added 5-20-1997 by L.L. No. 5-1997]
A.
A gatehouse, guesthouse, caretaker's cottage or similar
use shall be permitted only as an accessory use to a permitted principal
residential use and shall be located on the same site therewith.
B.
No gatehouse, guesthouse, caretaker's cottage or similar
use shall be located on a site less than two acres in area. Such use
shall be located on the site, with respect to site boundaries and
other buildings, in such manner that a lot surrounding it could be
subdivided from the site and conform to all the regulations for the
district in which it is located, with the exception of the requirement
of frontage on an improved street. The Board of Appeals shall find,
when frontage is not to be provided, that the proposed building is
so located on the site that there is a feasible location for a roadbed
over which a road could be built to provide this required frontage.
C.
Occupancy of a gatehouse, guesthouse, caretaker's
cottage or similar use which does not have the required frontage on
an improved street shall be limited to bona fide guests or employees
of the residents of the principal dwelling. Such a gatehouse, guesthouse,
caretaker's cottage or similar use shall not subsequently be sold
or rented as a principal dwelling unless the required frontage is
provided.
D.
A gatehouse, guesthouse, caretaker's cottage or similar
use shall be designed, constructed and used only as a single-family
dwelling, subject to all appropriate regulations. Customary accessory
buildings shall also be permitted.
E.
Gatehouses, guesthouses, caretaker's cottages or similar
structures existing at the time of the adoption of this chapter which
do not conform to the above standards may be used for occupancy by
bona fide guests or employees of the residents of the principal dwelling
or rented as a one-family dwelling, provided that such a gatehouse,
guesthouse, caretaker's cottage or similar use shall not subsequently
be sold as a principal dwelling unless all the standards above are
met.
F.
Notwithstanding the above standards, a gatehouse in
which there are no living quarters and no kitchen facilities and which
does not exceed 300 square feet in total floor area may be permitted
by the Board of Appeals as an accessory use on a residential lot at
least two acres in area. Such a gatehouse shall be subject to regulations
applicable to accessory buildings, except that it may be permitted
in the front yard, but at least 10 feet from the street line.
A.
A golf driving range or miniature golf course shall
be so laid out that there is no danger to surrounding properties or
to traffic on the public streets. The Board of Appeals shall require
suitable fencing as an additional precaution.
B.
One off-street parking space shall be provided for
each golf driving tee or hole, plus five spaces for visitor and employee
parking.
C.
The Board of Appeals may also permit accessory uses
to golf driving ranges, such as baseball batting, archery or basketball
shooting, provided that it shall find such uses would not be detrimental
to the area or create unusual traffic conditions. One additional off-street
parking space shall be provided for every two persons using these
accessory facilities, based on the maximum number of players which
can use each facility at one time.
D.
Any lights used to illuminate the site shall be so
arranged as to reflect the light away from adjoining streets and from
property located within residence districts. The Board of Appeals
may also require suitable landscaping and screening.
E.
Permits shall be issued by the Board of Appeals for
five-year periods.
[Amended 12-9-1980 by L.L. No. 5-1980]
A.
Permit approval by the Town Board shall be required
for a hospital, as defined in this chapter, and customary accessory
buildings, which shall be set back from all property lines at least
200 feet. The maximum total coverage of a lot by all buildings shall
not exceed 20%, and the area of the lot shall be at least 10 acres.
B.
Notwithstanding the height limitations of the Schedule
of Regulations, a building may be constructed to a height of three
stories or 45 feet, but no building exceeding this height shall be
permitted unless approved by the Town Board.[1]
C.
Dormitories or dwellings permitted as accessory buildings
shall be set back at least 100 feet from all property lines, and the
height limitations shall be 2 1/2 stories or 35 feet. Use of
such dormitories or dwellings shall be limited exclusively to nurses
or other members of the hospital staff, and a dormitory or dwelling
shall not subsequently be sold or rented for use of private residences
or for any other legal use unless the building and any required lot
surrounding it shall meet all regulations of the district in which
it is located.
D.
The distance between buildings shall be at least twice
the height of the taller building.
E.
One off-street parking space shall be provided for
each hospital bed. Parking areas shall be located at least 50 feet
from all property lines and shall be suitably screened and permanently
improved. A parking plan showing appropriate landscaping shall be
submitted which shall be referred to the Planning Board for its review
and recommendations prior to the issuance of any permit.
F.
The maximum number of beds allowed on any one site
shall be 150 feet.
G.
One sign not exceeding 20 square feet in area, not
flashing and not lighted by exposed tubes, bulbs or other exposed
light sources, announcing the name of the hospital, may be permitted
facing each public street.
H.
A hospital or sanitarium for patients suffering from
contagious disease, tuberculosis or mental disease may be permitted,
provided that all buildings are located at least 500 feet from all
property lines and all other applicable standards are met.
I.
The Town Board may require suitable fencing, landscaping
and screening.
A.
No junkyard shall be permitted on a lot smaller than
one acre nor larger than five acres.
B.
A junkyard shall be entirely surrounded by a fence
at least seven feet high but no higher than 10 feet. The fence shall
be of a type approved by the Board of Appeals to prevent any nuisance
to surrounding property. The fence shall be set back at least 50 feet
from all streets and at least 25 feet from all other property lines,
except that the fence shall be located at least 100 feet from the
boundary of any residence district.
C.
The yards between the fence and the boundaries of
the lot shall be used only for landscaping and for driveways located
at places designated by the Board of Appeals. Landscaping shall be
provided around all sides of the junkyard, shall be specifically approved
by the Board of Appeals, shall be sufficient to screen the junkyard
and fence from surrounding properties and shall consist primarily
of planting of the evergreen variety.
D.
The Board of Appeals shall not approve any site for
use as a junkyard if the topography of the surrounding property is
such that land in a residence district, within 300 feet of the junkyard
site, has an elevation higher than any point on the junkyard site.
E.
Use of a junkyard shall be limited to the storage
of materials for salvage purposes, not including unbaled paper or
rags or any other materials which would be a nuisance because of dust,
odor or fire hazard. Use of a junkyard for the dumping of garbage
or refuse shall not be permitted. Burning of any materials shall not
be permitted.
F.
The height of materials stored within the fenced area
shall not be greater than one foot less than the height of the fence.
G.
No residential use shall be permitted on a site used
for a junkyard.
H.
Only one sign shall be permitted facing each public
street. Signs shall be located in the front yard, shall be no larger
than 20 square feet in area and shall be no higher than seven feet.
I.
Permits shall be issued by the Board of Appeals for
five-year periods.
A.
Existing residential buildings which, because of their
size, age, design or location, are no longer desirable or practical
for residential use, may be used for limited office purposes, subject
to the conditions in the following subsections.
B.
There shall be no change in the exterior of the building,
except for an extension or alteration made in accordance with plans
approved by the Board of Appeals, which is the same or of harmonious
architectural style and appearance. Such alteration or extension shall
be limited to an increase of the existing floor area by no more than
25%.
C.
Only an office use of a business or professional type
or laboratories devoted to experimentation or research shall be permitted.
This shall not include any office use, such as medical or banking,
which involves regular visits by the general public. No storage of
materials for sale and no manufacturing or servicing of any type shall
be permitted. The regular activities of such offices or laboratories
shall be conducted entirely within the building. The Board of Appeals
may limit the hours of operation.
[Amended 10-18-2005 by L.L. No. 14-2005]
D.
The total number of persons employed in or regularly
using such offices or laboratories shall be limited to one for every
200 square feet of gross usable floor area of the structure, with
a maximum of 50 persons, but the Board may further restrict occupancy
to prevent traffic nuisance or congestion on the abutting streets
or nuisance to adjoining uses.
[Amended 10-18-2005 by L.L. No. 14-2005]
E.
The site or lot of a house to be used for such purposes
shall be located on a major arterial highway and conform to the minimum
required lot size for the zone in which it is situated. The site
or lot shall have frontage conforming to the requirements of the zone
in which it is situated, on a public street of a design and condition
adequate to handle the anticipated traffic flow safely and conveniently.
Access to any street shall be permitted only if the Board of Appeals
finds that any additional traffic created by the offices or laboratories
will not have a detrimental effect upon abutting residential properties.
[Amended 10-18-2005 by L.L. No. 14-2005]
F.
No house which does not meet the front, side and rear
yard requirements of the district in which it is located shall be
used for such purposes. Front, side and rear yards for any alterations
or extensions shall be at least twice the required minimums.
[Amended 10-18-2005 by L.L. No. 14-2005]
G.
Off-street parking spaces shall be provided to accommodate
all persons employed in or regularly using the offices or laboratories,
and there shall be at least one off-street parking space for each
two such persons. The parking area shall be permanently improved,
shall be located at least 100 feet from all street lines and at least
50 feet from all other property lines and shall be completely screened
from neighboring properties and from the street by fencing and landscaping.
H.
Outdoor recreation areas for use by only the employees
of the offices or laboratories may be permitted by the Board of Appeals,
provided that such recreation areas are located at least 100 feet
from all property lines, and provided that the Board shall find that
such areas would not be a nuisance to surrounding properties. Fencing
and landscaping of recreation areas shall be required where the Board
of Appeals deems desirable.
I.
Residence for no more than one family shall be permitted
in any house used for office or laboratory purposes. No other building
on the site shall be used for residence purposes, unless such building
meets all the regulations of the residence district in which located,
including minimum lot area and frontage on a public street.
J.
The construction of the house to be used for such
purposes, including its degree of fire resistance, shall meet all
requirements of the New York State Uniform Fire Prevention and Building
Code for places of business or public assembly. Sanitary facilities
shall meet the approval of the County Health Department, and occupancy
shall be limited to the number of persons designated as allowable
by that Department if less than permitted under other provisions of
this section.
K.
Exterior spotlighting or other illumination shall
be so installed as to prevent any nuisance to adjacent residential
districts or to traffic on public highways. No unshaded light sources
shall be permitted. Necessary safety lighting of roads and buildings
and lighting required by governmental regulation shall be permitted.
[Amended 5-18-1999 by L.L. No. 7-1999]
L.
The Board of Appeals shall require additional fencing
and landscaping and attach such other conditions and safeguards as
may be considered necessary to protect surrounding residential properties
and to ensure continued compliance with all applicable regulations.
The grounds and the exterior of buildings shall be kept and maintained
in conformity with the best standards of good residential property.
M.
No use which would be noxious or offensive to surrounding
properties because of odor, dust, smoke, gas, vibration, flashing
or excessive light or noise shall be permitted. No use shall be permitted
from which there would be a harmful discharge of waste materials or
which would constitute a menace to surrounding properties by reason
of fire, explosive or other physical hazard.
[Amended 1-7-1986 by L.L. No. 3-1986]
All site, building and parking standards shall be the same as provided in Article XV, §§ 300-153 through 300-155A and § 300-158, inclusive, provided that:
B.
For the purpose of the special permit only, building and structure setbacks, as found in § 300-154A(6)(a) shall be 150 feet, rather than 100 feet.
C.
Boutique
hotel means a small luxury hotel that has not more than 25 rooms,
offering enhanced level of services with unique accommodations.
[Added 9-21-2022 by L.L.
No. 8-2022]
D.
Boutique
hotels shall be allowed, subject to the following conditions:
[Added 9-21-2022 by L.L.
No. 8-2022]
(1)
The
total number of rooms shall not exceed 25.
(2)
The
maximum length of stay for any guest shall be 15 nights.
(3)
Cooking
facilities, common dining rooms, and lounge facilities shall be permitted
to accommodate guests and/or the general public.
(4)
Customary
accessory hotel facilities such as a swimming pool, fitness room,
business lounge, retail (no more than 350 square feet), and breakfast
room for exclusive use by the hotel guests are permitted.
(5)
Parking
requirements: 1.1 parking space per overnight guest room, two of which
shall be for handicap use; in addition, should the facility contain
dining/lounge areas open to non-guests, one space per 250 square feet
of patron areas. Parking requirements may be varied, i.e., reduced
upon a showing of available off-street parking in the vicinity of
the facility or by evidence of a binding valet service off site.
(6)
Food
service/restaurant: Boutique hotels use may include a separate food/restaurant
service catering to non-hotel guests,. i.e., the general public. Meetings
and gatherings: Including but not limited to conferences, luncheons,
banquets, parties, weddings, meetings, charitable fundraising, commercial
or advertising activities, or other gatherings for direct or indirect
compensation are permitted.
E.
Boutique
hotels shall be permitted by the Planning Board only as defined in
this chapter, and such uses shall comply with all applicable laws.
[Added 9-21-2022 by L.L.
No. 8-2022]
[Amended 2-15-1983 by L.L. No. 2-1983; 7-19-1988 by L.L. No. 28-1988; 9-18-1990 by L.L. No. 17-1990; 2-7-1995 by L.L. No. 2-1995]
A.
Intent. It is the intent of this section to provide
adequate day-care facilities for the residents of the Town of Yorktown.
The Town Board recognizes the urgent need for child day-care facilities
within the Town. However, the pressing need for child day-care shall
not supersede the requirements to provide child day-care in a manner
that adequately protects the health, safety and welfare of the children
to be served, the parents of the children served and the neighborhood
in which a child day-care facility will operate.
B.
DAY-CARE CENTER
FAMILY DAY-CARE HOME
GROUP FAMILY DAY-CARE HOME
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A program or facility licensed by the New York State Department
of Social Services in which child day-care is provided on a regular
basis to more than six children for more than three hours but fewer
than 24 hours a day per child, in a facility other than the child's
home. "Day-care center" shall not refer to a day camp, an after school
program operated for the primary purpose of religious education, sports
lessons or recreation or a facility operated by a public school district.
A program registered by the New York State Department of
Social Services which is a personal and occupied family residence,
in which child day-care is provided on a regular basis for more than
three hours but fewer than 24 hours per day per child for at least
two but not more than six children.
A program licensed by the New York State Department of Social
Services, which is a personal occupied family residence, in which
child day-care is provided on a regular basis for more than three
hours but fewer than 24 hours per day per child for at least four
children but no more than 12 children. A "group family day-care home"
may also provide day-care services to two additional children if such
additional children are of school age and such children receive services
only before or after school hours. Such homes must be operated by
a provider and have at least one assistant present during the hours
that care is provided.
C.
Special permits in residentially zoned R-1 and R-2
Districts.
(1)
Permits required. No person, place, association, institution
or agency shall operate or provide a day-care center without a permit
from the Zoning Board of Appeals. Each applicant for a permit under
this section must show proof of licensing by the New York State Department
of Social Services and full compliance with the requirements thereunder.
For those child day-care facilities not yet in operation, demonstration
of conceptual compliance is required to assist the approving Board
in its review.
(2)
Documentation required. Each application for a special
permit shall include:
(a)
An exterior site plan, including outdoor recreational
space, parking areas, drop-off/pick-up areas and procedures, emergency
equipment/vehicle access, signage and abutting property uses.
[Amended 5-18-1999 by L.L. No. 7-1999]
(b)
An interior floor plan, including planned occupancies
or uses of all interior areas, with dimensions, entrances/exits, toilets,
stairwells, fire/smoke detectors, sprinkler systems, etc.
(c)
Reports from the Building Department, the Fire
Marshal, the Health Department and the Planning Department. Such reports
shall be made pursuant to referrals from the Zoning Board of Appeals
to such respective departments, with the exception of the Health Department.
(d)
A certificate of insurance evidencing a current
effective personal injury liability policy covering the use and operation
of the premises as a day-care center. Such policy shall have a minimum
policy limit of $100,000 per occurrence with an aggregate limit of
$300,000 for family day-care homes and group family day-care home;
and a limit of $300,000 per occurrence with an aggregated limit of
$500,000 for a day-care center. Such policies shall be in effect when
the center is opened.
(e)
A traffic study of the locale of the child day-care
center shall be completed. An application, including staffing, patterns,
number of children served, types and times of services, ages of children
and drop-off/pickup procedures, shall be completed.
(3)
Physical dimensional requirements.
(a)
Minimum lot size. There are no minimum lot size
requirements for family day-care homes, group family day-care homes
or child day-care centers, other than that required by the particular
zoning district in which the facility is to operate.
(b)
Minimum usable indoor area. The minimum usable
indoor area, excluding hallways, kitchens, bathrooms and office space,
shall be 35 square feet per child for each category of day-care center
defined herein and shall be consistent with the New York State Department
of Social Services day-care center licensing regulations.
(c)
Minimum outdoor recreation/play dimensions and
requirements.
[1]
Readily accessible outdoor play space which
is adequate for active play must be provided.
[2]
Such recreation/play area cannot be located
in the front yard and must be situated in either the rear or side
yard or a combination of the rear and side yard.
[3]
The recreation/play area shall be free from
any condition which is known to be hazardous or dangerous to the health
and safety of the children using the area.
[4]
The recreation/play area shall be properly fenced,
landscaped, buffered and/or screened as required by the Zoning Board
of Appeals to prevent adverse impacts to the surrounding properties.
Such screening shall not be required if the facility is located contiguous
to a permanent open space area.
(d)
Drop-off/pickup area.
[1]
Each day-care center must provide an off-street
drop-off/pickup area.
[2]
The drop-off/pickup area must be completely
separated and partitioned off from the on-site recreation/play area.
[3]
The drop-off/pickup area must provide direct
access to the facility.
[4]
For every child day-care center, such drop-off/pickup
area must provide one-way traffic flow onto and off the property and/or
a separate standing area.
(e)
Off-street parking. Adequate off-street parking
must be provided for staff of child care centers and children's transporters.
Such off-street parking may be on the premises and/or suitably situated
in a nearby location. Parking areas shall be suitably screened and
permanently paved.
(f)
Bathrooms. Each child day-care center must provide
one toilet and one basin per 15 children.
(g)
Heating; ventilation; lighting. Each day-care
center must provide for proper heating, ventilation and lighting for
the safe and adequate protection of the health of the children. Windows
must be properly screened to protect the children from insects.
(h)
Toxic substances. Each day-care center shall
keep all noxious, toxic and/or otherwise harmful equipment and/or
chemicals in a separate, locked storage area, an adequate and safe
distance from the usable areas inside and outside the facility.
(i)
Setbacks. Building setbacks shall conform to
the requirements of the district in which the facility is located.
D.
Family day-care homes, group family day-care homes
and child day-care centers in all zones except R-1 and R-2 Zones shall
be permitted in accordance with the approval of a site development
plan.
E.
The following standards apply for all child day-care
facilities in all zones other than R-1 and R-2 Zones:
(1)
Each applicant for a new permit under this section
must show proof of licensing by the New York State Department of Social
Services and full compliance with the requirements thereunder and
must demonstrate the capacity for full compliance with tile regulations
to the approving Board.
(2)
Documentation required. Each application for a special
permit shall include:
(a)
An exterior site plan, including outdoor recreational/play
space, parking areas, drop-off/pickup areas, emergency equipment/vehicle
access and abutting property uses.
(b)
An interior floor plan, including planned occupancies
or uses of all interior areas, with dimensions, entrances/exits, toilets,
stairwells, fire/smoke detectors, sprinkler systems, etc.
(c)
Reports from the Building Department, the Fire
Marshal, the Health Department and the Planning Department. Such reports
shall be made pursuant to referrals from the Zoning Board of Appeals
to such respective departments, with the exception of the Health Department.
Approvals shall be subject to the New York State Department of Social
Services Licensing Bureau.
(d)
A certificate of insurance evidencing a current
effective personal injury liability policy covering the use and operation
of the premises as a day-care facility. Such policy shall have a minimum
policy limit of $100,000 per occurrence with an aggregate limit of
$300,000 for family day-care and group family day-care homes; and
$300,000 per occurrence with an aggregate limit of $500,000 for a
child day-care center. For those child day-care facilities not yet
in operation, demonstration of arrangements for such insurance coverage
is required.
(e)
A traffic study of the locale of any child day-care
center must be completed and submitted with the application.
(3)
Physical dimensional requirements.
(a)
Lot area. There shall be no minimum lot area
requirement.
(b)
Minimum usable indoor area. The minimum usable
indoor area, excluding hallways, kitchen, bathrooms and office space,
shall be 35 square feet per child for each category of day-care facilities.
(c)
Recreational areas.
[1]
There must be provided readily accessible outdoor
play space. Such play space shall be free from any condition which
is known to be hazardous and/or dangerous to the health and safety
of children using the areas.
[2]
No minimum recreational play area is required
for day-care facilities in a commercial zone under this section.
(e)
Off-street parking. Off-street parking shall
be provided as per underlying zoning.
[Amended 4-4-2006 by L.L. No. 3-2006]
A.
The nonprofit use shall qualify as an organization
of persons incorporated pursuant to the provisions of the Membership
Corporation Law or the Benevolent Orders Law or as a religious institution
as defined or as an unincorporated, nonprofit membership association
which can produce evidence satisfactory to the Planning Board that
it was founded for the purposes enumerated below and shall be operated
solely for a recreational, social, patriotic, benevolent, educational,
charitable or athletic purpose, but not for pecuniary gain, and shall
not include a riding club. The nonprofit use shall not be used in
whole or in part for the conduct of any business or enterprise for
profit, but this shall not be construed as preventing the utilization
of a club for benefits or performances for a recognized charity, nor
for meetings of other organizations, nor for educational and cultural
purposes. Except for religious institutions, privileges of the nonprofit
use shall be limited to bona fide, regularly enrolled dues-paying
members and guests accompanying them.
B.
At least one off-street parking space shall be provided for every member, except that in the case of memberships issued to families, there shall be at least one off-street parking space for each family, with the further exception that clubs with a capacity which can be measured in number of seats shall provide one off-street parking space for every five seats. The Planning Board may reduce these parking requirements in any case where the maximum anticipated number of cars at a club, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than the requirements provided for, but not less than one space for each three memberships. Parking areas shall be located at least 25 feet away from all property lines. The Planning Board shall require suitable landscaping around parking areas, which shall be permanently improved. Access drives from existing streets and highways shall be located so as to avoid unsafe conditions and traffic congestion. The Planning Board may prohibit access to a nonprofit use from local residential streets. Off-street parking for religious institutions shall comply with §300-182.
C.
There shall be no more than one sign facing each public
street, announcing the name of the nonprofit use. Such sign shall
not exceed six square feet in area. The Planning Board may require
suitable fencing and landscaping and such other facilities as may
be needed to safeguard the peace, comfort and safety of the neighbors.
D.
A nonprofit use organized for purposes which are conducted
within a building shall be located on a site at least one acre in
area but no less than the minimum lot size of the district in which
located. All buildings shall be set back at least 75 feet from all
property lines and shall not cover more than 20% of the site for properties
under 20 acres. For properties over 20 acres, the maximum building
coverage will be 10%.
E.
A nonprofit use organized for purposes which are conducted
outdoors shall be located on a site at least two acres in area but
no less than the minimum lot size of the district in which located.
All buildings and all structures, such as swimming pools, shall be
set back at least 100 feet from all property lines and shall not cover
more than 10% of the site. The following standards shall also apply
to such nonprofit use:
(1)
All athletic or recreation areas and facilities, other
than golf courses, shall be located at least 50 feet from all property
lines, but the line from any tee to its green, for a distance of 200
yards from the tee, shall be at least 100 feet from all property lines.
(2)
Outdoor public-address systems may be permitted by
the Planning Board if it can be shown that no sound will carry beyond
the limits of the site of the nonprofit use.
F.
A dwelling unit may be located on the site for use
of the nonprofit use manager or religious leader or caretaker and
his or her family. Sleeping rooms or suites, without kitchen facilities,
shall be permitted for the overnight accommodation of members and
their guests, but there shall be no more than one such sleeping room
for each acre of site area.
G.
Single-family dwellings may be permitted on any site
at least two acres in area; provided, however, that each dwelling
shall be located on the site, with respect to site boundaries and
other buildings, in such a manner that a lot surrounding it could
be subdivided from the site and conform to all the regulations for
the district in which it is located.
H.
Any use of a structure or site which involves the
discharge of firearms, bow and arrow or any other dangerous weapons
shall be permitted only upon compliance with all applicable state
and local laws. The Planning Board shall establish such setbacks and
require installation of such facilities that, in its judgment and
on the advice of police authorities, are necessary to protect the
safety, peace and comfort of the public.
I.
Exterior lights (other than those needed for security)
shall not be on after 12:00 midnight, except during religious services.
A.
A parochial or private elementary, or any combination
thereof, or high school or college or seminary or any combination
thereof, shall be permitted, subject to the following standards, provided
that it is a school offering a comprehensive curriculum of study similar
to that of a public school. Customary accessory uses to schools or
colleges shall also be permitted.
[Amended 6-21-2016 by L.L. No. 13-2016]
B.
The site for any parochial or private elementary school
shall have an area of at least 10 acres, plus 1/2 acre for each 100
pupils or major portion thereof in excess of 300 pupils. Such site
shall have a frontage of at least 200 feet on a suitably improved
public street. No private or parochial elementary school shall be
designed, erected, altered or used for more than 700 students.
C.
The site for any parochial or private junior high
or high school shall have an area of at least 15 acres, plus one acre
for each 100 pupils or major portion thereof in excess of 250 pupils.
Such site shall have a frontage of at least 400 feet on a suitably
improved public street. No private or parochial junior high or high
school shall be designed, erected, altered or used for more than 1,500
students.
D.
The site for any parochial or private college or seminary
shall have an area of at least 25 acres, plus five acres for each
100 pupils or major portion thereof in excess of 400 pupils. Such
a site shall have a frontage of at least 500 feet on a suitably improved
public street. No private or parochial college shall be designed,
erected, altered or used for more than 2,500 pupils.
E.
Location of buildings.
(1)
All buildings shall be located at least 200 feet from
street lines and at least 100 feet from all other property lines.
Grandstands, gymnasiums, central heating plants and similar buildings
shall be set back at least 200 feet from all property lines. The distance
between buildings shall be at least twice the height of the taller
building. Total coverage of the site by all buildings shall be limited
to 20%. Dormitories and single-family dwellings shall be permitted
as accessory buildings, provided that the minimum area of the site
shall be increased by at least 1,000 square feet for each dormitory
bed and by at least the minimum lot area of the applicable zoning
district for each single-family dwelling. Use of such dormitories
or dwellings shall be limited exclusively to students, teachers or
other members of the staff of the school or college, and a dormitory
or dwelling shall not subsequently be sold or rented as a private
residence or for any other legal use unless the building and any required
lot surrounding it shall meet all regulations of the district in which
it is located.
(2)
Notwithstanding any other provision of this section, if the single-family dwellings referred to above are not placed upon an individual site or area conforming to the minimum lot area requirement of the applicable zoning district, the standards and procedures set forth in Article XXV, including but not limited to authorization from the Town Board and maximum density calculations, shall, in all respects, apply. This section expressly applies to any single-family dwellings which are proposed to be attached, semidetached or placed upon an individual site or area not conforming to the minimum lot area requirement of the applicable zoning district.
[Added 3-4-1986 by L.L. No. 9-1986]
F.
One off-street parking space shall be provided for
each teacher and other members of a school or college staff and, in
the case of colleges, one additional space for each five students.
For auditoriums, gymnasiums, grandstands and other gathering places,
one offstreet parking space shall be provided for each three
seats. The Planning Board may approve the design of the parking area
to serve more than one use, provided that such uses will require parking
facilities at different times. Parking areas shall be located at least
50 feet from all property lines and shall be permanently improved.
Access and interior drives on the school site shall be located so
as to prevent unnecessary traffic on local residential streets and
to avoid unsafe conditions and traffic congestion.
[Amended 6-21-2016 by L.L. No. 13-2016]
G.
Design and siting.
(1)
A school site shall contain suitably designed and
improved outdoor playground or playfield areas of the following size:
|
School
|
Minimum Playground Size
(acres)
|
Minimum Area of Playground per 100 Students
(acres)
|
|---|---|---|
|
Elementary
|
3
|
3/4
|
|
Junior, senior high
|
5
|
1.5
|
|
College
|
5
|
2
|
(2)
Such playgrounds or playfields shall be located no
closer than 100 feet to any property line.
H.
The Planning Board shall require suitable fencing,
landscaping and screening to prevent any nuisance to surrounding property,
to safeguard the peace, comfort and safety of the neighbors and to
protect the students attending the school.
[Amended 6-21-2016 by L.L. No. 13-2016]
I.
The Planning Board shall require conformance to all
local health and safety codes. The Board may reduce the minimum site
area requirements when a site is located immediately adjacent to permanently
open land, such as parkway or watershed lands, but to no less than
60% of such requirements.
[Amended 6-21-2016 by L.L. No. 13-2016]
A.
The Zoning Board of Appeals may permit the use of
a site, no smaller than two acres, for the maintenance of horses,
provided that the applicant demonstrates on a map of his property
and attests to the following should such permit be granted:
[Amended 9-21-1975]
(1)
A stable be provided.
(2)
No building housing dwelling units shall be used as
a stable.
(3)
The buildings in which horses are to be stabled shall
be of a sound weatherproof construction, well ventilated and drained.
(4)
No building used as a stable shall be closer than
30 feet to any property line nor less than 100 feet from any adjacent
property residence, whichever is further.
(5)
All exercise yards or pasture lands shall be fenced,
and such fenced areas shall be not less than 30 feet from any property
line or less than 100 feet from any adjacent property residence, whichever
is further. The Zoning Board of Appeals may waive or reduce the thirty-foot
requirement where it is determined that such waiver or reduction will
not adversely affect adjacent residences.
(6)
Stables shall be in a fenced area.
(7)
If manure is to be stored in a pile, such pile shall
not be closer than 200 feet from any property line. If such area is
not available, manure shall not be so stored on the site and must
be removed from the property at regularly established schedules.
(8)
The minimum size of exercise yard/pasture land shall
be 1/2 acre for each horse. The horse (or horses) must be generally
maintained within said fenced area.
(9)
Food for horses should be stored in rodent-proof containers.
(10)
Dude ranches shall not be permitted.
B.
The Board of Appeals may permit, as an accessory to
a residence use on a site at least one acre in area, a private dog
kennel for five or more dogs, but not including boarding or training
kennels operated for business purposes. Kennels shall be located in
the rear yard at least 75 feet from all property lines and shall be
suitably fenced and landscaped. Use of the kennel shall be limited
to one dog for every 5,000 square feet of lot area. No special permit
is required for keeping fewer than five dogs.
C.
The Planning
Board may permit noncommercial dog kennels on a site of at least seven
acres in the Planned Interchange District for the sole purpose of
raising dogs to be trained as guide dogs for the visually impaired
and not for sale, boarding, breeding, grooming, letting for hire or
any other purpose involving compensation, whether monetary or otherwise.
[Added 10-25-2022 by L.L.
No. 9-2022]
(1)
Noncommercial
dog kennels will be permitted to hold classes and training sessions
with future dog owners.
(2)
Veterinary
services shall be permitted on the property strictly for the care
of the dogs on site. These services will not be open to the public.
(3)
The
facility shall be operated so as to cause no disruption to neighboring
properties.
(4)
The
facility shall be soundproofed and shall provide the necessary and
proper screening to reduce noise and protect nearby properties from
any sound increases to the satisfaction of the Planning Board.
(5)
The
facility shall have the requisite parking, lodging and dropoff areas
suitable for all staff, volunteers and students on site.
A.
The Board of Appeals may permit the use of a site,
not less than 10,000 square feet in area, for use by a public utility
substation serving the local or regional area. The Board shall require
suitable fencing to protect the public and shall also require enough
landscaping and planting to effectively screen the substation from
surrounding property. All structures shall maintain the yard setbacks
of the district in which located, but in no case shall these setbacks
be less than 25 feet. The Board may increase these required setbacks
or attach other conditions in order to prevent noise nuisance to surrounding
property. Substations which would be a nuisance to surrounding property
because of smoke, gas, odor, heat or vibration shall not be permitted
in any residence district.
B.
The Board shall require provision for suitable off-street
parking space for maintenance, service or other vehicles.
C.
Minor structures, such as hydrants, telephone or light
poles, pole transmitters or transformers or similar equipment, shall
not be subject to these regulations.
D.
The provisions of this section shall apply to public
utility transmitting or relay stations or towers, provided that no
such station or tower shall be permitted on a site less than one acre
in area, and provided, further, that no site shall have a horizontal
dimension less than four times the height of the tower.
A.
The provisions of this section shall not apply to
telephone, electric light and power lines carrying fewer than 33,000
volts and usually located along public highways nor to local underground
conduits, cables, gas, sewer and water mains or pipes.
B.
It shall be clearly demonstrated that the establishment
of the particular use in the area is necessary for the operation of
the public utility system or required to supply utility service to
the local area.
C.
The location and construction of any transmission
line shall be such as not to endanger the public or surrounding property.
A right-of-way of sufficient width shall be required to permit the
safe construction and maintenance of the transmission line and to
prevent any hazard to surrounding property. On a one- or two-circuit
transmission line, the distance from the tower base to the nearest
boundary of the transmission line right-of-way shall be no less than
50 feet; on a three- or four-circuit transmission line, the distance
from the tower base to the nearest boundary of the transmission line
right-of-way shall be no less than 100 feet. The Board may require
suitable fencing or landscaping of a tower base when, in the opinion
of the Board, it is necessary to protect the public or conserve the
values of surrounding property.
D.
Gas booster stations or storage tanks shall not be
permitted.
[Amended 1-20-1998 by L.L. No. 4-1998]
A.
B.
ANTENNA ARRAY
COLLOCATION
HEIGHT
SUPPORT STRUCTURE
WIRELESS TELECOMMUNICATIONS
WIRELESS TELECOMMUNICATION FACILITY (WCF)
NIER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
One or more rods, panels, discs or similar devices used for
the transmission or reception of radio frequency signals, which may
include omnidirectional antenna (rod), directional antenna (panel)
and parabolic antenna (disc). The antenna array does not include the
support structure as defined below.
Use of a common support structure or common site by two or
more wireless license holders or by one wireless license holder for
more than one type of communications technology and/or placement of
a wireless telecommunication facility (WCF) on a structure owned or
operated by a utility or other public entity.
When referring to a WCF, the distance measured from ground
level to the highest point on the WCF, including the antenna array.
A structure designed and constructed specifically to support
an antenna array, and may include a monopole, self-supporting (lattice)
tower, guy-wire support tower and other similar structures. Any device
(attachment device) which is used to attach a WCF to an existing building
or structure (attachment structure) shall be excluded from the definition
of and regulations applicable to support structures.
Any personal wireless services as defined in the Telecommunications
Act of 1996, which includes Federal Communications Commission (FCC)
licensed commercial wireless telecommunications services including
cellular, personal communication services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging and
similar services that currently exist or that may in the future be
developed.
Any unstaffed facility for the transmission and/or reception
of wireless telecommunications services, usually consisting of an
antenna array, connection cables and an equipment facility, and may
include a support structure to achieve the necessary elevation.
Nonionizing electromagnetic radiation.
C.
Application.
(1)
No WCF shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with this section. No existing
structure shall be modified to serve as a WCF unless in conformity
with this section.
(2)
Wireless telecommunications facilities located on
property owned or leased by the Town of Yorktown shall be exempt from
the requirements of this section. Nothing herein shall be deemed to
create any right or entitlement to use Town property for a WCF; such
a use shall remain within the sole and absolute discretion of the
Town, which may impose such conditions on any such use as it deems
appropriate.
D.
Substantive standards.
(1)
Location and access. Wireless telecommunication facilities
shall be located on Town-owned lands or facilities. If, because of
unreasonable technological, financial or structural limitations or
objection to the use of certain Town-owned lands by the Town Board
for aesthetic, safety or other reasons, location on Town-owned lands
or facilities is not practicable, such facility shall be located on
lands in a nonresidential zoning district before being located on
any lands, other than Town-owned lands, in a residence district, and
shall be located on lands with nonresidential uses in a residence
district before being located on lands used exclusively for residential
purposes. Wherever possible, such facility shall be attached to an
existing building or structure. To the maximum extent practicable,
existing roadways shall be used to provide access to the site of a
WCF.
(2)
Collocation. The shared use of wireless telecommunication
services facilities shall be strongly encouraged in order to preserve
the aesthetic and scenic values of the Town. Collocation shall be
required unless it has been demonstrated to the satisfaction of the
Zoning Board of Appeals that:
(a)
Adequate and reliable wireless telecommunication
service cannot be provided from any existing site with WCF's within
the service area in a reasonably financially and technologically feasible
manner consistent with the wireless communications service carrier's
system requirement; or
(b)
No existing site with communication antennas
within the service area can accommodate the proposed wireless telecommunications
services facility with respect to structural or other engineering
limitations, including frequency incompatibilities; or
(c)
The owners of the existing sites within the
service area lawfully refuse to permit the applicant use of the site.
(3)
Size, location and design. All new WCF's shall be
of proper size, location and design to accommodate collocation of
other service providers' facilities, unless otherwise permitted by
the Zoning Board of Appeals.
(4)
Height. The applicant must demonstrate that the proposed
support structure height is the minimum height necessary to provide
licensed communication services to locations within or without the
Town of Yorktown which the applicant is not able to serve with existing
facilities. Such proposed height, which may be in excess of the maximum
height permitted for other structures in the applicable zone, shall
address any additional height necessary to accommodate collocation
by additional antenna arrays.
(5)
Engineering report. In the event that the proposed
WCF exceeds 12 feet in height, the application shall be accompanied
by a report prepared by a New York State licensed professional engineer
specializing in structural engineering with respect to the structural
integrity of the support structure. Such report shall demonstrate
the support structure's compliance with applicable standards and shall
describe the structure's capacity in terms of the number and types
of antenna arrays which may be accommodated.
(6)
Coverage map. The application shall be accompanied
by a map in graphical form and in AutoCad or compatible drawing exchange
file format which shows the applicant's existing and proposed area
of coverage. Such map should locate all existing WCF sites within
the Town and within one mile of the Town in bordering communities.
(7)
Setback. Any WCF attached to a support structure shall
be set back from the property line of the lot on which it is located
a distance equal to not less than the total height of the WCF, including
support structure, measured from the highest point of such support
structure to the finished grade elevation of the ground on which it
is situated, plus 10% of such total height. The Zoning Board of Appeals
may reduce such setback requirements based upon consideration of lot
size, topographic conditions, adjoining land uses, landscaping, other
forms of screening and/or structural characteristics of the proposed
support structure.
E.
Procedural requirements.
(1)
Facility plan. Any proposal to provide or operate
a WCF shall be accompanied by a facility plan, complying with the
site plan requirements of this chapter, which shall include all the
information necessary to allow the Zoning Board of Appeals to understand
the existing, proposed and long-range plans of the applicant. The
facility plan shall include the following information:
(a)
The name and address of the property owner and
the applicant.
(b)
The address, lot and block and/or parcel number
of the property.
(c)
The zoning district in which the property is
situated.
(d)
The name and address of the person preparing
the plan.
(e)
The size of the property and the location of
all lot lines.
(f)
The approximate location of the nearest residential
structure.
(g)
The approximate location of the nearest occupied
structure.
(h)
The location of all structures on the property
which is the subject of the application.
(i)
The location, size, height and ground footprint
of all proposed and existing WCF's and support structures and all
appurtenant structures on the property.
(j)
The type, size and location of all proposed
landscaping and screening, including proposed fencing and security
measures and lighting, if any, and including measures designed to
minimize visibility of the proposed WCF and support structure.
(k)
The number and type of WCF's and support structures
proposed.
(l)
A description of the proposed WCF's and support
structures and all related fixtures, structures, appurtenances and
apparatus, including height above grade, materials, color and lighting.
(m)
A description of the WCF's function and purpose.
(n)
The make, model and manufacturer of the WCF.
(o)
The frequency, modulation and class of service
of the WCF.
(p)
The transmission and maximum effective radiated
power of the WCF.
(q)
The direction of maximum lobes and associated
radiation of the WCF and compliance with FCC regulations.
(r)
The location, height and operations characteristics
of all existing WCF's of the applicant and all affiliates thereof
in and immediately adjacent to the Town.
(s)
A commitment to collocate or allow collocation
wherever possible on all existing and proposed WCF's.
(2)
Review costs. The applicant shall be required in accordance with the provisions of Chapter 168 of the Code to reimburse the Town such costs for such technical experts as may be necessary to allow the Zoning Board of Appeals to review the proposal, including but not limited to the review of financial and technical aspects of the proposal and of the financial and technical practicability of alternatives which may be available to the applicant.
[Amended 6-6-2017 by L.L.
No. 9-2017]
(3)
Application fee. Application to the Zoning Board of Appeals for a
special permit under this section shall be accompanied by a fee in
an amount as set forth in the Master Fee Schedule,[1] plus postage charges to defray the cost of processing
the review of the application.
[Amended 6-6-2017 by L.L.
No. 9-2017]
(4)
State Environmental Quality Review (SEQR) compliance.
Prior to or concurrent with the filing of a formal application to
the Zoning Board of Appeals to obtain a special permit under this
section, the applicant shall submit information needed to meet the
requirements of the New York State Environmental Quality Review Act.
(5)
Visual environmental assessment form (EAF) addendum.
A visual EAF addendum shall accompany the applicants' SEQR submission
to be submitted with the application. The visual EAF addendum shall
address impacts on viewsheds, scenic features and historic sites and
structures identified by the Zoning Board of Appeals as significant,
as well as visual compatibility with nearby land uses.
(6)
Public hearing; notice. The Zoning Board of Appeals
shall hold a public hearing on due notice within 60 days after submission
of a formal completed application, including such technical information
from the applicant as may be required by the Zoning Board of Appeals
for a special permit under the provisions of this section. Notice
of the public hearing shall be by publication in the official newspaper
of the Town at least 10 days in advance of the hearing. The hearing
notice shall indicate that the application may be examined and further
information is available from the Zoning Board of Appeals office during
regular business hours. Copies of the publication order shall be mailed
by the applicant to the owners of property within 500 feet of the
property which is the subject of the application, and an affidavit
of service thereof shall be filed with the Zoning Board of Appeals
due on or before the date of the hearing. Failure to mail such notice
or failure of any addresses to receive such notice shall not in any
manner affect the jurisdiction of the Zoning Board of Appeals or any
action taken on the application.
(7)
Approval. The Zoning Board of Appeals may approve,
approve with conditions or disapprove the application for a special
permit under the provisions of this section within 60 days after a
public hearing. The period in which the Board may take action may
be extended with the consent of the applicant.
F.
NIER operating standards. The operator of any WCF
shall be required to supply to the Building Inspector, within 60 days
after the initial operation of any such WCF and on each subsequent
anniversary of the date of the approval of the special use permit
for the WCF, a report by a qualified independent professional who
shall certify, under penalties of perjury, that the NIER emissions
of the facility, when operated at maximum power, do not exceed applicable
standards of the Federal Communications Commission. In the event that
the NIER emissions of any WCF exceed any of such standards at any
time, the special use permit for that WCF shall be deemed to immediately
terminate, without any prior notice from the Town, and such permit
shall not be reinstated, nor may the WCF be operated except for NIER
testing purposes, unless and until the Building Inspector shall be
satisfied that such emissions have been brought within all applicable
standards.
G.
Abandonment. In the event that the use of any WCF
has been discontinued for a period of 180 consecutive days, such facility
shall be deemed to be abandoned and shall be removed at the owner's
expense within 60 days after the date of such abandonment.
A.
A tourist home, rooming house or boardinghouse, as
defined in this chapter, shall be permitted only when conducted in
a dwelling by the resident owner or lessee thereof.
B.
Kitchen and dining facilities shall be limited to
use by the resident owner or lessee, occupants of the rooming house
or boardinghouse and bona fide guests but shall not be open to the
general public. There shall be no individual kitchen or dining facilities
for any sleeping room.
C.
There shall be no change in the exterior appearance
of the dwelling except for additional means of egress and fire escapes
on the site or rear where required by applicable law.
D.
There shall be no more than one rented sleeping room
for each 1,000 square feet of lot area, with a maximum of 10 such
rooms being permitted.
E.
Each sleeping room for rent in a tourist home, rooming
house or boardinghouse shall be at least 100 square feet in area.
F.
One off-street parking space shall be provided for
each rented sleeping room. The Board of Appeals may require landscaping
and screening around the parking areas.
A.
The Board of Appeals may permit the use of a site,
no smaller than two acres in area, for use as a trucking terminal,
transfer or storage point, provided that adequate provision shall
be made for the off-street parking of all vehicles which would use
the terminal, and provided that access and service drives are located
so as to avoid unsafe conditions and traffic congestion.
B.
No loading, unloading or transfer operations shall
be permitted on the street, at the curb or within the required front
yard.
C.
Maximum coverage by all buildings and structures shall
be limited to 25% of the site. All parking areas and access and service
drives shall be permanently improved to prevent any nuisance because
of dust.
D.
No terminal operation, including the parking of motor
vehicles, shall be permitted within 75 feet of any residence district.
E.
The Board of Appeals shall require suitable landscaping
and fencing and may limit or prohibit outdoor storage of any materials
other than motor vehicles.
[Added 6-15-1993 by L.L. No. 17-1993]
A.
COMMERCIAL VEHICLE
CONSTRUCTION AND SPECIAL-USE EQUIPMENT
LIMOUSINE
LIVERY
PARK or PARKING
RECREATIONAL VEHICLE
STAND or STANDING
STORE
SUBURBAN VEHICLE
TRAILER
Definitions. For the purpose of this section, words
used are defined as follows:
Any vehicle, including trailers, that is used or registered
for commercial purposes. Commercial vehicles shall include ambulettes
and motor vehicles and limousines that have livery registration plates
as defined in § 121E of the New York State Vehicle and Traffic
Law.
[Amended 11-17-1998 by L.L. No. 27-1998; 4-20-2004 by L.L. No. 9-2004; 11-16-2010 by L.L. No. 14-2010]
Any construction equipment or special-use equipment, including
but not limited to tractors, trailers, delivery trucks, bulldozers,
dump trucks, flatbed trailers, earthmoving equipment, construction
equipment, backhoes, forklifts, vehicle lifts, paving and/or grading
equipment, shipping containers and storage containers and any other
construction equipment, which, in the opinion of the Building Inspector,
would have a negative visual impact on the adjacent properties.
[Added 4-20-2004 by L.L. No. 9-2004;
amended 4-7-2009 by L.L. No. 9-2009; 11-16-2010 by L.L. No. 14-2010]
A motor vehicle used solely for hire and licensed by the
New York State Motor Vehicle Bureau with a livery plate or other special
designated plate.
[Added 4-20-2004 by L.L. No. 9-2004]
Any motor vehicle used in the business of transporting passengers
for compensation. However, it shall not include vehicles which are
rented or leased without a driver.
[Added 4-20-2004 by L.L. No. 9-2004]
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
Any vehicle less than 30 feet long described as a house coach,
motor home, bus house trailer, boat trailer or camper, and shall also
include sailboats, motor boats or motor vessels or other water vessels
as defined in the New York State Vehicle and Traffic Law. Any vehicle
described above and more than 30 feet long in length would require
a special use permit.
[Amended 4-20-2004 by L.L. No. 9-2004]
The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
To park, whether or not the vehicle is capable of being operated.
A motor vehicle with a convertible or interchangeable body
or with removable seats usable for both passenger and delivery purposes
and including motor vehicles commonly known as "station or depot wagons,"
and vans and pickup trucks with commercial plates.
[Amended 11-16-2010 by L.L. No. 14-2010]
Any vehicle not propelled by its own power, drawn on the
public highways by a motor vehicle.
[Added 2-4-2003 by L.L. No. 3-2003]
B.
Prohibited acts.
[Amended 2-4-2003 by L.L. No. 3-2003; 4-7-2009 by L.L. No.
8-2009; 11-16-2010 by L.L. No. 14-2010]
(1)
It
is prohibited to store, park or stand more than two suburban vehicles
bearing painted or magnetic signs advertising a commercial business
on a premises that is zoned residential unless a special use permit
has been granted by the Zoning Board of Appeals after due notice and
public hearing.
(2)
It
is prohibited to store, park or stand a commercial vehicle or construction
or special-use equipment or a trailer, with or without trailer registration
plates, on a premises that is zoned residential unless a special use
permit has been granted by the Zoning Board of Appeals after due notice
and public hearing.
C.
Commercial vehicles shall be stored or parked on the
same lot as is located the main permitted use and shall be stored
or parked in garages or buildings designed for that purpose or in
exterior areas as determined by the Zoning Board of Appeals. All commercial
vehicles stored or parked must be exclusively controlled by the owner
of the specific premise and/or the legal tenant(s) who have use and
exclusive control of the premises. Space for commercial vehicle storage
or parking cannot be given or rented to an individual who does not
reside on the site.
[Amended 8-17-1999 by L.L. No. 13-1999]
D.
Where the Board determines that exterior storage or
parking yards are appropriate, the following conditions will apply:
(1)
The area devoted to exterior storage or parking shall
be considered an accessory structure for the purposes of determining
setback requirements; however, the Zoning Board retains the ability
to vary setbacks on a case-by-case basis.
(2)
The area of the storage or parking yard shall not exceed 10% of the total area of the lot and must be included in determining lot coverage pursuant to § 300-21C for the respective district in which the property is located. However, no more than two commercial vehicles can be stored or parked in lots of four acres or less.
[Amended 8-17-1999 by L.L. No. 13-1999]
(3)
The area to be used for storage or parking must be
effectively screened from view of surrounding properties. The Board
shall determine requisite screening on a case-by-case basis. The Board
shall take note of the number, size and type of vehicles to be parked
or stored in determining the adequacy of screening. If fencing or
other man-made materials are used, the Board may regulate the height.
Further, the height of all stored vehicles may not exceed the height
of the enclosure. All screening and other improvements will be maintained
in a manner compliant with the conditions of the special permit. Dead
or damaged vegetation or damaged screening will be replaced in kind
in a timely fashion.
(4)
The storage area will be located to minimize noise,
odor or visual impacts on adjacent properties. Exterior illumination
shall be prohibited except as approved by the Board. Any lighting
installed will reflect light away from adjoining properties. No unshaded
light sources will be permitted. Conditions relating to noise and
odor control may be imposed at the discretion of the Board.
E.
A special permit granted hereunder shall allow only
the storage or parking of commercial vehicles. No commercial repair,
material storage or other commercial activity is authorized. No signs
shall be permitted in conjunction with this special permit.
F.
Each applicant will advise the Board of the possible
need for individuals other than the permit holder to pick up or service
any commercial vehicle being stored on the property. There shall be
provided a suitably sized and improved area on the premises to allow
for off-street parking for these individuals, to be approved by the
Board. On-street parking is prohibited.
G.
The Board may refer an application to any appropriate
agency for review and comment and may attach such other conditions
and safeguards to protect surrounding properties and to ensure continued
compliance with all applicable regulations.
H.
All individuals presently parking or storing commercial
vehicles on property shall have six months from the effective date
of this section apply to the Zoning Board of Appeals for a special
permit.
I.
This permit will run strictly with the applicant and shall expire
three years from the date of issuance or upon transfer of title or
abandonment of the use. The fee for the application is in an amount
as set forth in the Master Fee Schedule.[1]
[Amended 6-6-2017 by L.L.
No. 9-2017]
J.
Exemptions.
(1)
Nothing in this chapter shall prohibit the use of
domestic garden tractors, riding lawn mowers or other equipment used
for domestic gardening needs and customary and usual to the activities
incidental to maintaining residential property.
(2)
This section shall not apply to equipment used in
conjunction with a special use permit granted under a different section
of this chapter or to equipment incidental to a farm and/or agricultural
activity or for equipment operating under a legal preexisting nonconforming
use.
(3)
This section will not apply to commercial vehicles
that are engaged in the process of delivery or rendition of services
to a residentially zoned property.
(5)
A special permit is not required for recreational
vehicles.
K.
Enforcement. It shall be the duty of the Building
Inspector and his agents to enforce the provisions of this section.
A.
A telephone exchange shall be permitted, provided
that there is no outdoor service or storage yard and no business office.
B.
One off-street parking space shall be provided for
every two employees on duty at the peak employment hour and one space
for every company vehicle. Parking space shall be located only in
side or rear yards and shall be permanently improved.
C.
The building shall conform to the same yard setback
requirements applicable to adjoining residences, but no side yard
shall be smaller than 25 feet.
D.
The Board of Appeals shall require suitable fencing,
landscaping and screening to prevent nuisances to neighboring properties.
A.
A public telephone booth shall be permitted on private
property and may be permitted within a street right-of-way, provided
that written approval for such location by the appropriate authority
having jurisdiction over such right-of-way is submitted to the Board
of Appeals.
B.
A public telephone booth, if located on private property,
shall be located at least 10 feet from any street line, and if located
within a street right-of-way, it shall be placed so as not to interfere
with existing or proposed improvements within the right-of-way.
C.
A public telephone booth, if located near a street
intersection, shall be placed so as not to block or reduce the existing
sight distance between street lines.
A.
A retail space in excess of 500 square feet for a
farm, plant or tree nursery or greenhouse may be permitted as an accessory
use to a permitted main use, provided that the space is located on
the same site therewith and the produce to be sold is limited to that
which is on the premises. The incidental sale of accessory garden
supplies may be permitted. The Board of Appeals may limit the amount
of, and specify the location for, the outside display of produce and
accessory supplies offered for sale.
B.
Such retail sales space shall be set back from the
road at least 75 feet and shall be located no closer than 150 feet
to any other property line nor closer than 30 feet to any other building.
C.
Off-street parking space for at least 10 motor vehicles
shall be provided in front of the retail sales space. The parking
area shall be suitably improved and shall be so located and arranged
that vehicles will not be required to back into the highway. Access
driveways shall be limited to two from any street, shall not exceed
35 feet in width at the curbline and shall be at least 50 feet apart
at the curbline.
D.
One unlighted advertising sign, no larger than six
square feet, may be permitted. No exterior lighting of any type shall
be permitted.
E.
Permits shall be issued for five-year periods.
A.
The Town Board may permit the use of a site, no smaller
than 100 acres in area, for a commercial golf club or country club
or the use of a site no smaller than 50 acres in area for a swimming
club, summer theater or designed recreation area for tennis courts,
handball courts, badminton courts, archery courts, athletic exercise
facilities or similar individual or small-group recreation facilities.
Where more than one major use is to be provided on a site, the minimum
site area shall be the total required for each separate use shown
in the following table:
|
Type of Use
|
Minimum Site Area
(acres)
| |
|---|---|---|
|
Golf course
|
100
| |
|
Ski run
|
75
| |
|
Swimming club
|
50
| |
|
Summer theater
|
50
| |
|
Designed recreation (for all or part of uses
set forth above)
|
50
|
B.
Uses permitted as part of a golf club or country club
shall be limited to a golf course; swimming facilities; ski run; summer
theater, but not including a convention building or facilities for
year-round theater use; restaurant, with or without entertainment,
serving members, guests or the general public; and accessory guest
room accommodations of not more than 30 sleeping units, provided that
the same are included within the main building on the site.
C.
Uses permitted as part of a design recreation area
shall be limited to swimming facilities and facilities for individual
or small-group athletic exercises or games, but excluding large-group
organized sports and games, such as baseball, football, basketball,
soccer, polo, lacrosse and similar activities.
D.
There shall be no patron use of golf course, swimming
or designed recreation facilities between the hours of 9:30 p.m. and
6:00 a.m. There shall be no patron use of ski facilities between the
hours of 10:30 p.m. and 6:00 a.m.
E.
No building, structure or temporary shelter shall
be erected or maintained closer than 200 feet to any street or adjoining
property line, except that any snow-making equipment or ski lifts
and appurtenant structures shall not be closer than 400 feet to any
street or adjoining property line. The maximum coverage of the site
by all buildings or structures shall not be greater than 5% of the
gross site, nor shall any building or structure have a height greater
than 35 feet.
F.
Minimum off-street parking for motor vehicles shall
be provided as follows, based on the designed capacity or actual use
of each facility as follows:
|
Type of Use
|
Minimum Spaces Required
| |
|---|---|---|
|
Country club
|
1 for each 200 square feet of floor, terrace
or patio space devoted to patron use
| |
|
Golf club
|
5 for each tee and each practice putting green
| |
|
ki run
|
1 for each 2.5 persons
| |
|
Summer theater
|
1 for each 3 persons or seats
| |
|
Swimming pool
|
1 for each 3 persons
| |
|
Designed recreation uses (as specified)
|
1 for each 3 persons
| |
|
Other uses (as specified)
|
As required by § 300-182
|
G.
Suitable screening, landscaping or fencing shall be
provided along the boundaries of any parking area to protect adjacent
properties from physical damage, noise, glare of headlights or other
similar nuisance.
H.
Parking areas shall be permanently improved and shall
be located at least 100 feet away from all property lines. The Town
Board may reduce this distance by not less than 50 feet if additional
screening or fencing is provided to safeguard adjoining properties.
I.
Access drives from existing streets and highways shall
be so located as to avoid unsafe conditions and traffic congestion.
The Town Board may prohibit access to a club from local residential
streets.
J.
There shall be no more than two permanent dwellings
on the club site, and each dwelling shall not be occupied by more
than one family.
K.
All outdoor athletic or recreation areas and facilities
shall be located at least 200 feet from all property lines, except
that a golf tee may be located no less than 100 feet from any property
line and a ski slope no less than 300 feet.
L.
Suitable screening, landscaping or fencing shall be
provided along the boundaries of any outdoor athletic or recreation
areas to protect adjacent properties from physical damage, noise,
excessive light and to shield from view of any adjacent residence
use the general patron activity within such athletic or recreation
areas.
M.
All permitted uses shall be maintained or conducted
in such manner as not to cause or result in the dissemination of light,
noise, vibration, smoke, gas, fumes or dust beyond the boundaries
of the site or property on which the use is located in excess of levels
normal and reasonable for the district in which said use is located.
N.
No outdoor lighting for illumination of golf course,
swimming or designed recreation facilities shall be permitted. Any
other permitted outdoor lighting shall be shielded and/or directed
from the view of all adjacent properties and streets.
O.
There shall be no more than one sign facing each public
street, announcing the name of the club. Such sign shall be nonmoving
and, if lighted, shall be nonflashing.
[Amended 5-20-1997 by L.L. No. 4-1997]
A.
Any application for site plan approval for a watershed, water supply and/or filtration plant facility shall be presented pursuant to the regulations for site plans in general as prescribed by Chapter 195, Land Development, of the Yorktown Town Code.
B.
Any such facility must be accompanied by an application for a wetlands permit pursuant to Chapter 178, Freshwater Wetlands, of the Code of the Town of Yorktown, if it is contemplated that the facility or any proposed site disturbance shall be located within a wetland, wetlands controlled area or watershed property as designated by the Department of Environmental Protection of the City of New York.
C.
All applications shall be accompanied by a permit fee as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits. Should the final plan substantially deviate from the proposed plan, the fee shall be based upon the larger square foot calculation of said plans.
[Amended 10-5-2010 by L.L. No. 9-2010]
D.
The Town Board may grant approval of a watershed,
water supply and/or water filtration facility upon findings and determinations
as follows:
(1)
That the proposed facility shall be located or suitably
screened to avoid adverse visual impacts. The structures on the site
shall not visually impact neighboring properties or thoroughfares.
(2)
The proposed facility shall not be operated so as
to cause noise to surrounding and neighboring properties; proper mitigation
shall be provided should there be a potential for adverse noise impacts.
(3)
There shall not be permitted the discharge or emission
of noxious and/or harmful substances and/or chemicals to the ground,
air or water, and should the facility require use of regulated or
unregulated noxious substances and/or chemicals, proper and adequate
safeguards and/or mitigation shall be required.
(4)
There shall not be permitted outdoor storage of materials
or operating equipment.
(5)
Buildings shall not exceed 35 feet in height.
(6)
Any proposed water towers shall not exceed 100 feet
in height and shall be set back from all lot lines by a distance of
no less than two times the proposed height.
(7)
All exterior lighting shall be minimized and installed
so that light is diverted only where needed and so that there is no
loss of light to the surrounding environment.
(8)
The Town Board shall impose other reasonable conditions
as it deems necessary to address site specific impacts. It is the
intent herein to ensure that any watershed, water supply and/or water
filtration facility be constructed, operated, maintained and controlled
in such a fashion so that it is in harmony with the surrounding environs
and shall not adversely impact the surrounding environs.
E.
It is understood that due to the nature of the facilities
that the same will most likely be located in those areas of Town where
the environmental constraints are the most severe. These areas are
also the areas which have been afforded the greatest protection by
large lot zoning and the strict enforcement of the wetlands ordinance.
F.
Notwithstanding whether the facilities hereunder are
considered to be a public utility, it is not the intent to prohibit
their construction and/or operation, but to regulate it so that same
are not offensive to the environment and/or the long-established policies
of the Town.
G.
Inasmuch as these facilities are unique in character,
scope and configurement, the Town, by virtue of this section, intends
to provide itself with the maximum flexibility to regulate, control
and condition any approval granted hereunder, and any applicant should
be guided accordingly.
H.
This section shall not apply to any existing facilities,
and the special use permit issued hereunder shall be for a term of
no longer than five years, at the end of which time an application
for renewal shall be submitted with fees.
A.
Any dwelling built prior to January 1, 1930, and having
a usable floor area, as defined in this chapter, in excess of 1,300
square feet, may be converted by permission of the Board of Appeals
to a two-or-more-family dwelling, a hotel or an eating place. Alterations
and minor additions necessary for such conversion shall be permitted.
B.
Each dwelling unit resulting from such conversion
shall have at least 650 square feet of usable floor area.
C.
The converted building shall not encroach on any required
yard or height limit or increase any existing nonconformity with respect
to required yards or height limits, if such shall exist, and each
dwelling unit so created shall have direct access to an exit.
D.
The lot upon which such dwelling is located shall
have:
(1)
For each dwelling unit created, a minimum of 10,000
square feet of lot area which shall include at least 2,000 square
feet of usable open space available for play area and other outdoor
living activities but not used for driveway, parking or building purposes.
(2)
For a hotel or eating place, at least 40,000 square
feet.
E.
Any eating place established by such conversion shall meet the yard and off-street parking requirements applicable to such use in a C-2 District. Any hotel established by such conversion shall meet the requirements of the New York State Multiple Residence Law and the off-street parking requirements applicable to a tourist or rooming house as provided in § 300-182.
[Added 7-19-2005 by L.L. No. 8-2005]
A.
Legislative intent. The purpose of this section is to allow valet parking at banquet halls, as defined in § 300-3B, not otherwise operating as restaurants.
B.
Permitting authority. The Planning Board is hereby
authorized to grant permits for valet parking at banquet halls not
otherwise operating as restaurants subject to the requirements of
this Code and upon the conditions set forth in this section.
C.
Terms and conditions.
(1)
Applicant. The applicant shall be the business entity
for which the permit is being requested.
(2)
Initial permit application. Any special permit under
this section that is granted to an applicant that does not currently
have a valid special permit for valet parking or that is granted as
part of a site plan or amended site plan application shall be limited
to a period of no more than two years and shall be subject to the
following additional requirements:
(a)
The applicant shall keep a log stating the date
of each event held, the number of guests that attended the event,
and the number of cars parked for the event.
(b)
The log shall be kept on site and made available
for inspection and copying upon request.
(c)
The log shall be submitted to the Planning Board
for review with the renewal application for a valet parking special
permit.
(3)
Permit renewal. Any permit granted under this section
to an applicant that currently has a valid special permit for valet
parking shall be limited to a period of not more than five years and
may be renewed for additional periods in like manner upon application
to the Planning Board.
(4)
Referral. The Planning Board shall refer all valet
parking special permit applications, including renewal applications,
to the Building Inspector, the Fire Marshal, and the Public Safety
Committee for review and comment.
(5)
Required parking. The number of required parking spaces shall be Page IA determined in accordance with the provisions of § 300-182A(14).
(6)
Valet parking required. The number of guests at a
given event that requires the use of valet parking shall be determined
by the Planning Board on approval of this permit.
(7)
Parking plan. A valet parking plan in accordance with § 300-182A(14) shall be submitted with a valet parking special permit application for review by the Planning Board.
(8)
Signage. The location of any proposed temporary signs
for the valet service and any proposed attendant stands shall be shown
on the valet parking plan. Such temporary signs may only be posted
during scheduled events at the site and shall he removed after such
event has completed.
(9)
Fee. A fee in an amount as set forth in the Master Fee Schedule[2] is required at the time of filing an initial permit application
and at the time of filing a renewal application. The Planning Department
shall not accept an application, and the Planning Board shall not
review or consider an application, unless and until the application
fee has been paid.
[Amended 6-6-2017 by L.L.
No. 9-2017]
A.
The Board of Appeals may permit the use of a site,
not less than 12 acres in area and having not less than 300 feet of
frontage on U.S. Highway Nos. 202 and 6, for a par-three golf course.
B.
Any par-three golf course shall be so designed and
operated as not to cause safety hazards to surrounding properties
or to traffic on adjacent streets. The Board may require the retention
of existing natural growth or the provision of fencing along the outside
boundaries of the site to eliminate or reduce any such hazards.
C.
At least five off-street parking spaces shall be provided
for each hole, plus one space for each two employees. Parking areas
shall be permanently improved and shall be located at least five feet
from any street line and 15 feet from any other property line.
D.
Access drives from abutting streets shall be so located
as to avoid unsafe conditions and traffic congestion. The Board may
prohibit access to such site from a residentially zoned street.
E.
Only one main building shall be permitted for each
site, plus accessory buildings for storage or similar use. A manager's
office, golf shop and snack bar may be permitted, provided that the
same are housed and conducted entirely within the main building. All
buildings shall have yard setbacks the same as for the district in
which located and shall, in the aggregate, not cover more than 10%
of the site.
F.
There shall be no more than one sign facing each public
street, announcing the name of the use. The total area of all signs
shall not exceed 30 square feet, and the largest dimension of any
sign shall not exceed five feet. Signs shall be nonmoving and, if
lighted, the light sources shall not be exposed.
G.
No outdoor public-address system shall be permitted.
No outdoor lighting for illumination of tees, fairways, greens or
other outdoor playing areas shall be permitted. Lighting of parking
areas and buildings may be permitted for security reasons, provided
that the same is shielded from adjacent properties and streets. No
outdoor storage shall be permitted.
[Amended 11-3-1993 by L.L. No. 30-1993; 11-8-1995 by L.L. No. 16-1995]
A.
Purpose. The purpose of this section is to allow,
by special permit and site plan approval of the Planning Board, new
and/or used-car automobile sales facilities, plus related accessory
facilities in C-2, C-3 and C-4 Business Districts where such districts
are properly related to major highways and have more than local retail
service areas.
B.
The Planning Board, upon application, may permit the
use of a site for new and/or used car automobile sales, such site
containing not less than two acres and having not less than 200 feet
of frontage in such district where such district extends for more
than 1,000 feet along a major highway, under the following standards:
(1)
A site plan shall be approved by the Planning Board
in accordance with standards set forth below.
(2)
Building coverage shall not exceed 20% of lot area.
(3)
Paving for storage or display of new and/or used cars
shall not cover more than 40% of lot area.
(4)
Outdoor lighting shall be directed away from residential
areas.
(7)
Access drives from abutting streets shall be so located
as to avoid unsafe conditions and traffic congestion. The Board may
prohibit access to such site from a predominantly residential street.
(8)
Storage or display of new and/or used cars, as well
as customer and employee parking, shall be located on paved areas
and shall not be permitted in front of the main building line.
(10)
Ten customer parking spaces shall be provided
and shall be so marked. In addition, employee parking at the rate
of one space per two employees of maximum shift shall be provided
in the rear portion of the lot and shall be so marked.
(11)
Gasoline storage and pumps shall only be allowed
as an accessory use, not for general public convenience, and shall
be located toward the rear of the lot and shall be screened from the
fronting roads.
(13)
Natural tree growth shall be kept undisturbed
insofar as possible and/or a landscaped buffer strip 15 feet in width
shall be required along side and rear lot boundaries.
(14)
No building shall be located closer than 15
feet to any lot line. If more stringent controls are imposed by a
schedule of district regulations, they shall apply.
(15)
All operations, including repairs and service,
shall take place within fully enclosed buildings.
(16)
No more than one motor vehicle for every 2,000
square feet of lot area shall be stored outside at any time, and no
outdoor storage of partially dismantled or wrecked motor vehicles
shall be permitted. All outdoor automobile storage areas shall be
screened by fencing and year-round landscaping.
(17)
All storage and parking areas shall be permanently
improved with a paved surface.
(18)
No loading, unloading or transfer operation
shall be permitted on the street, at the curb or within the required
front yard. Specific loading and unloading plans shall be submitted
and approved by the Planning Board.
(19)
The Planning Board shall require suitable landscaping
and fencing to prevent nuisances to neighborhood properties.
(20)
No parking or storage of automobiles may take
place on any landscaping or any other areas not specifically designated
for such use by the approved site plan.
A.
Funeral homes shall be allowed by special permit of the Zoning Board of Appeals in accordance with the provisions of § 300-201C, under the following standards:
(1)
The minimum lot area shall be 40,000 square feet.
(2)
The minimum lot width at main building line shall
be 100 feet.
(3)
The minimum lot depth shall be 100 feet.
(4)
The minimum front yard shall be 30 feet without parking
or 75 feet with parking.
(5)
The minimum side yard shall be 10 feet, with a total
of 30 feet for both sides.
(6)
The minimum rear yard shall be 50 feet.
(7)
The maximum height shall be 35 feet.
(8)
The maximum coverage shall be 20%.
(9)
Required off-street parking spaces shall be determined
by the Zoning Board of Appeals, but in no case fewer than 30 spaces.
Required off-street loading shall be as determined by the Zoning Board
of Appeals.
B.
In addition, wherever a yard abuts another residential
district, screen planting or approved close-woven fence shall be required
to visually block off such use at the ground floor level from such
adjoining residential properties. There shall be no outdoor storage
permitted on the lot in question. Sufficient aisle and loading space
shall be provided to permit a minimum of eight cars forming a procession.
C.
One accessory dwelling unit for the manager or caretaker
shall be authorized for each site. Parking spaces shall be permanently
paved and marked and, if illuminated, shall be in a manner which will
not disturb the adjoining property owners.
D.
Floor area ratio, defined as the area of the building
divided by the area of the lot, shall not exceed 0.5, and signs shall
conform to appropriate sign regulations. The architectural treatment
of any existing or new building shall be in conformity with the existing
architectural concepts in effect in the immediate area.
E.
The Board of Appeals shall not issue a special permit
unless it makes a finding that the existing road network is capable
of handling the traffic generated from such an establishment.
The Town Board, after public hearing, may approve
a special use permit for the retail sale, repair, rental and service
of recreational, garden and home improvement items in commercial recreation
districts, provided that:
[Added 12-2-1997 by L.L. No. 21-1997]
A.
Purpose and intent.
(1)
It is the purpose and intent of this section
to allow for temporary/seasonal exterior retail sales on commercial/industrial
property within the Town of Yorktown by allowing the property owner
to apply for an administrative permit from the Building Inspector.
(2)
It is found and determined that there is a need
for a streamlined application/approval process to provide for temporary
or seasonal sales within the Town's commercial and industrial districts.
The alternative is to have the property owner go through either formal
site plan approval or be subject to the special use permit regulations
which contemplate a permanent change or adoption of a particular use.
B.
Under the following procedures temporary/seasonal
sales may be conducted on a commercial/industrially zoned property,
under the following conditions, by permit issued by the Yorktown Building
Inspector:
(1)
The property must lie within a commercial or
industrial zone.
(2)
The applicant must provide to the Building Department
the following:
(a)
A survey of the property showing all existing
structures, improvements, roadways, drives and parking areas.
(b)
A detailed plan showing access to and from the
property; proposed outdoor/exterior sales area; proposed signage;
proposed lighting; proposed parking and other proposed activity on
the lot.
(3)
Maximum allowable signage shall be limited to
20 square feet and shall meet all the requirements of a freestanding
sign in the district in which the property is located, except that
the sign shall be made temporary.
(4)
All proposed lighting shall be configured so
that it will not impact surrounding properties or present a hazard
to traffic.
(5)
Adequate off-street parking accommodations shall
be made as deemed necessary by the Building Inspector.
C.
Any temporary permit issued shall not be valid for
more than six weeks. No lot shall be the subject of a temporary/seasonal
sales permit more than three times per calendar year.
D.
The Building Inspector may deny, grant, grant with
conditions or modify any permit application hereunder.
E.
Any party aggrieved by a decision of the Building
Inspector as to a permit issued hereunder may have the Building Inspector's
decision reviewed by the Zoning Board of Appeals. In the event that
an aggrieved party seeks to challenge an approved permit, the applicant/owner
may in the interim operate under the permit as approved by the Building
Inspector.
F.
The Building Inspector may in his sole discretion
refer any application made hereunder to any Yorktown agency or department
for input and comment.
G.
The application fee for a permit hereunder is $100.
H.
Upon the expiration of the term of the permit the
applicant/property owners shall immediately return the property to
its pre-permit condition. The failure to do so shall result in a violation
of this chapter, and the owner/applicant shall be subject to the fines
as if the owner/applicant violated the Zoning Code, i.e., $250 per
day, each day being a new violation.
A.
Purpose. The purpose of this section is to allow,
by special permit of the Zoning Board of Appeals, volunteer ambulance
corps garage facilities plus related accessory facilities, including
general meeting rooms, in all residential districts where such districts
are properly related to major highways.
B.
The Zoning Board, upon application, may permit such use of a site not less than 1/2 acre nor less than the minimum lot size in the district and having not fewer than 100 feet of frontage along a state or county road or a major Town road in accordance with the provisions of § 300-201C under the following standards:
(1)
A site plan shall be approved by the Zoning Board
in accordance with standards set forth below.
(2)
Building coverage shall not exceed 20% of lot area.
(3)
Five outdoor parking spaces plus one space per 100 square feet of general meeting room area shall be provided and shall be permanently improved and marked in accordance with standards provided for in § 300-184.
(4)
Outdoor lighting shall be directed away from residential
areas or shielded from residential area views.
(5)
Access drives from abutting streets shall be so located
as to avoid unfavorable conditions and traffic congestion.
(6)
Natural tree growth shall be kept undisturbed insofar
as possible, and a landscaped buffer strip 15 feet in width shall
be required along the side and rear lot boundaries. No parking shall
be allowed in said buffer strip. Said buffer strip may be reduced
to not less than five feet when, in the opinion of the Board, said
reduction shall not adversely affect the abutting property.
(7)
The front yard setback shall be not less than 30 feet.
(8)
No building shall be located closer than 15 feet to
any side or rear lot line.
(9)
No more than two ambulances shall be allowed for each
20,000 square feet of lot area.
(10)
The Zoning Board shall require suitable landscaping
and fencing to prevent nuisances to neighborhood properties.
(11)
The maximum building height shall be no greater
than 2 1/2 stories or 35 feet.
(12)
The floor area ratio, defined as the area of
the building divided by the area of the lot, shall not exceed 0.5.
The architectural treatment of any existing or new building shall
be in conformity with the existing architectural concepts in effect
in the immediate area.
[Added 9-6-2011 by L.L. No. 10-2011]
A.
The Planning Board may approve the use of a site, within the C-1 Zone, that has been improved and operates with an allowed main use or uses permitted under the C-1 Zone, for a warehousing operation, provided such use is only conducted in space served by loading berths or docks and is accessed from portions of the building or buildings not visible from the main frontage of the site, any customer entry of any main uses, or a facade of any main use. Adequate provision shall be made for the off-street parking of all vehicles which would use the terminal, and provided that access and service drives are located so as to avoid unsafe conditions and traffic congestion. The Planning Board may also approve a self-storage warehouse operation either integrated into a building or buildings of a retail shopping center or as a stand-alone single-use development not operated with another main use with the C-1 Zone under the provisions of this § 300-75. Self-storage operations that are stand-alone single-use developments may be accessed from portions of the building or buildings visible from the main frontage of the site, provided the individual storage units are primarily accessed from the interior of the building. individual storage units may be accessed from the exterior only on facades that do not face or front on public roads, provided such elements are designed and/or buffered to the satisfaction of the Planning Board. The Planning Board may permit building coverage for stand-alone single-use self-storage buildings in the C-1 Zone up to 45% if, in the opinion of the Planning Board, the site plan provides orderly development for the site and surrounding neighborhood. Self-storage warehouse operations permitted hereunder shall comply with Subsections A, C, H, J, K, and L of § 300-79 of this article, except that no residence for the use of the owner of the facility and/or a caretaker shall be permitted.
[Amended 12-18-2012 by L.L. No. 14-2012; 2-19-2013 by L.L. No.
3-2013; 11-5-2020 by L.L. No. 14-2020]
B.
The Planning Board must find that the operation of the warehouse
will not cause operational or safety hazards to the users and patrons
of the main uses at the site. The Board may require traffic studies
and operation data from the proposed user detailing hours of operation,
number of employees, number of trucks and trailers and number of trips
generated by the proposed user.
C.
No storage or transfer of hazardous materials shall be permitted.
For purposes of this chapter, permitted materials to be warehoused
shall be classified as low-hazard or moderate-hazard materials as
defined or enumerated in the New York State Uniform Fire Prevention
and Building Code.
D.
No loading, unloading or transfer operations shall be permitted on
the street, at the curb or within the required front yard.
E.
All parking areas and access and service drives shall be permanently
improved to prevent any nuisance because of dust.
F.
No warehouse operation, including the parking of motor vehicles,
shall be permitted within 75 feet of any residence district.
G.
No warehouse operation may operate in the hours between 10:00 p.m. and 7:00 a.m., and no self-storage operation may operate in the hours between 11:00 p.m. and 7:00 a.m. The Board may prohibit overnight security lighting if it finds such lighting would adversely affect the surrounding community. All exterior lighting must comply with Yorktown Outdoor Lighting Code, Chapter 200.
[Amended 2-19-2013 by L.L. No. 3-2013]
H.
The Planning Board shall require suitable landscaping and fencing
or other measures to mitigate the effects of odor, noise, and visual
impacts and may limit or prohibit outdoor storage of any materials
other than motor vehicles.
[Amended 7-5-1988 by L.L. No. 26-1988]
A.
It is the intent of this section to allow for the
use of an existing residential structure for professional offices
and/or studios of an architect, artist, chiropractor, dentist, engineer,
insurance broker, lawyer, optometrist, osteopath, physician, planner,
public accountant, real estate broker, speech therapist, surveyor,
veterinarian and/or similar professional uses. However, such use of
a residential structure must not disturb the residential characteristics
and nature of the neighborhood in which they are located. It is the
intent of this section to allow for the use of a residence as a professional
office and/or studio, but not at the expense of the quality of life
in Yorktown's residential neighborhoods.
B.
The Zoning Board of Appeals, therefore, may permit
the use of a residential structure as a professional office and/or
studio under the following conditions:
(1)
The professional office and/or studio must be for
the sole use of the owner occupant of the residence and/or his/her
immediate family residing therein.
(2)
No more than 25% of the usable floor area of the main
building shall be devoted to the professional office and/or studio
use.
(3)
No more than three persons, including but not limited
to partners, associates, employees, agents or representatives, may
be engaged in the operation of such use. The word "persons," for the
purpose of this section, does not include corporate entities.
(4)
A parking plan for the parking as required by § 300-182 shall be submitted to the Board with the application, and such plan shall be transmitted to the Planning Board for its review and recommendation.
(5)
Sufficient landscaping and buffering to provide for
effective protection of the surrounding residential areas shall be
provided and maintained.
(6)
Architectural treatment of any structure containing
such use shall be in harmony with the abutting residential development.
(8)
No special permit shall be granted where the professional
office and/or studio use and/or the intensity of the use is disruptive
of the residential character of the neighborhood and/or where said
use causes there to be more than 16 vehicular business trips per day.
The Zoning Board of Appeals must consider the following before granting
a special permit hereunder:
(a)
Impact of parking on the neighborhood. No permit
should be granted without adequate provisions for off-street parking.
Said off-street parking plans must not be disruptive of the residential
characteristics of the neighborhood.
(b)
Outside storage. No permit should be granted
where the professional office and/or studio use would result in outside
storage of equipment supplies and/or commercial vehicles.
(9)
The Zoning Board must consider the overall impact
of the use of the residence on the residential characteristics of
the neighborhood and, at its discretion, may limit the intensity of
the use of the professional office and/or studio by restricting the
hours of operation, days of operation, number of visits allowed at
any one time by the public and/or clientele to the office and/or studio,
the scope of the use for which the residence is to be used and/or
any other restrictions which may be reasonable, in light of the potential
adverse impacts of the use to the neighborhood.
(10)
Any such special permit granted under this section
shall be limited to a period of three years and may be renewed for
additional periods in like manner upon application to the Zoning Board
of Appeals.
C.
Penalties for offenses. Any owner who fails to secure
a special permit for a professional and/or commercial office use,
as provided in this chapter, or who allows the same in violation of
the provisions of this chapter, shall be guilty of an offense punishable
by a fine of not less than $500 nor more than $1,000 or imprisonment
not to exceed 15 days, or both, upon conviction of a first offense;
and for the second and each subsequent conviction, by a fine not less
than $1,500 nor more than $2,000 or imprisonment not to exceed 15
days, or both. Each weeks' continued violation shall constitute a
separate additional violation.
[Added 10-20-1981 by L.L. No. 17-1981]
A.
Legislative intent. The Town Board of the Town of
Yorktown recognizes that the maintenance of amusement centers should
be adequately regulated so as to prevent danger to the public health,
safety and welfare. Permit approval by the Town Board shall be required
for an amusement center as defined in this chapter.
B.
Application. Application for such permit shall be
made, in writing, on forms provided by the Town Clerk and shall designate
the location of such center, the name of the owner of the premises,
the approximate number of square feet in the room or rooms to be used
for amusement purposes and the name and address of the applicant.
If the applicant is a corporation, the application shall contain the
names and addresses of the officers thereof. Such application shall
be accompanied by a permit fee of $200.
[Amended 12-18-1990 by L.L. No. 25-1990]
C.
Procedure upon receiving application. Upon receiving
an application for a permit as required by the preceding subsection,
the Town Clerk shall immediately submit the application to the following:
the Town of Yorktown Police Department, the Building Inspector, the
Planning Board and the Fire Marshal. The application shall not be
considered for approval by the Town Board until and unless all reports,
in writing, from each of the named officials shall have been received.
In connection therewith, the Town of Yorktown Police Department shall
satisfy itself as to the public safety hazards involved, including
adequate insurance, the Fire Marshal as to the fire hazards, the Planning
Board as to egress and ingress, parking, traffic, screening, etc.
and the Building Inspector as to the safety of the structure in which
the center is proposed and as to compliance with state and local sanitary
and health laws. No office to whom the application is submitted for
a report and recommendations shall delay action thereon more than
30 days from the time it has received the same.
D.
Public hearing. Upon receipt of all of the required
reports, the Town Board shall set a public hearing on the application
and notice thereof shall be given as prescribed in Town Law § 130,
and, in addition, the applicant shall notify all abutting owners and/or
tenants of the date, time, place and purpose of such hearing. Such
notification shall be made by certified or registered mail, return
receipt requested, at least eight days before the date set for the
hearing. Proof of compliance with this section shall be furnished
at the public hearing.
E.
Standards of permit approval. The Town Board shall
determine whether the premises sought to be licensed are of such a
nature as to be safely used for the purpose of maintaining an amusement
center and that the conduct and operation of said center will not
unreasonably disturb or annoy the owners and occupants of the premises
in the vicinity thereof. In making such determination, the Town Board
shall also take into consideration the location, size and intensity
of the proposed center, the location of the proposed center with respect
to the streets giving access to it, the nature and height of the building,
walls, fences and landscaping and noise, vibration and excessive light
so that the appropriate development and use of adjacent lands will
not be impaired.
F.
Power of Town Board. The Town Board may, in granting
any permit hereunder, provide for and impose such conditions and regulations
as to the conduct of said center as it may deem proper for the safety,
health and welfare of the patrons thereof and of the residents of
the Town of Yorktown, including but not limited to requirements for
off-street parking, screening and the lighting of the same, uniformed
security guards, numbers of occupants and hours of operations.
G.
Nontransferability, duration and renewal. Any permit
grated pursuant hereto shall not be transferable and shall be and
remain in full force for the term of one year from the date of issuance,
unless sooner revoked, as hereinafter provided. At the expiration
of said year, the permit may be renewed for a further period of one
year upon the payment of the license fee hereunder and the filing
and approval of a new application in accordance with the procedure
set forth herein at least 30 days and not more than 60 days prior
to expiration.
H.
Suspension or revocation of permit. A permit issued
hereunder shall be subject to suspension or revocation by the Town
Board for any disorderly conduct permitted or suffered on the premises
under the control of the permittee or for the violation of any of
the provisions of this chapter or of the conditions of the permit.
Such suspension or revocation shall be had only after a public hearing
if it is found that the permittee has violated any provision of this
chapter. Such hearing shall be held after a written notice of the
same is given to the permittee at least 15 days before such hearing.
[Added 6-18-1985 by L.L. No. 7-1985]
A.
It is hereby found and determined that the continuing
growth of Westchester County is creating a demand for cemeteries.
As the location of any cemetery will affect the health, safety and
welfare of the residents of the Town of Yorktown, the following standards
are adopted. Additionally, as cemeteries will be allowed, as a special
use, solely in R1-40 and R1-80 Zoning Districts and will entail subdivision
and site plan approval by the Planning Board, it is deemed advisable
to empower the Planning Board to grant special use permits for the
same.
B.
A cemetery shall be located on its own lot and uses, other than those expressly permitted in this section, are prohibited. If necessary, an applicant shall process a subdivision, pursuant to Chapter 195, Land Development, of the Code of the Town of Yorktown, in order to create a lot for a cemetery use.
C.
The minimum site requirements for a cemetery shall
be as follows:
(1)
Minimum lot size: five acres.
(2)
Maximum lot size: 15 acres.
(3)
Road frontage: a minimum of 100 feet on a public road.
For cemeteries larger than 10 acres, frontage shall be provided on
a secondary road, as defined by the Town Master Plan.
(4)
All graves shall be located at least 100 feet from
all property lines, provided that graves abutting a permanent open
space shall be located at least 50 feet from all lot lines.
(5)
All mausoleums and columbariums shall be located at
least 300 feet from the nearest property line.
(6)
All graves shall be located no further than 100 feet
from a driveway.
(7)
All driveways shall be paved to a minimum width of
20 feet in order to allow for parallel parking on one side thereof.
(8)
If a cemetery is contiguous to a residential district,
a densely planted fifty-foot buffer shall be provided and approved
by the Planning Board. This requirement may be waived, at the discretion
of the Planning Board, if it finds that existing vegetation is sufficient
as a buffer.
(9)
All structures shall be located a minimum of 50 feet
from the nearest property line.
(10)
Clustered parking areas for between five and
10 automobiles shall be provided on the site based on a ratio of five
spaces per 100 graves.
(11)
Parking for a chapel shall be provided at a
ratio of one space per five seats. Said parking area shall be located
within 200 feet of a chapel.
(12)
There shall be no more than 500 graves per gross
acre.
(13)
Cemetery sites shall not be permitted to locate
within 1/4 mile of an existing cemetery site.
F.
Procedure. A special use permit for a cemetery shall
not be granted prior to:
(2)
Review and/or recommendation by the Westchester County
Department of Health.
(3)
Approval of the site by the Westchester County Board
of Legislators, pursuant to Real Property Law § 451.
(4)
Presentation to the Planning Board of a development
phasing plan, if appropriate.
(5)
Proof of a perpetual maintenance plan and existence
of maintenance funds, if required by the laws of the State of New
York.
G.
Exemptions. Cemeteries existing on the effective date
of this section shall not be required to conform to the requirements
set forth herein, provided that, in the event that any of said existing
cemeteries seek to expand said use, the land upon which said expansion
is to occur shall conform to the requirements of this section; and,
further, provided that the Planning Board may, for good cause shown,
waive any of the requirements set forth herein, for existing cemeteries
only.
[Added 5-19-1987 by L.L. No. 13-1987; amended 6-16-1998 by L.L. No. 22-1998; 4-4-2006 by L.L. No. 4-2006]
The Planning Board may approve by special permit
the use of a site in an M-1, M-1A or M-2 District for the establishment
of a self-storage center, subject to the following conditions and
requirements:
A.
Only dead-storage activities shall be permitted. Retail
activities, store fronts and office activities shall be prohibited
within the self-storage center, except that one office for the operation
of the center and limited retail sales of products and supplies incidental
to the principal use shall be permitted within the office area. The
following are also prohibited: auctions, garage sales, flea markets,
hobby shops, servicing and repair of motor vehicles, boats etc.; the
operation of power tools, spray-painting equipment, kilns or other
similar equipment. All storage, including cars, shall be inside a
building; outside storage shall be prohibited. Vehicle parking shall
be for customers and employees only, while they are on the site. Motor
vehicles shall not be parked or otherwise stored outside within the
center. Operating hours shall be limited from 7:00 a.m. to 11:00 p.m.
One residence shall be permitted for the use of the owner of the facility
and/or a caretaker.
B.
There shall be a minimum lot area of two acres, and
the maximum floor area ratio shall be 0.6.
C.
Setback requirements shall be as follows:
(1)
Front yard, with no parking or paved access to storage
doors: 30 feet; where the site faces an interior industrial park road:
20 feet; with parking and/or paved access to storage doors: 75 feet,
except the Planning Board may permit the self-storage center to be
constructed with a front yard setback of not less than 40 feet if,
in the opinion of the Planning Board, the self-storage center can
be suitably screened by use of fences, natural planting or natural
topographical features to the extent that the storage doors will not
be visible from the road. Notwithstanding the above, the setback requirements
for a site in the M-1 Zone shall be the same as required by the district.
(2)
Side and rear yards as required by the respective
zones.
D.
Where the lot is adjacent to a residential area, screening
shall be provided as in the M-1A Zone.
E.
Maximum coverage, height and number of stories shall
be as permitted by the respective zones.
F.
Any lighting shall be shielded to direct light onto
the established uses and away from adjacent property, but it may be
of sufficient intensity to discourage vandalism and theft. However,
access and lighting shall not be permitted on a side facing a residential
area, unless a sufficiently high landscaped berm can be provided to
completely shield the building and lighting from residences.
G.
No loading docks or permanent materials-handling equipment
shall be permitted. Storage of gasoline and similar petroleum products,
radioactive materials, explosives and flammable or hazardous chemicals
shall be prohibited, and the operator of the self-storage center shall
include a provision to this effect in any lease used to rent the storage
units.
H.
Off-street parking shall be provided, and there shall
be one parking space per 10,000 square feet of storage area. In addition,
the owner shall submit a plan which establishes that in the event
of a change of use of the site from self-storage to a permitted use,
provision can be made for parking at a ratio of one space for every
1,000 square feet of building which parking shall be shown on both
the areas the owner intends to pave as well as on areas not paved.
I.
Construction material shall be suitable for withstanding
considerable impacts, and satisfactory provisions for continuous maintenance
of the site and buildings shall be submitted to the Planning Board
for approval.
J.
Notwithstanding any provision of this chapter to the
contrary, a parking/site plan conforming in all respects to the appropriate
land development regulations of Town of Yorktown shall be submitted
to the Planning Board for approval.
K.
A sign shall be required indicating the name and telephone
number of the manager of the self-storage center.
L.
The Planning Board may impose such other conditions
as it shall deem necessary to provide for the orderly development
of the site.
M.
No action shall be taken on a proposal for a self-storage
facility unless and until the project has been reviewed by the ABACA,
and its recommendation submitted to the Planning Board.
[Added 7-15-1997 by L.L. No. 10-1997]
A.
Legislative intent. No person shall engage in the
operation of a sidewalk cafe or outdoor dining area, except upon the
granting of a permit pursuant to this section.
B.
Permitting authority.
(1)
The Building Inspector is hereby authorized to grant
annual revocable permits for outdoor dining areas providing seating
for 12 customers or fewer on privately owned property in nonresidential
zoning districts upon the terms and conditions set forth.
(2)
The Planning Board is hereby authorized to grant permits
for outdoor dining areas on privately owned property in all nonresidential
zoning districts which seek to provide seating for 13 or more customers
subject to the requirements of this Code and upon the conditions set
forth in this section. The Planning Board may issue a permit renewable
on an annual basis by the Building Department for a period not longer
than five years. Outdoor dining areas approved pursuant to a site
plan application shall not be subject to this section.
C.
Terms and conditions.
(1)
Clear path. There shall be at all times an adequate
area for pedestrian movement. The minimum distance shall be determined
by the permitting authority.
(2)
Furnishings. The furnishings of a sidewalk cafe or
outdoor dining area shall consist of readily removable, umbrellas,
covers, tables, chairs, etc. The number and location of tables shall
comply with the standards for dining facilities set forth by the New
York State Uniform Fire Prevention and Building Code. No furnishing
or other object may be attached, even in a temporary manner, to the
sidewalk or other property or to any building or structure, and no
furnishings or other object shall extend beyond the area delineated
pursuant to this chapter. All furnishings shall be removed from the
sidewalk and stored in an approved manner when the sidewalk cafe is
not in operation.
(3)
Signage. Signage shall be limited to what may be an
integral part of the furnishings.
(4)
Waste receptacles. The applicant shall maintain a
sufficient number of receptacles for the disposal of waste properly
covered to prevent infestation of insects and rodents. Such receptacles
shall be emptied as often as is necessary, but in no event less than
once per day. No structure or enclosure to accommodate the storage
of garbage may be erected or placed adjacent to the sidewalk cafe
or outdoor dining area.
(5)
Accessory use only. No sidewalk cafe or outdoor dining
area may be operated, except as an accessory to an operating commercial
food and beverage vendor, operating either as a restaurant, retail
food store or vendor of food/beverages on the first floor of a premises,
abutting the principal place of business of such entity and by the
entity which operates the restaurant or retail food store.
(6)
Hours of operation. No sidewalk cafe or outdoor dining
area shall operate other than between 6:00 a.m. and 11:00 p.m. or
when the entity with which it is associated is not open to the public.
(7)
Preparation of food and beverages. All food and beverages
to be served at sidewalk cafes or outdoor dining areas shall be prepared
within the existing restaurant or retail food store.
(8)
Alcoholic beverages. The applicant shall be responsible
for obtaining, maintaining in full force and effect and complying
with terms and conditions of any permit which may be required under
any other law or regulation for the serving of food and beverages,
including alcoholic beverages, at a sidewalk cafe or outdoor dining
area.
(9)
Operation. Sidewalk cafes and the public or private
property upon which they are located and the surrounding area and
outdoor dining areas shall at all times be kept free and clear of
litter, debris and any substance that may damage the sidewalk or cause
pedestrian injury. A sidewalk cafe or outdoor dining area shall not
be used as a waiting area for the restaurant or retail food store
to which it is an accessory.
(10)
No live or mechanical music shall be permitted
to operate other than between 12:00 p.m. and 10:00 p.m.
[Amended 6-16-2020 by L.L. No. 5-2020]
(11)
Design guidelines. All tables and chairs shall
be uniform in color, material and style.
(13)
Notice of violation; revocation or suspension
of license or permit; imposition of administrative sanctions. Upon
a finding by the permitting authority that the permittee has violated
any provision of this section or the terms and conditions of the permit
or has engaged in any practice in conjunction with the permitted activity
which constitutes a danger to the health or safety of any patron or
pedestrian, the Building Inspector shall give notice to the permittee
to correct such violation or cease such practice within 24 hours.
If the permittee fails to comply with such notice, the permitting
authority may suspend the license, during which time the permittee
shall be entitled to appeal the decision to the Zoning Board of Appeals
(ZBA) for hearing and/or determination. The permittee may be represented
by counsel to present evidence in his behalf and confront the evidence
against him. Upon considering the evidence presented at the hearing,
the ZBA shall either reinstate the permit or further condition the
reinstatement of the permit. Any violation for operating an outdoor
dining facility without a permit shall be subject to a fine not to
exceed $250 per day per violation. Said violations shall be heard
and adjudicated as a violation of this chapter.
D.
Temporary
permits.
[Added 6-16-2020 by L.L. No. 5-2020]
(1)
Notwithstanding anything in § 300-80B to the contrary, the Building Inspector is authorized to issue temporary permits for the operation of sidewalk cafes or outdoor dining areas in non-residential zoning districts, regardless of the quantity of seating.
(2)
The temporary permits issued under § 300-80D(1) shall be upon the terms and conditions set for in § 300-80C, except that the fees referenced in § 300-80C(12) shall not be required for such temporary permits.
(3)
Notwithstanding any other provision of law to the contrary, the Building Inspector is authorized to issue temporary structure (e.g., tents) permits in connection with any permits issued under § 300-80D(1), and there shall be no fees required for the issuance of any such temporary structure permits.
(4)
The temporary permits issued under § 300-80D(1) and temporary structure permits issued under § 300-80D(3) shall expire on January 1, 2021.
[Added 6-6-1995 by L.L. No. 8-1995]
A.
The Town Board hereby finds that certain business
activities, by their nature, have serious objectionable operation
characteristics which can lead to a significant impact on the surrounding
community. The Town Board further finds that the unrestrained proliferation
of such businesses is inconsistent with existing development and future
plans for the Town of Yorktown in that they often result in influences
on the community, which increase the crime rate and undermine the
economic, moral and social welfare of the community. The deleterious
effects of these businesses change the economic, social and moral
character of the existing community and adversely affect existing
businesses and community and family life. As business activity drops
off and the quality of life deteriorates, merchants and families move
away from the area, leaving it in a vacant and depressed state. The
purpose of this article is to prevent the unrestricted proliferation
of such businesses and to ensure that the effects of such businesses
will not adversely affect the safety and economic well-being of the
community by enacting criteria for the placement, construction and/or
permitting of adult entertainment uses in the Town.
B.
Adult entertainment use not permitted. Adult entertainment
uses are not permitted in the Town of Yorktown. The need for provision
of such uses is being met on a regional basis.
[Added 6-5-2012 by L.L. No. 3-2012; amended 6-21-2016 by L.L. No. 13-2016]
A.
Helistops
shall be permitted in OB Districts as an accessory use with a special
permit issued by the Planning Board, provided that they meet the following
standards:
(1)
Helistops shall be set back at least 250 feet from any property line
or occupied building.
(2)
Takeoffs and landings shall be limited to the hours of 6:00 a.m.
to 9:00 p.m., except in emergencies.
(3)
The use of a helistop shall be limited to persons occupying or employed
on the premises and their visitors and guests.
(4)
The helipad (landing surface) shall be maintained so as to be free
from dust, dirt and other loose material which could be blown onto
adjoining properties by the air wash.
(5)
All federal and/or state licenses or approvals which are necessary
for the operation of such a facility shall be obtained by the applicant
and shall be maintained throughout the duration of the use, and all
applicable federal and/or state rules and regulations shall be strictly
complied with.
(6)
In connection with its action on a special permit application, the
Planning Board may require submission of any additional studies and/or
other information which it determines appropriate and may impose any
additional standards and requirements as it deems necessary to promote
the health, safety and general welfare of the community, including
but not limited to limitations on the number and/or frequency of flights
and the location of ingress and egress routes.
[Added 9-4-2012 by L.L. No. 13-2012]
The Planning Board may issue a special permit for accessory outdoor storage or recycling activities in a Planned Light Industrial District (I-1 District) as provided in § 300-94C(10)(f), subject to the following standards:
A.
The
Planning Board may limit the times of day, the number of continuous
days, the number of total days per year, and the season, which limits
shall be based on an analysis of topography, permissible or lawful
nonconforming uses on surrounding sites, and any other physical characteristics
of the area.
B.
The
aggregate lot coverage of the accessory use shall not exceed 25% of
the lot.
C.
Recycling
machinery placed on the site for outdoor recycling activities may
be powered by any fuel permitted to by law, subject to compliance
with all applicable state, county and federal laws.
[Added 7-1-2014 by L.L. No. 2-2014]
A.
A coop for housing live fowl shall be permitted only as an accessory
use to a permitted principal residential use and shall be located
on the same site therewith.
B.
No coop shall be located on a lot having less than 40,000 square
feet in area. This provision shall be considered an area and bulk
provision, not a use provision.
C.
A coop shall be situated completely in a side or rear yard, at least
30 feet from each property line and at least 50 feet from any residence
existing at the time of the initial issuance of the special permit,
other than the residence located on the lot. Abutting lots with common
beneficial ownership shall be considered a single lot for the purposes
of this subsection.
D.
Special use permit.
(1)
A special use permit issued by the Zoning Board under this section:
(a)
Shall require all feed to be kept in rodentproof containers;
(b)
Shall prohibit mature cockerels (roosters);
(c)
May permit an outside run when attached to the coop;
(d)
Shall require that the coop and any attached run be screened
from view at ground level from adjacent lots by using fencing, landscaping,
or a combination thereof;
(e)
Shall require that fowl must be maintained in compliance with
all state and local laws pertaining to animals generally;
(f)
An application for a permit shall be accompanied by a waste
management and removal plan.
(2)
A special permit issued under this section shall be valid for
the first year of issuance and may be renewed by the Zoning Board
upon application for a term to be determined by the Zoning Board.
[Added 9-15-2020 by L.L.
No. 11-2020]
A.
Statutory authority and jurisdiction.
(1)
This section is hereby enacted pursuant to the provision of § 10
of the Municipal Home Rule Law and §§ 261 and 263 of
the Town Law of the State of New York, which authorize the Town of
Yorktown to adopt zoning provisions that advance and protect the health,
safety, and welfare of the community, and "to make provision for,
so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
(2)
The authority to issue special use permits pursuant to this
section is hereby delegated to the Planning Board.
B.
Statement of purpose and intent.
(1)
Solar energy is an abundant and nonpolluting energy resource
that reduces fossil fuel emissions, reduces dependence on the electrical
power grid that generates power from nonrenewable and nuclear sources
of fuel, reduces impacts to residential and commercial property resulting
from power interruptions resulting from man-made or natural events,
and reduces the Town's energy load.
(2)
The use of solar energy to provide electrical power for the
needs of the Town's residents and businesses is consistent with the
Town of Yorktown's commitment to green infrastructure and practices,
and consistent with its goal of promoting long-term sustainability.
(3)
This section is intended to permit and regulate solar energy
systems and the requisite provision of, and access to, adequate sunlight;
to mitigate the potential impacts to neighboring properties, while
promoting the use of solar energy systems in residential, commercial,
and industrial districts, in accordance with applicable laws and regulations.
(4)
This section is adopted to advance and protect the public health,
safety, and welfare of the Town of Yorktown, including:
(a)
Taking advantage of a safe, abundant, and nonpolluting energy
resource;
(b)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses; and
(c)
Increasing employment and business development in the region
by furthering the installation of solar energy systems;
(d)
Decreasing the use of fossil fuels, which reduces the carbon
footprint of the Town, aids in energy independence of the Town and
nation, and reduces polluting greenhouse gas emissions;
(e)
Increasing resiliency of the energy grid during storm events
and times of peak energy demand.
(5)
The Town values its open space, naturalized areas, and rural
character. Maintaining high environmental quality and values are a
mainstay of the Town's efforts in its guidance and regulation of development
in the Town. As such, the Town, in guiding the development of solar
installations, will prioritize their placement first on agricultural
or greenfield properties in areas that are presently cleared, second
on commercial properties over roofs and parking areas, and third,
on vacant parcels that are currently in a naturalized state.
C.
ABACA
ACCESSORY USE
ALTERNATING CURRENT (AC)
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
DIRECT CURRENT (DC)
GROUND-MOUNTED SOLAR ENERGY SYSTEM
KILOWATT (kW)
KILOWATT-HOUR (kWh)
LARGE-SCALE SOLAR ENERGY SYSTEM
(1)
LOT COVERAGE
MAIN USE
MEGAWATT (MW)
MEGAWATT-HOUR (MWh)
PRINCIPAL USE
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SMALL-SCALE SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
SOLAR POWER GENERATION SYSTEMS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An acronym that refers to the Advisory Board on Architecture
and Community Appearance.
A use which is customarily incidental and subordinate to
the principal use of a lot, water area or a building and located on
the same lot or water area therewith.
An electric current that reverses direction at regular intervals,
having a magnitude that varies continuously in sinusoidal manner.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
An electric current of constant direction, having a magnitude
that does not vary or varies only slightly.
A solar energy system that is anchored to the ground or supported
on a foundation, and attached to a pole, column, or other mounting
system, and detached from any other structure for the primary purpose
of producing electricity for on-site or off-site consumption.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kW is equal to one megawatt (MW).
A unit of energy equivalent to one kilowatt (kW) of power
expended for one hour of time.
A solar energy system that exceeds 25 kilowatts (kW) DC as
rated by its nameplate capacity. The maximum system capacity and the
maximum area of land upon which the system shall be erected are as
follows:
[Amended 10-19-2021 by L.L. No. 9-2021]
Up to one megawatt AC on an area of land no larger than 10 acres,
excluding any easement for accessing the parcel; or over one but not
to exceed five megawatt AC on an area of land no larger than 20 acres,
excluding any easement for accessing the parcel.
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
A term used for purposes of this Chapter 300, Zoning, as denoting a set of specific uses of land for which each zone has as its intended primary permitted uses.
Equal to 1,000 kilowatts; a measure of the use of electrical
power.
A unit of energy equivalent to one megawatt (MW) of power
expended for one hour of time.
The main use conducted on a lot, dominant in area, extent
or purpose to other uses which may also be on the lot.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
A solar energy system that does not exceed more than 25 kW
DC as rated by its nameplate capacity, and serves only the buildings
or structures on the lot upon which the system is located. Nothing
contained in this provision shall be construed to prohibit the sale
of excess power through a net billing or net metering arrangement
made in accordance with New York Public Service Law (§ 66-j)
or similar state or federal statute.
[Amended 10-19-2021 by L.L. No. 9-2021]
Space open to the sun and substantially clear of overhangs
or shade, including the orientation of streets and lots to the sun
so as to permit the use of a solar energy system on individual properties.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy and is normally attached to a
building by mechanical means and is readily removable and replaceable
or ground-mounted utilizing structural components.
See "solar energy system" definition.
D.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and equipment installed or modified after the effective date
of this section, excluding general maintenance and repair and building-integrated
photovoltaic systems.
(2)
Roof-mounted small-scale solar energy systems installed on single-
and two-family residential properties are subject to compliance with
this chapter under authority of the Building Inspector, and do not
require review and approval from the Planning Board. Roof-mounted
solar energy systems mounted facing front yards or any yard facing
the street must be referred to the ABACA for review and recommendation.
The Building Inspector may refer the application and associated materials
to the Planning Board for review and recommendation.
E.
Solar as an accessory use or structure.
(1)
Small-scale solar energy systems are permitted through the issuance of a special use permit within all zoning districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a small-scale solar energy system shall be reviewed by the Planning Department and referred, with comments, to the Planning Board for its review and action, which can include approval, approval with conditions, and denial, unless otherwise cited by Subsection D(2) of this section. Where a solar energy system will require a tree removal permit, the application shall be referred to the Tree Conservation Advisory Commission.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on
site or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(b)
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
[1]
Panels installed on pitched roofs and facing the
front yard must be mounted at the same angle as the roof's surface
with a maximum distance of 18 inches between the roof and highest
edge of the system. Panels installed on flat roofs must be installed
so that they are not visible or suitably screened.
(3)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity
primarily on site are permitted as accessory structures in all zoning
districts.
(b)
Setback and height. Ground-mounted solar energy systems shall
adhere to the setback requirements of the underlying zoning district
and shall not exceed 15 feet in height in residential zones and 20
feet in height in all other zones.
(c)
The surface area covered by ground-mounted solar panels shall
be included in total lot coverage and shall not exceed 50% of the
area of the lot, inclusive of all principal and accessory structures
on the lot, as required by the underlying zone. The Planning Board,
in its discretion, may increase the allowable lot coverage, if the
applicant can demonstrate that there are no adverse impacts to the
surrounding neighbors and community character.
(d)
All such systems in residential districts shall be installed
on properties that are a minimum of two acres in size or more and
shall be installed in the side or rear yards.
[Amended 5-3-2022 by L.L. No. 5-2022]
(e)
Landscape screening and buffering shall be required. A ground-mounted
solar energy system shall be fully screened from adjacent residential
properties, streets or roads on which it fronts or is visible from,
and any other views which the Planning Board determines is necessary.
F.
Approval standards for large-scale solar systems as a main use permitted
by special permit.
(1)
Large-scale solar energy systems are permitted through the issuance
of a special use permit within all zoning districts, subject to the
requirements set forth in this section, including site plan approval.
Large-scale solar energy systems are not permitted as a sole, principal
use on properties within nonresidential zones. Applications for the
installation of a large-scale solar energy system shall be submitted
to the Planning Board for its review and action, which can include
approval, approval with conditions, and denial. Where a solar energy
system will require a tree removal permit, the application shall be
referred to the Tree Conservation Advisory Commission.
(2)
Special use permit application requirements. For a special permit application, the requirements of § 195-40 shall be met unless otherwise waived by the Planning Board, and as supplemented by the following provisions.
(a)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(b)
Site plans, survey and other documentation required by the Planning
Board showing the layout of the solar energy system signed by a professional
engineer or registered architect shall be required.
(c)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(d)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(e)
A statement detailing the loss of trees and other vegetation
to be removed and the quantity of carbon sequestered by said trees
and vegetation using the "Method for Calculating Carbon Sequestration
by Trees in Urban and Suburban Settings" of the U.S. Department of
Energy, or other recognized methodology and a comparison of this data
to the reduction of carbon emissions representative of the electrical
output of the proposed facility that would have been produced from
a traditional fossil fuel electrical generation plant.
(3)
Special use permit standards.
(a)
Height and setback. Large-scale solar energy systems shall adhere
to the setback requirements of the underlying zoning district, except
that the Planning Board may impose greater setbacks if it determines
that the minimum setbacks do not provide adequate protection against
identified negative impacts. In residential districts the minimum
setbacks shall be complied with except that no setback shall be less
than 100 feet from any property boundary. The height of ground-mounted
systems shall be limited to 10 feet in residential zones and 20 feet
in all other zones. Roof-mounted systems shall be limited to the height
requirements of the underlying zone except that panels installed on
flat roofs must be installed so that they are not visible or suitably
screened.
[Amended 5-3-2022 by L.L. No. 5-2022]
(b)
Lot size. Large-scale energy systems shall be located on lots
with a minimum lot size of five acres in residential zones. Lot size
in nonresidential zones shall comply with the requirement in the underlying
zone.
[Amended 5-3-2022 by L.L. No. 5-2022]
(c)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 80% of the lot on which it is installed. The surface
area covered by solar panels shall be included in total lot coverage.
Where a solar energy system is not the principal use of the site,
the lot coverage may exceed that of the underlying zone, but in no
case shall exceed 50%, including all principal and accessory structures
on the lot as required by the underlying zone.
(d)
All ground-mounted large-scale energy systems shall be enclosed
by fencing to prevent unauthorized access. Warning signs with the
owner's contact information shall be placed on the entrance and perimeter
of the fencing. The type of fencing shall be determined by the Planning
Board. The fencing and the system may be further screened by any landscaping
needed to avoid adverse aesthetic impacts. Fencing for ground-mounted
systems that function as canopies or carports above parking areas
may not be required, provided that the Planning Board determines the
visual and aesthetic impacts to the surrounding area is not significantly
adversely affected.
(e)
Any application under this section shall meet any substantive provisions contained in site plan requirements in the Chapter 195 of the Town Code entitled "Land Development" and Chapter 300 of the Town Code entitled "Zoning" that, in the judgment of the Planning Board, are applicable to the system being proposed. The Planning Board may waive one or more of the requirements therein.
(f)
The Planning Board may impose conditions on its approval of
any special use permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
(g)
Landscape screening and buffering shall be required. A landscape
plan shall be submitted and approved by the Planning Board. Large-scale
solar energy systems shall be fully screened from adjacent residential
properties, streets or roads on which it fronts or is visible from,
and any other views, which the Planning Board determines is necessary.
Views from adjacent commercial properties shall be minimized to the
extent reasonably practicable and screened from streets or roads on
which it fronts. Screening of systems that function as canopies or
carports above parking areas may not be required, provided that the
Planning Board determines the visual and aesthetic impacts to the
surrounding area is not significantly adversely affected. Screening
and buffering may be accomplished using architectural features, earth
berms, landscaping, or other screening methods that will harmonize
with the character of the property and surrounding area. Native pollinator
(birds, bats, bees, and multiple species of insects) habitats may
be required to be established on a solar energy system where appropriate.
Such habitats may consist of short-growing, low-maintenance, native
seed mix underneath and around panels, diverse pollinator seed mix
in between panels, buffers of vegetation that attract and benefit
pollinators, and native flowering plants and grasses.
(h)
Mitigation for tree loss under Chapter 270, when required, will be developed to mitigate for the carbon sequestration ability of the removed trees to the greatest extent practicable.
(i)
The owner, operator or manager of any large-scale solar power generation system shall be required to conduct annual inspections of the site's approved landscaping, screening, buffering, and any other required vegetative plantings or structures required under the approval. The inspection shall ascertain the health, effectiveness, condition and viability of such landscaping, screening, buffering, and any other required vegetative plantings or structures. The findings of each annual inspection shall be reported to the Town Engineer as a written report with photographs where necessary. Any dead or diseased vegetative material or any other deficiencies shall be promptly replaced or repaired by the site owner, operator, or manager. If such diseased, dead or deficient material is not promptly replaced or repaired to the satisfaction of the Town Engineer, the Town Engineer shall exercise enforcement action pursuant to § 300-199, Screening, drainage facilities and buffer strips.
[Added 5-3-2022 by L.L. No. 5-2022]
G.
Abandonment and decommissioning.
(1)
All applications for a solar farm shall be accompanied by a
decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit. The Planning Board shall require
the applicant to file a decommissioning bond prior to the issuance
of any permits in an amount sufficient to cover the cost of decommissioning.
[Amended 5-3-2022 by L.L. No. 5-2022]
(2)
If the applicant begins but does not complete construction of
the project within 18 months after receiving final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
(3)
The decommissioning plan must ensure that the site will be restored
to a useful, nonhazardous condition without delay, including, but
not limited to, the following:
(a)
A cost estimate detailing the projected cost of executing the
decommissioning plan shall be prepared by a professional engineer
or contractor. Cost estimations shall take into account inflation.
(b)
Removal of aboveground and below-ground equipment, structures
and foundations.
(c)
Restoration of the surface grade and soil after removal of equipment.
(d)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species. The Planning Board may require restoration
of former forested areas using native species formerly on the site,
and at a rate that will ensure the survival and maturation of the
forest.
(e)
The plan shall include a timeframe for the completion of site
restoration work.
(4)
Solar energy systems are deemed abandoned after one year without
electrical energy generation and must be removed from the property.
Applications for extensions are reviewed by the Planning Board and
may be extended for a period of one year. The maximum number of extensions
is five. At the expiration of the system, it must be decommissioned.
(5)
If the large scale solar energy system is not decommissioned
after being considered abandoned, the municipality may remove the
system and restore the property and impose a lien on the property
to cover the costs to the municipality.
H.
Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal penalties provided for in Chapter 300, Zoning, of the Code of Town of Yorktown.
I.
Payments
in lieu of taxes. To the extent any real property with a solar energy
system authorized hereunder is exempt from taxation to the extent
of any increase in the assessed value thereof by reason of the inclusion
of such solar energy system under New York Real Property Tax Law § 487,
the property owner shall be required to enter a contract with the
Town for payments in lieu of taxes ("PILOT"), as set forth in NY RPTL § 487(9).
The amount of such PILOT shall be set by the Town Board, upon recommendation
of the Town Assessor. Said recommendation shall be based upon industry-recognized
standards [e.g., the New York State Energy Research and Development
Authority (NYSERDA) PILOT calculators]. Under NY RPTL § 487,
solar energy systems are not exempt from special district ad valorem
taxes, which will be the responsibility of the property owner in addition
to any PILOT payments.
[Added 5-3-2022 by L.L. No. 5-2022]
J.
Lock
box. All large-scale solar energy systems shall maintain an emergency
key box on site to provide for emergency access to the system and
to provide for the storage of vital system information.
[Added 5-3-2022 by L.L. No. 5-2022]
K.
Compliance
with all laws. Solar energy systems shall comply with all applicable
laws, including, as applicable, the Fire Code of the State of New
York.
[Added 5-3-2022 by L.L. No. 5-2022]
L.
Applicability.
[Added 5-3-2022 by L.L. No. 5-2022]
(1)
The provisions of a change or amendment to this § 300-81.4 which increase setback dimensions, minimum lot size, maximum height in excess of the setback dimensions, height dimensions, or lot sizes as shown and delineated on a plan of development for a solar power generation system and which said plan of development is the subject of a pending application before any board, agency, or department of the Town of Yorktown having jurisdiction thereof or has been duly approved by any such board, agency, or department shall not, for the period of time described in § 300-81.4L(2), be applicable to or in any way affect any of the plans of development and the appurtenances and constructions or solar power equipment shown and delineated on such plan of development.
(2)
The exemption provided for on any such plan of development for a
solar power generation system shall apply for a period of 36 months
after the adoption of this section and shall expire upon expiration
of any approval or extension thereof duly granted by any board agency
or department having jurisdiction thereof. If a plan of development
has been approved, constructed and put into operation, then this exemption
shall be until the cessation of continuous operation of the solar
power generation system or March 15, 2047, whichever is later. Cessation
of continuous operation shall be considered to have occurred after
nine consecutive months of a system being inactive in energy production
and distribution to the electrical distribution system to which it
is connected.
(3)
Any changes or amendments to this § 300-81.4 that are not specifically referenced as exempted in § 300-81.4L(1) shall apply to all plans of development for a solar power generation system, whether pending, approved, constructed or operational.
[Added 9-15-2020 by L.L.
No. 10-2020]
A.
Authority. This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10, Subdivisions 1 and 7, §§ 261 through 263 of the Town Law, and § 10 of the Municipal Home Rule of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.
B.
Statement of purpose. This Battery Energy Storage System Law is adopted
to advance and protect the public health, safety, and welfare of the
Town by creating regulations for the installation and use of battery
energy storage systems, with the following objectives:
(1)
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
(2)
To protect the health, welfare, safety, and quality of life
for the general public;
(3)
To ensure compatible land uses in the vicinity of the areas
affected by battery energy storage systems;
(4)
To mitigate the impacts of battery energy storage systems on
environmental resources such as important agricultural lands, forests,
wildlife and other protected resources; and
(5)
To create synergy between battery energy storage system development
and other stated goals of the community pursuant to Yorktown's Comprehensive
Plan.
C.
ANSI
BATTERY
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
(1)
(a)
(2)
CELL
COMMISSIONING
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
DWELLING UNIT
ENERGY CODE
FIRE CODE
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NONDEDICATED-USE BUILDING
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
OCCUPIED COMMUNITY BUILDING
PARTICIPATING PROPERTY
SPECIAL FLOOD HAZARD AREA
UL
UNIFORM CODE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
American National Standards Institute.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
An electronic system that protects storage batteries from
operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected. The system generates an alarm and trouble signal for
off normal conditions.
A system consisting of electrochemical storage batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment, assembled together, capable of storing energy
in order to supply electrical energy at a future time, not to include
a stand-alone twelve-volt car battery or an electric motor vehicle.
A battery energy storage system is classified as a Tier 1 or Tier
2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment and is classified as Group
F-1 occupancy as defined in the International Building Code. It is
constructed in accordance with the Uniform Code, and it complies with
the following:
The building's only permitted primary use is for battery energy
storage, energy generation, and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery-energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in incidental-use
areas within the buildings that do not contain battery energy storage
system, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the incidental-use areas
to a public way that does not require occupants to traverse through
areas containing battery energy storage systems or other energy systems.
A building or portion thereof or immobile house trailer,
which is used, occupied or maintained as living quarters for one family
only and providing complete housekeeping facilities; except that for
specialized housing as provided for in RSP Districts, living quarters
may consist of sleeping accommodations only, plus individual bathrooms,
such dwelling unit having one full kitchen only, free access within
the dwelling unit on all floors, one main entrance and only one meter
each for gas, electricity and water.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements, including
all other occupancy types such as, but not limited to, commercial,
industrial, offices, and multifamily housing.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
The land area covered by the floodwaters of the base flood
is the special flood hazard area (SFHA) on NFIP maps. The SFHA is
the area where the National Flood Insurance Program's (NFIP's) floodplain
management regulations must be enforced and the area where the mandatory
purchase of flood insurance applies.
Underwriters Laboratory, an accredited standards developer
in the United States.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
D.
Applicability.
(1)
The requirements of this section shall apply to all batter energy
storage systems permitted, installed, or modified in the Town after
the effective date of this section, excluding general maintenance
and repair. Battery energy storage systems constructed or installed
prior to the effective date of this section shall not be required
to meet the requirements of this section.
(2)
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall be subject
to this section.
E.
General requirements.
(1)
A building permit and an electrical permit shall be required
for installation of all battery energy storage systems.
(2)
Issuance of special permits and approvals by the Planning Board shall include review pursuant to §§ 300-28 through 300-37 of the Zoning Code of the Town of Yorktown and the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and its implementing regulations at 6 NYCRR Part 617 (SEQRA).
(3)
All battery energy storage systems, all dedicated use buildings,
and all other buildings or structures that contain or are otherwise
associated with a battery energy storage system and subject to the
Uniform Code and/or the Energy Code shall be designed, erected, and
installed in accordance with all applicable provisions of the Uniform
Code, all applicable provisions of the Energy Code, and all applicable
provisions of the codes, regulations, and industry standards as referenced
in the Uniform Code, the Energy Code, and the Town Code.
F.
Permitting requirements for Tier 1 battery energy storage systems.
Tier 1 battery energy storage systems shall be permitted in all zoning
districts and shall be subject to the general requirements set forth
above.
G.
Permitting requirements for Tier 2 battery energy storage systems.
Tier 2 battery energy storage systems are permitted through the issuance
of a special use permit within all zoning districts, and subject to
the Uniform Code and site plan application requirements set forth
in this section.
(1)
Applications for the installation of Tier 2 battery energy storage
system shall:
(a)
Address all matters listed in this section, including, but not necessarily limited to, compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, permit time frame and abandonment. The Planning Board may require additional information pursuant to requirements in Chapter 195, Land Development, and Chapter 300, Zoning, of the Code of the Town of Yorktown.
(b)
Subject to a public hearing to hear all comments for and against the application pursuant to Town Law § 274-b and Chapter 205 of the Code of the Town of Yorktown.
(c)
Be referred to the County Planning Department pursuant to General
Municipal Law § 239-m if required and referred to interested
and involved agencies pursuant to the State Environmental Quality
Review Act, Article 8, of the Environmental Conservation Law and its
implementing regulations at 6 NYCRR Part 617 (SEQRA).
(2)
Floodplain. Battery energy storage systems are prohibited in
designated floodplains and flood zones.
(3)
Utility lines and electrical circuitry. All on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
(4)
Signage.
(a)
Signage shall be in compliance with ANSI Z535 and shall include
the type of technology associated with the battery energy storage
systems, any special hazards associated, the type of suppression system
installed in the area of battery energy storage systems, and twenty-four-hour
emergency contact information, including reach-back phone number.
(b)
As required by the NEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light-reflective surface.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations.
(5)
Lighting. Lighting of the battery energy storage systems shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
(6)
Vegetation and tree cutting. Areas within 20 feet on each side
of Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery, or cultivated ground cover, such as green grass, ivy, succulents,
or similar plants used as ground covers shall be permitted to be exempt,
provided that they do not form a means of readily transmitting fire.
(7)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any nonparticipating residence and occupied community building.
Applicants may submit equipment and component manufacturers' noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(8)
Decommissioning.
(a)
Decommissioning plan. The applicant shall submit a decommissioning
plan developed in accordance with the Uniform Code, containing a narrative
description of the activities to be accomplished for removing the
energy storage system from service, and from the facility in which
it is located. The decommissioning plan shall also include:
[1]
A narrative description of the activities to be
accomplished, including who will perform that activity and at what
point in time, for complete physical removal of all battery energy
storage system components, structures, equipment, security barriers,
and transmission lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage
system;
[4]
The estimated decommissioning costs and how said
estimate was determined;
[5]
The method of ensuring that funds will be available
for decommissioning and restoration;
[6]
The method that the decommissioning cost will be
kept current;
[7]
The manner in which the battery energy storage
system will be decommissioned, and the site restored, including a
description of how any changes to the surrounding areas and other
systems adjacent to the battery energy storage system, such as, but
not limited to, structural elements, building penetrations, means
of egress, and required fire detection suppression systems, will be
protected during decommissioning and confirmed as being acceptable
after the system is removed; and
[8]
A listing of any contingencies for removing an
intact operational energy storage system from service, and for removing
an energy storage system from service that has been damaged by a fire
or other event.
(b)
Decommissioning fund. The applicant, or successors, shall continuously
maintain a fund or bond payable to the Town, in a form approved by
the Town, for the removal of the battery energy storage system, in
an amount to be determined by the Town, for the period of the life
of the facility. This fund may consist of a letter of credit from
a State of New York licensed financial institution. All costs of the
financial security shall be borne by the applicant.
(9)
Site plan application. Tier 2 battery energy storage systems
shall require site plan approval. Any site plan application shall
include the following information:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A one- or three-line electrical diagram detailing the battery
energy storage system layout, associated components, and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and over current devices.
(d)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy
storage system. Such information of the final system installer shall
be submitted prior to the issuance of a building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the battery energy
storage system.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
Commissioning plan.
[1]
Such plan shall document and verify that the system
and its associated controls and safety systems are in proper working
condition per requirements set forth in the Uniform Code. Where commissioning
is required by the Uniform Code, battery energy storage system commissioning
shall be conducted by a New York State (NYS) licensed professional
engineer after the installation is complete but prior to final inspection
and approval. A corrective action plan shall be developed for any
open or continuing issues that are allowed to be continued after commissioning.
A report describing the results of the system commissioning and including
the results of the initial acceptance testing required in the Uniform
Code shall be provided to the Planning Board prior to final inspection
and approval and maintained at an approved on-site location.
[2]
Energy storage system commissioning shall not be
required for lead-acid and nickel-cadmium battery systems at facilities
under the exclusive control of communications utilities that comply
with NFPA 76 and operate at less than 50 VAC and 60 VDC.
(i)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(j)
System and property operation and maintenance manual. Such plan
shall describe continuing battery energy storage system maintenance
and property upkeep, as well as design, construction, installation,
testing and commissioning information and shall meet all requirements
set forth in the Uniform Code.
(k)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(l)
Prior to the issuance of the building permit or final approval
by the Planning Board, but not required as part of the application,
engineering documents must be signed and sealed by a NYS licensed
professional engineer.
(m)
An emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner, the local fire
department, and local fire code official. A permanent copy shall also
be placed in an approved location to be accessible to facility personnel,
fire code officials, and emergency responders. The emergency operations
plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or
isolation of equipment and systems under emergency conditions to reduce
the risk of fire, electric shock, and personal injuries, and for safe
start-up following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated
alarms, interlocks, and controls.
[3]
Procedures to be followed in response to notifications
from the battery energy storage management system, when provided,
that could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to fire department personnel for potentially
hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of
fire, explosion, release of liquids or vapors, damage to critical
moving parts, or other potentially dangerous conditions. Procedures
can include sounding the alarm, notifying the fire department, evacuating
personnel, de-energizing equipment, and controlling and extinguishing
the fire. Procedures must follow all applicable local, state and national
codes.
[5]
Response considerations similar to a safety data
sheet (SDS) that will address response safety concerns and extinguishment
when an SDS is not required.
[6]
Procedures for dealing with battery energy storage
system equipment damaged in a fire or other emergency event, including
maintaining contact information for personnel qualified to safely
remove damaged battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the
Town to provide for the safety of occupants, neighboring properties,
and emergency responders.
[8]
Procedures and schedules for conducting drills
of these procedures and for training local first responders on the
contents of the plan and appropriate response procedures.
[9]
The Planning Board may require additional information
not specifically contained herein that would be necessary to provide
to the greatest extent practicable, maximum protection of the health,
safety and welfare of the general public.
(10)
Special use permit standards.
(a)
Lot size. Tier 2 battery energy storage systems shall be located
on lots with a minimum lot size of 40,000 square feet.
(b)
Lot coverage. Lot coverage shall not exceed 15% of the area
of the lot or 33,000 square feet, whichever is less. "Lot coverage"
shall mean the area formed by the outermost perimeter of the footprint
of all of the equipment and battery storage units, including the clearance
spaces between the individual equipment.
(c)
Setbacks. Tier 2 battery energy storage systems shall comply
with the setback requirements of the underlying zoning district for
principal structures, provided that adequate screening can be accomplished
within the allotted setback. The Planning Board may determine that
the setback be increased to accommodate such required screening.
(d)
Height. Tier 2 battery energy storage systems shall not exceed
15 feet in height, unless part of a larger structure housing a main
use as allowed in the underlying zoning district.
(e)
Fencing requirements. Tier 2 battery energy storage systems,
including all mechanical equipment, shall be enclosed by a seven-foot-high
fence with a self-locking gate to prevent unauthorized access unless
housed in a dedicated-use building and not interfering with ventilation
or exhaust ports. Type and design of fencing shall be determined by
the Planning Board.
(f)
Screening and visibility. A Tier 2 battery energy storage system
shall be fully screened from adjacent residential properties, streets
or roads on which it fronts or is visible from, and any other views,
which the Planning Board determines is necessary. Views from adjacent
commercial properties shall be minimized to the extent reasonably
practicable and screened from streets or roads on which it fronts.
Screening and buffering may be accomplished using architectural features,
earth berms, landscaping, or other screening methods that will harmonize
with the character of the property and surrounding area and not interfere
with ventilation or exhaust ports.
(11)
Ownership changes. If the owner of the battery energy storage
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the
Building Inspector of such change in ownership or operator within
30 days of the ownership change. A new owner or operator must provide
such notification to the Building Inspector in writing. The special
use permit and all other local approvals for the battery energy storage
system would be void if a new owner or operator fails to provide written
notification to the Building Inspector in the required time frame.
Reinstatement of a void special use permit will be subject to the
same review and approval processes for new applications under this
section.
H.
Safety.
(1)
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 or CAN 9540 (Standard for Battery Energy Storage Systems and
Equipment). The systems shall comply with the following codes and
regulations along with all other applicable local, state, and national
codes for installation, operation, and emergency procedures:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail Applications).
(b)
UL 1642 (Standard for Lithium Batteries).
(c)
UL 1741 or UL 62109 (inverters and power converters).
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(f)
NFPA 855, Standard for the Installation of Stationary Energy
Storage Systems, 2020 Edition.
(2)
Site access. Battery energy storage systems shall be maintained
in good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal, in accordance
with the conditions and parameters set forth in the special use permit,
building permit, or electrical permit, and notwithstanding any provisions
therein, at a level acceptable to the local fire department and, if
the Tier 2 battery energy storage system is located in an ambulance
district, the local ambulance corps. All battery energy storage systems
must undergo regular inspections at intervals specified in the plans
and documents approved under this section.
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
I.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery
energy storage system shall be valid for a period of 24 months, provided
that a building permit is issued for construction and construction
is commenced. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as
required by the Planning Board, within 24 months after approval, the
applicant or the Town may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 36 months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned
when it ceases to operate consistently for more than one year. If
the owner and/or operator fails to comply with decommissioning upon
any abandonment, the Town may, at its discretion, utilize the available
bond and/or security for the removal of a Tier 2 battery energy storage
system and restoration of the site in accordance with the decommissioning
plan.
J.
Enforcement. Any violation of this battery energy storage system
section shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of Town.
K.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
