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Town of Somers, NY
Westchester County
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[Amended 11-10-1959; 11-27-1962]
A special exception use permit may be granted, after public hearing, by the Board of Appeals, for the excavation, without processing, treatment or classification, of sand, gravel, top- or common soil, peat or humus in conformity with the following provisions:
A. 
Notice of application shall be given as required by this chapter, and also notice shall be sent by mail to the owners of all property within a distance of at least 1,000 feet of the premises described in the application.
B. 
Proof shall be submitted with each application that there are no unpaid taxes or assessments affecting or constituting a lien upon the premises described in the application.
C. 
Any approval of the Board of Appeals provided for herein shall be for a period not to exceed one year.
D. 
Any excavation shall be so made and so operated that neither the excavation nor any deposit, topsoil, earth, stone, gravel, rock or other natural mineral deposit shall interfere with any natural watercourse or the natural drainage of the property, and, at the termination of the permit, the premises shall be rough-graded in such manner that the natural drainage shall be fully restored. No excavation shall be made below the adjacent grade of any abutting road unless the Board of Appeals shall find that the peculiar conditions pertaining to the property affected would justify such depth of excavation, and, in any such case, the Board of Appeals may impose such further conditions as are, in the judgment of the Board of Appeals, appropriate to safeguard the public interest. In any case, where an excavation is made under this chapter, the property shall be graded so that the natural slopes of the property will be preserved, subject to the reduction in elevations, the intent being that the property shall, after excavation, not be left with holes or gullies, and that the natural watershed will be undisturbed. The Board of Appeals shall require that the site, after the excavation has been completed and prior to the expiration of the permit, shall be properly seeded or planted, or both, to conform to the natural terrain and landscaping of adjacent and surrounding areas, unless the Board of Appeals for good cause shown shall dispense therewith, the reasons therefor to be stated in its determination.
[Amended 4-29-1965]
E. 
Any excavation extending below the lines prescribed in this chapter or in a permit issued hereunder shall be immediately refilled to the natural grade of the property with clean unburnable fill, containing no garbage, refuse or other deleterious matter. No permit shall be issued for excavating which provides or contemplates creation of a body of water, except as provided in Subsection J of this section, until a site plan with respect thereto shall first have been submitted to and approved by the Planning Board, after public hearing, as provided in §§ 276 and 277 of the Town Law.
F. 
At the termination of the approval period, any structure, improvement, equipment or machinery heretofore erected, placed or maintained upon such premises, except as may otherwise be permitted under this chapter, shall be removed, and the premises restored to the contours authorized in the permit.
G. 
Every application for such approval shall be in such form as the Board of Appeals shall require and shall be accompanied by a map or survey sufficient to identify the property by giving the location and dimensions of the property, operation and the location of any buildings, structures, equipment or improvements to be located thereon and shall also give the full names, signatures and addresses of the owner, lessee and applicant and the written consent of the mortgagee, if any, and a statement clearly detailing the extent of operations. No permit shall be issued for an excavation covering an area of more than five acres. The Zoning Board of Appeals shall require that a topographic survey, prepared by a licensed engineer or surveyor, accompany the application, showing the existing contours and the contours proposed to be established at the conclusion of the operation. The Board shall also require that copies of such survey, amended if necessary to conform with the decision of the Board, are filed with the Board prior to issue of permit.
H. 
No operation referred to in this chapter shall be conducted after 7:00 p.m. or before 8:00 a.m. nor at any time on Sunday, and, during the hours of operation, such shall be conducted without unreasonable noise.
I. 
Prior to the issuance of a permit under this section, the person, firm or corporation to whom such permit is to be issued shall furnish to the Town of Somers a penal bond and a performance bond. Each bond shall be issued by a bonding or surety company approved by the Town Board, or by the owner or owners of the property involved with security acceptable to the Town Board, and such bond shall also be approved by the Town Board as to form, sufficiency and manner of execution. Each of said bonds, including any renewal or renewals or increases or decreases as hereinafter provided, shall be in an amount determined by the Town Board. In each case, the Board of Appeals shall report to the Town Board its recommendation as to the amount of each bond and the reasons therefor. In no event shall the penal bond be less than $1,000 per acre of land included in the permit. The amount of any bond may be increased or reduced, from time to time by the Town Board, after public hearing by the Board of Appeals and its recommendation with respect to the amount thereof, as aforesaid, upon the same notice as required upon the original hearing or such additional notice as the Board of Appeals may require.
J. 
Excavations for the construction of a wall, building or part thereof; customary appurtenances to a farm or dwelling, including a cellar, well, pond or pool; farming; or topsoil to be used within the Town of Somers for the improvement of residential property therein shall be deemed permitted uses and shall not require the issuance of a special exception use permit under this section.
[1]
Editor's Note: See also Ch. 94, Excavations.
[Added 6-29-1972]
A special exception use permit may be granted, by the Board of Appeals, in any district, after public hearing, for the bottling and sale of springwater, on a lot of five or more acres.
A. 
A special exception use permit may be granted, after the public hearing, by the Board of Appeals, in any district for the establishment and/or operation of a bona fide nonprofit club (other than the operation of an outdoor shooting range for rifle, pistol, revolver or for skeet or trap shooting with shotguns) subject and pursuant to the standards prescribed in § 170-106 of this chapter. The Board of Appeals may require notice of such hearing to be given by mail to the owners of property, as shown on the latest completed assessment roll, within such distance as may be determined to be reasonable and necessary by the Board of Appeals.
B. 
At all reasonable times, the Building Inspector may visit and inspect the club property, the membership list, register of guests and all other relevant books, records and accounts of the club for the purpose of determining whether the club is being operated in compliance with this chapter and as a bona fide nonprofit organization for the purposes stated in its certificate of incorporation as approved by the Board of Appeals.
C. 
In no event shall any permit be issued unless such property is owned either by the club or by a stock corporation organized and existing under the laws of the State of New York, all of the stock of which is owned by the club.
[Amended 8-9-1960]
D. 
The term "club" shall be limited to a nonprofit corporation, organized and existing under the Membership Corporations Law or the Benevolent Orders Law of the State of New York or such other statute of the State of New York as may authorize its incorporation as a bona fide nonprofit corporation. No officer, member or employee of the club shall receive or may be lawfully entitled to receive, directly or indirectly, any pecuniary profit from the operation thereof, except reasonable compensation for services in effecting one or more of the purposes of said club as stated in said certificate of incorporation.
E. 
No social or recreational building or other facility shall be erected or operated by any club except in compliance with the following regulations:
(1) 
Any ballroom, gymnasium, locker room, bowling alley, swimming pool or ground for outdoor games or sports (other than those prohibited in the first subsection hereof) shall be located at such distance from any lot line as the Board of Appeals finds necessary in a particular case but in no case less than 100 feet.
(2) 
That, wherever the County Health Code is applicable, the County Department of Health shall certify that such installations comply with applicable codes and regulations.
(3) 
That there is provided not less than one off-street parking unit (PU) for each two members of a golf, swimming or country club and one parking unit (PU) for each five members in other clubs or lodges.
F. 
None of the above provisions of this section shall apply to fire companies, community associations or clubs which regularly meet in churches or schools.
[Added 8-9-1960]
For the purpose of promoting the health, safety, morals and general welfare of the community, the Town Board hereby declares it to be the policy of the Town of Somers and the purpose and intent of this chapter to encourage the preservation of open space areas, subject to the standards and guides set forth in § 170-106 of this chapter, and, in furtherance thereof, it is hereby provided as follows:
A. 
A special exception use permit may be granted, after public hearing, by the Board of Appeals, in any district for the establishment and operation of a golf course, subject to the aforesaid standards and guides. The Board of Appeals may require notice of such hearing to be given by mail to the owners of property, as shown on the latest completed assessment roll, within such distance as may be determined to be reasonable and necessary by the Board of Appeals.
B. 
The special exception use permit, in addition to providing for the establishment, operation and maintenance of a golf course, may provide for accessory uses, including a clubhouse, tennis courts, swimming pool and other recreational buildings and facilities such as are normally incident to the operation of a golf course, provided that such accessory uses shall in no event be established, operated or maintained nearer than 50 feet from the property line of the premises covered by the permit or such greater distance as the Board of Appeals may prescribe.
C. 
The minimum area of the premises for which the permit is issued shall not be less than 125 acres or such greater area as the Board of Appeals may prescribe.
D. 
The golf course shall be so operated as reasonably to safeguard the peace, welfare and comfort of neighboring residents and their places of residence.
E. 
All installations and operations shall be subject to the rules, regulations and orders of any public officer, commission or body having jurisdiction.
F. 
One off-street parking unit (PU) for each two users of the golf course and accessories shall be provided, unless otherwise prescribed by the Board of Appeals.
G. 
At all reasonable times, the Building Inspector may visit and inspect the property, the register of users and all other relevant books, records and accounts for the purpose of determining whether the golf course is being operated in compliance with this chapter.
H. 
A plot plan shall be submitted with each application showing the location, size and extent of the golf course and all accessory uses, which plot plan shall be subject to review by the Board of Appeals.[1]
[1]
Editor's Note: Original Section 72.02, Designed Residential Developments, which followed this section, added 6-29-1972, was repealed 9-9-1976. Current provisions are contained in § 170-12.
[Amended 7-9-1992 by L.L. No. 12-1992]
A special exception use permit may be granted by the Zoning Board of Appeals to permit hospitals and skilled nursing facilities. It is the specific purpose and intent of this provision to promote the health, safety and general welfare of the community and to provide the opportunity for the development of health care facilities at a scale that relates directly to the needs of Somers residents and at locations consistent with the objectives and policies of the Town Comprehensive Plan. To help achieve these goals, the issuance of a special exception use permit shall be subject to the following conditions in addition to the general standards and requirements applicable to special exception use permits as set forth in § 170-106 of this chapter:
A. 
Lot location and size. The site of a hospital or skilled nursing facility shall have frontage on or direct access to a New York State highway as identified on the Town Master Plan Map and shall have a lot area of not less than 10 acres.
B. 
Density. The maximum permitted density shall not exceed one patient bed for each 7,000 square feet of lot area.
C. 
Coverage. Building coverage, including accessory buildings, shall not exceed 10% of the site area. Site coverage shall not exceed 25% in a residence district and 60% in any other district.
D. 
Yard requirements. No building shall be located within 250 feet of any street or property line. Yard requirements may be varied by the Zoning Board of Appeals in the case of conversions of existing structures. Off-street parking shall not be located within 250 feet of any street or property line abutting land located in a residence district and within 50 feet of a property line abutting land in any other district.
E. 
Other requirements. Uses permitted under this provision shall be licensed by and meet all applicable standards and regulations of federal, state or county regulatory agencies.
[Amended 7-9-1992 by L.L. No. 12-1992]
A special exception use permit may be granted by the Zoning Board of Appeals to permit congregate housing facilities for the elderly. It is the specific purpose and intent of this provision to promote the health, safety and general welfare of this community and provide diverse housing options through the development of congregate housing at a scale that relates to characteristics of Somers' population and on sites that relate to provision of necessary services consistent with the objectives and policies of the Town Comprehensive Plan. Furthermore, it is the purpose and intent of this provision to provide for the construction of quality care facilities that are subject to regulation by the State of New York, that provide full protection for residents and that are not limited to the wealthier segments of the elderly population. To help achieve these goals, the issuance of a special exception use permit shall be subject to the following conditions in addition to the general standards and requirements applicable to special exception use permits as set forth in § 170-106 of this chapter:
A. 
Lot location and size. The site of a congregate housing facility shall have frontage on or direct access to a New York State highway as identified on the Town Master Plan Map, shall relate to locational and need criteria and policies established for such uses in the Town Master Plan and shall have a lot area of not less than 10 acres.
B. 
Density. The permitted density shall not exceed seven congregate dwelling units per acre. No one facility shall consist of more than 175 units.
C. 
Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the site area. Site coverage shall not exceed 45% in a residence district and 60% in any other district.
D. 
Yard requirements. No building shall be located within 250 feet of any street or property line. Off-street parking shall not be located within 250 feet of any street or property line abutting land located in a residence district and within 50 feet of a street or property line abutting land in any other district.
E. 
Building layout. Two-thirds of the congregate dwelling units must be connected by enclosed passageways to the common central dining area. Buildings shall be designed so as to be consistent with the character of the surrounding neighborhood.
F. 
Support and common accessory services. All support facilities, functions and services shall be intended for the use and benefit of the residents of the congregate housing facility. Such services and facilities may include but are not limited to management offices, indoor and outdoor recreation, therapy and testing, entertainment, libraries, food preparation, dining, linen services, housekeeping, security, administration, nursing, banking, pharmacy, a maximum of two units for temporary lodging of guests, barbershops, beauty parlors and sales of sundries, personal articles, food and similar convenience products to residents.
G. 
Operation plan. The applicant for a congregate housing facility shall submit a preliminary operation plan identifying proposed services to be provided, staffing requirements and proposed leases or sale arrangements with residents. If congregate dwelling units are offered for sale, the preliminary operation plan must outline a procedure for resale of units. The preliminary operation plan shall include a policy on continuing care arrangements for residents who become unable to reside in the congregate housing facility due to changed physical or mental condition requiring long-term skilled nursing care. A statement shall be included detailing the nature and extent of regulation to be provided by the State of New York and County of Westchester with reference to statutes and laws as appropriate. Facilities not regulated by the State of New York shall not qualify for the special exception use permit. The operator of the congregate housing facility shall be required to submit an update of the operation plan and regulatory statement on an annual basis as a condition of the special exception use permit.
H. 
Low/moderate income units. No less than 10% of the congregate dwelling units shall be restricted in basic rent or sale price, exclusive of contract services. The design and approval of such units shall be based on application of the provisions of § 170-13A(16).
I. 
Parking. Parking shall be provided in the ratio of one parking unit per congregate dwelling unit, plus one parking unit per employee on maximum shift.
[Added 10-14-1993 by L.L. No. 8-1993[1]]
A. 
A special exception use permit may be granted by the Town Board permitting fund-raising and public service activities in an R-40 Zone.
B. 
The special exception use permit may be obtained only by a public service organization for the use of land owned by a public service organization. A permit may be granted for a period not to exceed one year. Fund-raising and public service activities shall not be made from any permanent building or structure, and the land on which the fund-raising and public service activities shall be conducted shall be substantially vacant. The sale shall be conducted by members of the public service organization for the benefit of the organization or by designees of the public service organization under the supervision of the members and not by an outside vendor.
C. 
The application for a special exception use permit shall be made in sufficient time that proceedings and hearings may be conducted and completed at least one month prior to the fund-raising and public service activities, but this time period may be adjusted by the Town Board for good cause shown. The public service organization shall be domiciled in the Town of Somers, and its primary purpose shall be to serve Town residents. The fund-raising and public service activities to be conducted shall be fund-raising and public service activities principally serving the Town of Somers and may include but shall not be limited to the following activities: sale events, seasonal sales, barbecues, clambakes, bow shoots, circus events, amusement rides and sporting events.
D. 
The site of the fund-raising and public service activities shall have frontage on a state road, and not less than 10 off-street parking spaces shall be provided during the activities. Additional parking beyond the ten-space minimum may be required based on the nature and duration of the activities to be conducted.
E. 
Adequate facilities shall be established by the permittee for sanitation and waste disposal. The site shall be promptly restored after the fund-raising and public service activities to its previous condition before the activities.
F. 
Traffic shall be regulated in the area immediately adjacent to the premises, and parking shall be maintained in good order with adequate supervision as may be further prescribed by the Chief of Police.
G. 
Lighting on the premises shall be arranged so as not to interfere with the reasonable use of adjoining property.
H. 
The Town Board shall establish hours of operation such that the use will not interfere with the reasonable use of adjoining property.
I. 
The Town Board may add such other conditions as it may, in its discretion, deem appropriate in the circumstances to reasonably protect the health, safety and welfare of the Town.
J. 
No site plan approval by the Planning Board shall be necessary.
[1]
Editor's Note: This local law supersedes former § 170-67, Seasonal decoration sales, added 6-10-1993 by L.L. No. 5-1993.
[1]
Editor's Note: Former § 170-68, Private kennels, was repealed 3-12-1992 by L.L. No. 4-1992.
[Added 8-12-1976]
A. 
A special exception use permit may be granted, after public notice and hearing by the Board of Appeals, in any district for the purpose of keeping domestic animals of a type or in excess of those specified in § 170-11, subject and pursuant to the standards prescribed in Subsection B below and § 170-106 of this chapter. The Board of Appeals shall require public notice of such hearing to be given by mail to all the owners of property as shown on the latest completed assessment roll, within a distance of 500 feet of the premises described in the application.
B. 
The applicant must declare the maximum number and type of domestic animals to be permitted and present a map of his property and attest to the following:
(1) 
Housing for the animals shall be provided.
(2) 
No building used for human habitation shall be used to house domestic animals.
(3) 
All housing used for animals shall be neat, well constructed and maintained and conform to generally accepted housing standards for each type of domestic animal.
(4) 
No building used for animals shall be closer than 30 feet to any property line or 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 100 feet from any adjacent property residence.
(6) 
Mature cockerels may be permitted when it can be demonstrated that adequate safeguards have been taken so as to ensure that there will be no disturbance to neighboring residences.
(7) 
If manure is to be stored in a pile, such pile shall not be closer than 100 feet from any property line and must be covered by at least two inches of soil at weekly intervals. If such area is not available, manure shall not be stored on the site and must be removed from the property at regular established schedules.
(8) 
The size of the fenced area shall be in conformance with generally accepted standards for each type of animal requested. All animals must be generally maintained within said fenced area, and in no case may animals be permitted to wander unattended outside of such fenced-in areas.
(9) 
All food for animals shall be stored in rodentproof containers.
C. 
In general, the Board of Appeals may permit the keeping of:
(1) 
Small animals, such as poultry and domestic animals of similar size, to a maximum of 12 on lots of a minimum of 40,000 square feet and a maximum of 18 on lots of a minimum of 80,000 square feet.
(2) 
Medium animals, such as goats, sheep and domestic animals of similar size, to a maximum of two on lots of a minimum of 40,000 square feet, plus two medium animals per acre in excess of one acre.
(3) 
Large animals, such as horses, cows and domestic animals of similar size, to a maximum of two on lots of a minimum of 80,000 square feet, plus one additional animal per acre in excess of two acres.
D. 
Under special circumstances, such as terrain orientation and location of lots and residences, the Board of Appeals may allow more or less animals.
E. 
Under no circumstance may swine or dangerous animals, such as poisonous snakes, mink or similar animals, be permitted.
F. 
All such permits granted by the Board of Appeals shall be for a period not exceeding one year, but may, upon request of the applicant in the original application, be thereafter automatically extended indefinitely by the Board of Appeals on a month-to-month basis until not renewed as hereinafter provided.
G. 
As a condition of a permit, under initiation of the Building Inspector, the Board of Appeals shall reconsider the permit or conditions of the permit at its next regularly scheduled public meeting and, if appropriate after public notice and hearing, not renew any permit it deems appropriate. The Board of Appeals may set any further conditions or limitations which in its opinion are required and not in conflict with § 170-106 of this chapter.
[Added 8-12-1982; amended 7-9-1992 by L.L. No. 11-1992; 5-18-1995 by L.L. No. 2-1995]
A special exception use permit may be granted by the Zoning Board of Appeals to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small rental housing units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old, and of relatives of families presently living in Somers. Furthermore, it is the purpose and intent of this provision to allow the more efficient use of the Town's existing stock of dwellings and accessory buildings, to provide economic support for present resident families of limited income and to protect and preserve property values. To help achieve these goals and to promote the objectives of the Town Development Plan, the issuance of a special exception use permit shall be subject to the following conditions, in addition to the general standards and requirements applicable to special exception use permits as set forth in § 170-106 of this chapter:
A. 
The property and principal and accessory structures thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located unless a variance therefor shall have been granted by the Zoning Board of Appeals.
B. 
An accessory apartment may be located within the principal dwelling building or in an accessory building, provided that such principal or accessory building was constructed or issued a building permit prior to April 1, 1992.
C. 
The minimum size one-family building lot on which an accessory apartment may be located is 40,000 square feet. An accessory apartment may be permitted on a one-family lot with a smaller area only if, in the opinion of the Zoning Board of Appeals, an accessory apartment can be adequately accommodated within the existing principal dwelling building and it will not overburden the property. In no event shall an accessory apartment be permitted in an accessory building on a lot with an area of less than 40,000 square feet.
D. 
The owner of the one-family lot upon which the accessory apartment is located shall occupy and maintain as his legal residence at least one of the dwelling units on the premises.
E. 
The minimum floor area for an accessory apartment shall be 300 square feet and have a maximum floor area of 800 square feet. Each accessory apartment shall contain not more than one bedroom unless, in the opinion of the Zoning Board of Appeals, a second bedroom can be adequately accommodated within the existing building and will not overburden the property and the building was issued a certificate of occupancy prior to April 1, 1992. The Zoning Board of Appeals shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of the special exception use permit application.
F. 
There shall be no more than one accessory apartment permitted per one-family building lot.
G. 
If an accessory apartment is located in the principal dwelling building, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the appearance of the building will remain as a one-family residence.
H. 
Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling building or the conversion of an existing accessory building to an accessory apartment use, approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Westchester County Department of Health and shall be further subject to engineering review by the Town.
I. 
No less than one off-street parking space shall be provided per accessory apartment, plus one additional space for units having more than one bedroom.
J. 
A special exception use permit for an accessory apartment shall be valid for a period of seven years or until six months after a transfer of title of the property, whichever occurs earlier. A permit may be renewed by the property owner upon application to the Zoning Board of Appeals. Within six months after a transfer of title, the new property owner may apply to renew the special permit. The Zoning Board of Appeals may extend a special permit for an additional period of six months following a transfer of title pending a determination on a renewal application. Action by the Zoning Board of Appeals to renew the permit for an additional term as set forth above shall not be taken until the Building Inspector conducts an inspection of the subject property and advises the Zoning Board of Appeals that the property continues to be in compliance with all conditions of the permit.
K. 
The premises in which an accessory apartment is proposed to be located shall be inspected by the Building Inspector upon the application for a special permit and prior to the approval of the special permit. Each accessory apartment established as a special exception use shall be subject to inspection by the Building Inspector at any time. A finding of noncompliance with any condition or term of the permit shall result in revocation of the permit.
L. 
A copy of the original special exception use permit and of each renewal permit, signed by the owner of the subject property, shall be filed in the office of the Building Inspector within 30 days of approval of the permit. The permit shall list all applicable conditions and the term of the permit and, in addition, state that the permit shall become null and void if any conditions are not complied with and if the owner of the property ceases to occupy one of the dwelling units on the premises as his legal residence.
[Amended 11-12-2015 by L.L. No. 4-2015]
M. 
When, during the review of an application, the Zoning Board of Appeals finds that significant site work will be required to increase parking areas, to enlarge subsurface sewage disposal areas or to otherwise alter physical site conditions, the Board shall condition the issuance of the special exception use permit on the applicant obtaining site plan approval by the Planning Board. In all other situations, site plan approval by the Planning Board shall not be required.
N. 
An applicant for an accessory apartment special exception use permit to legalize an existing accessory apartment which does not have a special permit shall be charged an application fee in the amount of three times the regular application fee commencing for applications filed on or about April 1, 1996.
O. 
The Zoning Board of Appeals shall be authorized to deny an application for an accessory apartment special exception use permit if the application does not meet the criteria set forth in this section or in § 170-106 or for the following reasons:
(1) 
The proposed use is not in the public interest, will create undue fire or traffic hazards, impair the character of the neighborhood or adversely affect property values or the layout and design of the use is not reasonably in keeping with the character of neighboring structures or would tend to undermine the stability of the area and taxes therefrom.
(2) 
The special permit use sought will not reasonably serve the public health, safety and general welfare or reasonably promote the purpose and intent of this section.
(3) 
The disadvantages of granting of special permit outweigh the benefits connected with the same.
[1]
Editor's Note: Former § 170-71, Dumping of waste materials for regrading or landscaping only, was repealed 3-12-1992 by L.L. No. 4-1992.
A special exception use permit may be granted, after a public hearing, by the Board of Appeals, in any district for the establishment and maintenance of a temporary portable stand or structure between May 1 and November 30 only for the sale of only such agricultural products as have been grown on the same land, provided that:
A. 
Any such structure is distant at least 75 feet from any side or rear lot line and at least 40 feet from any street line.
B. 
Not less than 10 off-street parking units are provided in connection therewith.
C. 
Such structure shall be taken down and stored by December 5 of each year.
[1]
Editor's Note: Former § 170-73, Sales, accounting and general offices, was repealed 3-12-1992 by L.L. No. 4-1992.
On a lot of 100 acres or more, a special exception use permit may be granted, after a public hearing, by the Board of Appeals, in any district for an institution of higher learning, including a university, college, junior college, seminary and convent with its service and administration buildings, dormitories, fraternity and sorority houses and customary indoor and outdoor recreation facilities, such as playfields and stadiums and gymnasiums, provided that:
A. 
No such recreation facility structure or area shall be nearer to any property line or street line than 200 feet.
B. 
Each such recreation facility shall be operated primarily as an adjunct to some cultural, social or athletic activity of such institution and shall not be leased or otherwise operated for gain.
[1]
Editor's Note: Former §§ 170-75, Institutions for scientific research, 170-76, Training schools, 170-77, Commercial research laboratory, 170-78, Processing of small parts, 170-79, Plant for light manufacturing, added 11-14-1967, and 170-80, Private dumps, were repealed 3-12-1992 by L.L. No. 4-1992.
[Added 7-9-1968]
The Board of Appeals, after public hearing, may issue a special exception use permit for a riding academy on a lot of not less than 12 acres, subject to the following conditions:
A. 
Not more than one horse per acre to be quartered on said premises.
B. 
No building or structure for animal use shall be erected or maintained within 200 feet of a street or property line.
C. 
No riding range or bridle paths to be allowed within 100 feet of a street or property line.
D. 
No storage of manure or other odor- or dust-producing substance to be allowed within 200 feet of a street or property line or within 50 feet of any body or stream of water.
E. 
A paved access road to be provided from the barns or renting offices to a public highway.
F. 
Exterior lighting and public-address systems shall be such as to avoid nuisance to adjacent landowners.
G. 
Sale of food to the public to be prohibited but nonalcoholic beverages may be dispensed.
[1]
Editor's Note: Former § 170-81.1, Timber harvesting, added 10-11-1990 by L.L. No. 3-1990, as amended 9-10-1992 by L.L. No. 13-1992, was repealed 5-12-1994 by L.L. No. 2-1994.
[Added 11-12-1992 by L.L. No. 17-1992]
A special exception use permit may be granted, after public hearing, by the Zoning Board of Appeals for the establishment and operation of a day camp. It is the specific purpose and intent of this provision to promote the health, safety, morals and general welfare of the community, to encourage the preservation of open space and to provide for the recreational needs of the youth of the community. To help achieve these goals and to promote the objectives of the Town Comprehensive Plan, the issuance of a special exception use permit shall be subject to the following conditions in addition to the general standards and requirements applicable to special exception use permits as set forth in § 170-106 of this chapter:
A. 
Notice. The Zoning Board of Appeals shall require notice of public hearing to be given by mail to all adjacent owners of property, as shown on the latest completed assessment roll, and those within such distance as may be determined to be reasonable and necessary by the Zoning Board of Appeals but in no event less than 500 feet from the perimeter of the property line of the premises.
B. 
Uses. The special exception use permit may provide for accessory uses, including athletic camp fields, tennis and racquetball courts, swimming pools and other recreational buildings and facilities such as are normally incident to the operation of a day camp.
C. 
Lot location and size. The site of a day camp shall physically relate to the scope of planned activities, have safe access from a public road, have property lines no closer than 3,000 feet to the nearest property line of the site of an existing day camp and have a lot area of not less than 10 acres.
D. 
Density. The Zoning Board of Appeals shall find that the proposed number of campers can be accommodated on the site. There shall be no more than 25 campers per gross acre. In any event, no one day camp shall be permitted to accommodate more than 600 campers at one time.
E. 
Coverage. Building coverage, including accessory buildings, shall not exceed 15% of the site area. Site coverage shall not exceed 45% in a resident district and 60% in any other district.
F. 
Yard requirements. No building or recreation facility including swimming pools and tennis and racquetball courts shall be located within 100 feet of any street or property line, except if agreed to by the adjoining landowner. No land within 50 feet of any street or property line shall be used for outdoor recreation, including grass athletic fields and picnic areas. Off-street parking shall not be located within 50 feet of any street or property line abutting land located in a residence district and within 25 feet of a street or property line abutting land in any other district. The restrictions contained herein shall not prevent the continued use of any building, recreational facility, outdoor recreation area or off-street parking area which was used for such purpose at the time of adoption of this section.
G. 
Landscaped strips and shrubbery screens. Camp facilities shall be screened from any adjoining residential properties by landscaped strips not less than 10 feet wide, on which there is a shrubbery screen not less than five feet wide and three feet high and of which 1/2 of the shrubs shall be evergreens. The layout and planting of such strip shall be pursuant to a layout plan preapproved by the granting authority as to adequacy of shrubbery and permanence of cover. The granting authority may permit a waiver or other modification of this landscaped strip and shrubbery screen requirement, provided that it finds that, due to the size of the buffer area, the nature of the topography and/or the extent of existing vegetation, adequate screening will be achieved without it.
H. 
Camp layout. Camp facilities shall be designed so as to be consistent with the character of the surrounding neighborhood and operated so as to reasonably safeguard the peace, welfare and comfort of neighboring residents and their places of residence.
I. 
Operation plan. The applicant for a day camp shall submit a preliminary operation plan identifying proposed operations, hours, capacity and staffing requirements. A statement shall be included detailing the nature and extent of regulation to be provided by the State of New York and County of Westchester, with reference to statutes and laws as appropriate. The operator of the day camp shall be required to submit an update of the operation plan and regulatory statement on an annual basis as a condition of the special exception use permit.
J. 
Hours of operation. The day camp operating season shall be established by the Zoning Board of Appeals but shall in no event commence earlier than June 1 nor extend later than September 15. The hours of operation of the day camp, including ground and other maintenance activities, shall be established by the Zoning Board of Appeals but shall in no event extend longer than 12 hours per day.
K. 
Parking. Parking shall be provided in the ratio of one parking unit per employee unless a greater or lesser number is found by the Zoning Board of Appeals to be warranted based on review of the operation plan. Safe and adequate off-street loading and unloading areas shall be provided for buses and passenger cars.
L. 
Exterior lighting. Exterior lighting shall be of such a nature as to minimize interference with the rights of adjoining landowners.
M. 
Public address systems. The use of public address systems which are audible on adjacent parcels shall be prohibited except for reasonably necessary emergency and safety purposes, subject to terms and conditions pursuant to a plan preapproved by the granting authority. Such terms and conditions and plan shall be specified within the language of the permit; provided, however, that such plans seek to minimize the ability to hear such emergency and safety uses off the subject premises to the greatest extent practicable.
N. 
Site plan. The review and approval of a site plan by the Planning Board shall be made a condition of the issuance of a special exception use permit. The Zoning Board of Appeals may require the submission of a site plan and request review and comment of the Planning Board prior to taking action on an application for a day camp special exception use permit.
O. 
Inspection. At all reasonable times, the Building Inspector may visit and inspect the property and all relevant books, records and accounts for the purpose of determining whether the day camp is being operated in compliance with this section.
P. 
Other requirements. As otherwise required by law, uses permitted under this provision shall be subject to the laws, rules, regulations and order of any public office, commission or body having jurisdiction as a condition of the special exception use permit.
The following uses normally incident to the special exception uses set forth in §§ 170-74 to 170-82 inclusive, are the only accessory uses permitted in relation to such special exception uses. No accessory building shall be in any front yard except as permitted in § 170-54, and the height of accessory buildings shall not exceed 12 feet in the case of flat roofs and 15 feet in the case of sloped roofs.
A. 
One-family dwellings for employees of a special exception use, provided that, if such dwellings are to be located within 250 feet of an adjoining residential district, the minimum lot area and other requirements of the district in which it is situated shall apply, and provided, further, that no such dwelling shall be less than 150 feet distant from any principal or accessory building of the principal use.
B. 
Restaurants, cafeterias, (but not including diners and similar facilities) for the use of employees and visitors and students in training schools, institutions of higher learning, institutions for scientific research and commercial research laboratories, provided that none shall be within 150 feet of any property line.
C. 
Lodgings for students, employees and visitors to such establishment.
D. 
Indoor and outdoor recreation facilities for the exclusive use of students and employees and their families, provided that all such facilities are at least 200 feet from any property line.
E. 
Identification signs as permitted in § 170-126 hereof.
F. 
A private garage for the storage and service of vehicles owned by the owner of the principal use or students and employees thereof or visitors thereto, including the sale to them but not to the public generally of gasoline, oil and minor accessories. Such garage shall be exempt from the limitation as to number of vehicles contained in the definitions of "private garage" and "private commercial garage" in § 170-3, but shall be not less than 200 feet from any property line.
G. 
Central heating and power plant accessory to the principal use and the service of all structures on the premises and not less than 200 feet from any property line.
H. 
Maintenance and utility shops and storage facilities incident to the principal use.
I. 
Parking lots for executives, employees and visitors, provided that none shall be nearer than 25 feet to any property line and if adjacent to any street or residential district shall be suitably screened as provided in § 170-34 hereof.
J. 
Private theater, auditorium, motion-picture theater, radio or television studio, none of which shall be operated for profit, provided that parking facilities therefor as required by §§ 170-33 and 170-36 shall be at least 100 feet distant from any street or other property line, and that the seating capacity of any such accessory use shall not exceed three seats for each available off-street parking space on the same property, and provided, further, that no parking shall be permitted on any access driveway leading thereto unless such driveway is a one-way driveway with a width of at least 20 feet, and provided, further, that no parking shall at any time be permitted on nearby streets in front of other properties.