Town of Yorktown, NY Permitted Special Uses

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.

§ 300-29 Required map and plans.

[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.

§ 300-30 Application for special use permit.

[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.

§ 300-31 Referral of applications to Planning Board.

The Zoning Board of Appeals may refer to the Town Planning Board, for report, any special permit application.

§ 300-32 Expiration of special permits.

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.

§ 300-33 Revocation of special permits.

[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.

§ 300-34 Conditions and safeguards.

[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.

§ 300-35 Existing violations.

No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

§ 300-36 Standards applicable to all special uses.

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.

§ 300-37 Individual standards for special uses.

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. Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business Zone Standards. 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.

§ 300-38 Accessory dwelling units in single-family homes.

[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.

(d) Initial application fee of $50 and $100 for each renewal, provided that no changes are made.

(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 certified or registered mail, return receipt requested. Proof of such mailings shall be presented at the public hearing.

[Amended 6-4-1996 by L.L. No. 6-1996]

(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:

(a) The use will not restrict the use of adjacent properties.

(b) The use will not adversely affect the character of the neighborhood. The following criteria shall be given consideration in the determination of whether or not the proposed use adversely affects the character of the neighborhood:

[1] Impact upon neighboring property values;

[2] Traffic generation by the proposed use; and

[3] If the proposed use endangers the health, safety or general welfare of the neighborhood or the community. Editor's Note: Former Subsection D(2)(d) was repealed 6-4-1996 by L.L. No. 6-1996.

(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.

E. In considering the legalization of an existing accessory unit created before February 15, 1983, the Zoning Board may waive some or all of the required standards listed in Subsections B(1), (3), (4) and (5).

F. The standards and provisions of all special uses as provided for in §§ 300-28, 300-33, 300-34, 300-35 and 300-36 shall be applicable to this special permit procedure to the extent that the same are not inconsistent herewith.

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.

[Added 6-5-1984 by L.L. No. 6-1984; amended 6-4-1996 by L.L. No. 6-1996 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]

§ 300-39 Affordable housing.

[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 existing affordable housing.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABLE HOUSING: A residential dwelling unit made available for sale or rent at a price established in conformance with the provisions hereof. Only units which have been established as affordable as of August 17, 1994, shall be subject to the provisions of this section.

AGGREGATE INCOME: 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 with the earliest date of receipt of the preapplication. If 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.

(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.

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:

(a) The lessee or sublessee meets the conditions established herein for initial occupancy of affordable housing.

(b) The rent charged is in accordance with the provisions and intent of this section.

(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 1.5 persons per bedroom, and calculating the mortgage based on 95% 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.

(3) Sales price. The price established by the YCHB in accordance with the foregoing shall be the maximum resale price. Should no buyer 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.

(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 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." The maximum rents shall be the Low HOME rent, if the unit size is less than 120% of the minimum floor area as specified in Subsection E(4)(c) below. If the gross square feet of the unit is 120% or more of the minimum floor area, the maximum rent shall be the High HOME rent.

	Dwelling Unit Size of Rental Unit	Minimum Gross Floor Area (square feet)
	Efficiency	450
	1 bedroom	675
	2 bedrooms	800
	3 bedrooms	1,000

(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 or the High HOME rent if applicable as described in Subsection E(4)(b) of this section. 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.

(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.

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.

(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.

§ 300-40 Bus passenger shelters.

[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.

§ 300-41 Camps and day camps.

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.

§ 300-42 Nursing homes.

[Amended 10-7-1997 by L.L. No. 16-1997]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

NURSING HOME: (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 Editor's Note: See § 2807-a et seq. of the Public Health Law. 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.

RESIDENT or NURSING HOME RESIDENT: 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.

RESIDENT CARE UNIT or NURSING UNIT: 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.

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.

(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. Editor's Note: The Plan is on file in the Town offices.

§ 300-43 Drive-in theaters.

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.

§ 300-44 Exterior storage yards.

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.

§ 300-45 Farms, nurseries, greenhouses and cold storage.

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.

§ 300-46 Gasoline filling stations.

[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. Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business Zone Standards. 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]

(1) A gasoline filling station may identify itself, its brand and logotype using any of the following types of signs:

(a) No more than two canopy signs;

(b) One freestanding sign;

(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.

(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]

§ 300-47 Gatehouses, guesthouses and caretaker's cottages.

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.

§ 300-48 Golf driving ranges and miniature golf courses.

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.

§ 300-49 Hospitals.

[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. Editor's Note: See § 300-21, Schedule of Regulations, Appendix A, Residence Zone Standards, and Appendix B, Business Zone Standards.

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.

§ 300-50 Junkyards.

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.

§ 300-51 Limited office uses.

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.

§ 300-52 Motels, automobile courts or hotels.

[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:

A. For the purposes of § 300-155, a hotel use shall also be permitted; and

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.

§ 300-53 Day-care facilities.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

DAY-CARE CENTER: 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.

FAMILY DAY-CARE HOME: 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.

GROUP FAMILY DAY-CARE HOME: 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.

[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.

(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.

[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.

(d) Drop-off/pickup area.

[1] Each day-care facility 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.

(e) Off-street parking. Off-street parking shall be provided as per underlying zoning.

§ 300-54 Religious institutions, social, cultural, charitable and recreational nonprofit uses.

[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.

§ 300-55 Parochial, private elementary and high schools, colleges and seminaries.

A. A parochial or private elementary or high school or college or seminary 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.

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 off-street parking space shall be provided for each three seats. The Board of Appeals 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.

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 Board of Appeals 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.

I. The Board of Appeals 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.

§ 300-56 Private stables; dog kennels.

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.

§ 300-57 Public utility unit substation.

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.

§ 300-58 Public utility transmission lines.

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.

E. Any substations along such transmission lines shall be subject to the provisions of § 300-57.

§ 300-59 Wireless telecommunication services facilities.

[Amended 1-20-1998 by L.L. No. 4-1998]

A. Statutory authority and jurisdiction.

(1) This section is hereby enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law.

(2) The authority to issue special use permits pursuant to this section is hereby delegated to the Zoning Board of Appeals.

(3) Reference herein to the several zoning districts of the Town of Yorktown are references to such districts as described in Chapter 300 of the Code of the Town of Yorktown.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA ARRAY: 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.

COLLOCATION: 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.

HEIGHT: When referring to a WCF, the distance measured from ground level to the highest point on the WCF, including the antenna array.

SUPPORT STRUCTURE: 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.

WIRELESS TELECOMMUNICATIONS: 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.

WIRELESS TELECOMMUNICATION FACILITY (WCF): 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.

NIER: 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

(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.

(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) Escrow for review costs. The applicant shall be required to provide funds to an escrow account to allow the Zoning Board of Appeals to retain such technical experts as may be necessary 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, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Board.

(3) Application fee. Application to the Zoning Board of Appeals for a special permit under this section shall be accompanied by a fee of $625, plus postage charges to defray the cost of processing the review of the application.

(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.

§ 300-60 Tourist homes, boardinghouses and rooming houses.

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.

§ 300-61 Truck terminals; transfer and storage points.

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.

§ 300-62 Storage of commercial vehicles on residential property.

[Added 6-15-1993 by L.L. No. 17-1993]

A. Definitions. For the purpose of this section, words used are defined as follows:

COMMERCIAL VEHICLE: 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]

CONSTRUCTION AND SPECIAL-USE EQUIPMENT: 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]

LIMOUSINE: 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]

LIVERY: 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]

PARK or PARKING: 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.

RECREATIONAL VEHICLE: 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]

STAND or STANDING: 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.

STORE: To park, whether or not the vehicle is capable of being operated.

SUBURBAN VEHICLE: 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]

TRAILER: 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 will be $30.

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.

(4) (Reserved) Editor's Note: Former Subsection J(4), concerning the exemption for commercial suburban vehicles, was repealed 11-16-2010 by L.L. No. 14-2010.

(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.

L. Penalties. Violation of any part of this section or failure to comply with any and all conditions of the special permit granted by the Board shall constitute a violation punishable pursuant to § 300-198 of this chapter.

§ 300-63 Telephone exchange building.

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.

§ 300-64 Public telephone booths.

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.

§ 300-65 Retail sales space for farms, greenhouses and nurseries.

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.

§ 300-66 Commercial golf clubs and country clubs.

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.

§ 300-67 Watershed and water supply facilities.

[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.

§ 300-68 Conversion of dwellings to multiple dwellings, hotels and eating places.

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.

§ 300-69 Valet parking at banquet halls.

Editor's Note: Former § 300-69, Announcement and real estate signs, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

[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 of $612 is required at the time of filing an initial permit application, and a fee of $312 is required 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.

§ 300-70 Par-three golf course.

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.

§ 300-71 New and/or used car automobile sales.

[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.

(5) (Reserved) Editor's Note: Former Subsection B(4), regarding freestanding signs, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

(6) (Reserved) Editor's Note: Former Subsection B(5), regarding signs, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

(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.

(9) (Reserved) Editor's Note: Former Subsection B(9), regarding car signage, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

(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.

(12) (Reserved) Editor's Note: Former Subsection B(12), regarding moving visual, devices or banners, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

(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.

§ 300-72 Funeral homes.

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.

§ 300-73 Service of recreational, garden, home improvement items in commercial districts.

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:

A. The horsepower of any motor connected with this use shall not exceed 15 horsepower.

B. Outdoor storage areas shall be allowed only as shown on the approved plan.

C. Appropriate landscaping, as required and as shown on the submitted plan, is maintained.

§ 300-73.1 Temporary or seasonal sales in commercial and industrial districts.

[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.

§ 300-74 Volunteer ambulance facilities.

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.

§ 300-75 Warehouse or self-storage uses in retail shopping centers.

Editor's Note: Former § 300-75, Miscellaneous signs, was repealed 5-18-1999 by L.L. No. 7-1999. See now Art. XX, Signs.

[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 under the provisions of this § 300-75, provided that such self-storage warehouse operation complies with Subsections A, 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]

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.

§ 300-76 Professional office use in a residence.

[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.

(7) (Reserved) Editor's Note: Former Subsection B(7), pertaining to signs and other designations, was repealed 5-18-1999 by L.L. No. 7-1999.

(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.

§ 300-77 Amusement centers.

[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.

§ 300-78 Cemeteries.

[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.

D. Permitted uses. The only permitted uses within a cemetery shall be:

(1) Columbarium.

(2) Mausoleum.

(3) Cemetery office building, waiting room and toilets.

(4) Maintenance and storage building.

(5) Chapel.

(6) Graves.

E. Location. Graves shall not be permitted to locate:

(1) Within the one-hundred-year flood boundary, as defined by the Federal Emergency Management Agency.

(2) Within 100 feet of any body of water or boundary of a wetland.

(3) Where blasting would be required to excavate the same.

F. Procedure. A special use permit for a cemetery shall not be granted prior to:

(1) Approval of a site plan, by the Planning Board, processed pursuant to Article VII of Chapter 195, Land Development, of this Code.

(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.

§ 300-79 Self-storage centers.

[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.

§ 300-80 Sidewalk cafes.

[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.

(11) Design guidelines. All tables and chairs shall be uniform in color, material and style.

(12) Fees. Fees shall be $5 per seat per year.

(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.

§ 300-81 Adult entertainment use.

[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.

§ 300-81.1 Helistops.

[Added 6-5-2012 by L.L. No. 3-2012]

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:

A. Helistops shall be set back at least 250 feet from any property line or occupied building.

B. Takeoffs and landings shall be limited to the hours of 6:00 a.m. to 9:00 p.m.

C. The use of a helistop shall be limited to persons occupying or employed on the premises and their visitors and guests.

D. 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.

E. 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.

F. 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.

§ 300-81.2 Accessory outdoor recycling facilities.

[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.

D. Except as set forth in this § 300-81.2, all other standards in § 300-94 shall apply.