Village of Wappingers Falls, NY
Dutchess County
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§ 151-8 Applicability.

A. 
No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in accordance with this chapter.
B. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties, except as follows.
C. 
Where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than is imposed by easements, covenants or agreements or by public ordinances, rules, regulations, licenses, certificates or other authorizations, the provisions of this chapter are intended to prevail.
D. 
Except where an application is submitted for the purpose of curing existing violations or will result in the curing of existing violations, no application under this chapter shall be accepted, processed or considered where there is an existing violation of any provision of the Village Code.
[Added 12-10-2008 by L.L. No. 7-2008]
E. 
No application under this chapter shall be accepted without proof that the taxes, water and sewer bills, garbage bills, fines due and payable to the Village Justice Court and all other fees or fines payable to the Village for the property subject to the application are paid in full.
[Added 12-10-2008 by L.L. No. 7-2008]

§ 151-8.1 Greenway connections.

[Added 3-14-2001 by L.L. No. 3-2001]
Local Law No. 3 of the Year 2001 the Village of Wappingers Falls has adopted Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles and guides to supplement other established land use policies in the village. In its discretionary actions under this Zoning Code, the reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.[1]
[1]:
Editor's Note: See also Ch. 17, Greenway Connections.

§ 151-9 General regulations.

The following regulations shall apply in all zoning districts.

§ 151-10 Buildings, uses and lots.

A. 
Lot for every building. Every building hereafter erected shall be located on a lot, as herein defined.
B. 
Required street frontage. No permit shall be issued for any land use or structure unless the lot upon which such land use is to be established or structure is to be built has the required frontage on a street or highway, as defined herein, which street frontage provides the actual access to such land use or structure and which street or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 7-736, paragraph 2 of the Village Law.
C. 
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on any other lot.
D. 
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the establishment of a land use or the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
E. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements shall be applied.
F. 
New buildings on lots having less than the minimum area. A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of this chapter, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot lies, provided that:
(1) 
All yard setbacks and other requirements which are in effect at the time of the obtaining of said permit are complied with.
(2) 
The owner of such a lot did not own other lots contiguous thereto at the time of the adoption of this chapter. If the latter is the case, such other lot, or so much thereof as may be necessary, shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. Where the required area or dimensions of lots are changed by an amendment to this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon within the limits of the two conditions mentioned above in this subsection.
(3) 
Where a special permit is required under the Schedules of Regulations (§ 151-16), the lot is of sufficient size and dimensions to meet the requirements determined by the Zoning Board of Appeals under § 151-17.
G. 
Parts of lot not counted towards area requirements. For any lot created by subdivision subsequent to the date when this chapter is adopted, no part of such lot less in width than 1/3 the minimum requirement for the district in which it is located shall be counted as part of the required minimum lot area.[1]
[1]:
Editor's Note: Former Subsection H, which immediately followed this subsection and dealt with two or more uses on the same lot, was deleted 2-12-1997 by L.L. No. 3-1997.

§ 151-11 Yards; building projections.

A. 
Projections into yards.
(1) 
The following features may extend into any required yard, not to exceed the distance specified:
(a) 
Cornices, canopies, eaves or any similar features, none of which is less than 10 feet above grade: two feet six inches.
(b) 
Open fire escapes: four feet.
(c) 
A chimney: 18 inches.
(d) 
Terrace or uncovered porch with its floor level no higher than that of the entrance to the building: six feet.
(2) 
No fire escape on a dwelling converted to or used for multifamily occupancy shall be constructed on the front or side thereof which faces on a street.
B. 
Fences and walls. The yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall if such fence or wall does not exceed six feet in height and does not conflict with the standards in Subsection D.
C. 
Corner lots. On a corner lot, the required side yard abutting a street shall be at least equal to the required front yard. A rear yard shall be provided on each corner lot and the property owner shall elect which yard, not abutting a street, is the rear yard.
D. 
Visibility at intersections. On any corner lot, except in a business or industrial district, no building, fence, wall or other structure, hedge or other planting more than three feet in height, other than posts, columns or trees separated by not less than six feet from each other, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining points on said lines 25 feet from such intersection.
E. 
Exception for existing alignment of buildings. The depth of a front yard in any residence district may be reduced below that required in the Schedules of Regulations (§ 151-16) to the average depth of the front yards of the dwellings on adjoining lots on each side or, if there are no such adjoining dwellings, to the average depth of the front yards of the nearest dwellings on the same side of the street within 500 feet.
F. 
Courts. The least horizontal dimension of any court, at any level, shall not be less than the height of any vertical wall forming part of such court above the sill of the lowest window served by such court, but not less than 20 feet in any case.
G. 
Increased side yard width. Where a structure exceeds 50 feet in length along a side yard, the required side yard shall be increased one foot in width for each 10 feet of additional building length or fraction thereof.
H. 
Swimming pools. All swimming pools shall be considered structures and shall be set back from lot lines at least the minimum distance required for accessory buildings.
[Amended 6-23-1971]
I. 
Projections above height limits.
(1) 
Chimneys, towers, gables, scenery lofts, church spires, cupolas, water tanks, similar structures and necessary mechanical appurtenances may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that they are not used for sleeping or housekeeping purposes or for any commercial purposes other than such as may be incident to the permitted use of the principal building. However, such structures and appurtenances shall be erected only to a height necessary to accomplish the purpose they are intended to serve, and they shall not cover at any level more than 20% of the area of the section of roof on which they are located. Such structures shall be enclosed with materials of type and design that will be in harmony with the materials and design of the building on which they are located.
(2) 
Height limitations shall not apply to water towers, stand pipes and monuments, when such structures are otherwise permitted by this chapter.
(3) 
In any district, a municipal building, school, place of worship or hospital may be erected to a greater height than permitted in the schedule (§ 151-16), provided that the front, side and rear yards shall be increased one foot for each foot by which such building exceeds the height limitation established for the district in which such building is located.

§ 151-12 Signs.

[Amended 12-11-1991 by L.L. No. 7-1991; 2-12-1997 by L.L. No. 3-1997; 1-9-2002 by L.L. No. 2-2002; 2-7-2007 by L.L. No. 2-2007]
The purpose of this section is to promote and protect the public heath, safety, and welfare by regulating signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment, enhance the Village's historic character, and improve the Village's ability to attract sources of economic development. This section is consistent with "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities."
A. 
Definitions. The following definitions apply to terms used in this section:
ABANDONED SIGN
A sign that no longer advertises an existing business conducted or product sold on the premises upon which such sign is located, or which promotes a dated event, the date of which has passed. A sign shall be considered abandoned if the business it advertises has not been in operation for 30 days.
ACCESSORY SIGN
A sign, no larger than two square feet in size, communicating information incidental to the conduct of business, such as "Open" and hours of operation.
[Amended 9-14-2011 by L.L. No. 7-2011]
AWNING
Any non-rigid material such as fabric or flexible plastic that is supported by a frame that is attached to an exterior wall.
AWNING SIGN
A sign or graphic printed on or in some fashion attached directly to the awning.
[Amended 9-14-2011 by L.L. No. 7-2011]
BILLBOARD
An off-premises sign which is leased or rented for profit.
CHANGEABLE-COPY SIGN
A sign or portion therof with characters, letters or illustrations that can be changed or rearranged manually without altering the face of the sign.
[Added 9-14-2011 by L.L. No. 7-2011]
FREESTANDING SIGN
Any sign not attached to or part of any building but permanently affixed, by any other means, to the ground.
HEIGHT
The height of a freestanding sign shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures and ornamentation. Elevation added by artificial beams, mounds or similar forms shall be excluded from the calculation of average grade.
[Amended 9-14-2011 by L.L. No. 7-2011]
INTERNALLY ILLUMINATED SIGN
A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering, or that shines between the sign and the building to which it is affixed as in "back lit" signs.
LIGHTING
External white light used to illuminate a sign.
MONUMENT SIGN
A freestanding sign either with a base affixed to the ground or mounted on short poles that are no greater than two feet in height.
[Amended 9-14-2011 by L.L. No. 7-2011]
NEON SIGN
A sign that uses a lighting device consisting of a transparent container within which a gas is energized by an applied voltage and thereby made to glow. Neon rope lighting shall be included in this definition.
OFF-PREMISE SIGN
A sign which promotes products, services or activities conducted, sold or offered somewhere other than upon the same premises where the sign is located.
PARTED SIGN
A freestanding or projecting sign in which the permitted sign area is divided into two or more parts which are connected to each other or are located on the same support and which share the same design features, as shown in Figure 1. A parted sign shall be considered a single sign.
[Added 9-14-2011 by L.L. No. 7-2011]
Figure 1: A Parted Sign
POLE SIGN
A freestanding sign with the base of the actual sign area at least five feet above the ground supported by a vertical pole.
[Amended 9-14-2011 by L.L. No. 7-2011]
PORTABLE SIGN
A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs displayed on a parked or moving vehicle or trailer or other vehicle where the primary purpose of the vehicle is to promote a product, service business, or other activity. This definition includes a vehicle hanging or displaying a banner sign whose primary purpose is for advertising. It does not apply to sandwich signs or signs or lettering on buses, taxis, or vehicles operating during the normal course of business.
POST-AND-ARM SIGN
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
POSTER
A sign affixed to trees, other natural vegetation, rocks, or utility poles.
PRIMARY SIGN
An establishment's principal sign, i.e., the sign which identifies the business to passersby.
PRINCIPAL FACADE
The face of a building that contains the primary entrance to the establishment.
PROJECTING SIGN
A sign attached to a building wall or structure that projects horizontally or at a right angle more than four inches from the face of the building.
ROOF SIGN
A sign erected on a roof or extending in height above the main roofline of the building on which the sign is erected.
SANDWICH SIGN
A portable sign which is ordinarily in the shape of an "A" or some variation thereof, and which may include a manually changeable message.
[Added 9-14-2011 by L.L. No. 7-2011]
SEASONAL SIGN
Any sign that is displayed for a specified period of time related to a seasonal business.
[Added 9-14-2011 by L.L. No. 7-2011]
SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
SIGN AREA
Includes all faces of a sign measured as follows:
(1) 
When any sign is framed or outlined, all of the area of the frame or outline shall be included and the sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;
(2) 
The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia;
(3) 
The area of a window sign consisting only of letters and symbols affixed or painted on glass shall be calculated as the smallest polygon or circle possible enclosing all of the letters and symbols.
TEMPORARY SIGN
Any sign that is displayed only for a specified period of time that is not a seasonal sign and is not permanently mounted.
[Amended 9-14-2011 by L.L. No. 7-2011]
WALL SIGN
A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than four inches from the face of the wall.
WINDOW SIGN
A sign visible from a sidewalk, street or other public place, affixed or painted on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
B. 
Permit required.
(1) 
A sign, as defined in this section, may be placed, erected, constructed, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this section and upon issuance of a sign permit from the Code Enforcement Officer.
(2) 
Unless specified otherwise herein, permanent signs require review and approval of the Planning Board. The Planning Board, within 30 days of its receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application and notify the Code Enforcement Officer of its decision on this matter. If the sign application is approved, the Code Enforcement Officer shall issue a sign permit.
C. 
Permit procedures. Any person desiring to procure a permit for a sign shall file with the Code Enforcement Officer a written application on a form prescribed by the Village, including payment of the applicable fee as outlined in Chapter A154, Fees, of the Village of Wappingers Falls Code. The sign permit application shall contain:
(1) 
Name, address, and telephone number of applicant and property owner.
(2) 
Location of the building, structure or land upon which the sign now exists or is to be erected and the location on the property where the sign is to be erected.
(3) 
Linear frontage of the building and zoning district in which the property is located.
(4) 
For permanent signs, a scaled drawing of the sign showing the following:
(a) 
Type of sign, shape, size, and materials.
(b) 
Graphic design, including lettering, pictorial matter, and sign colors with color swatches.
(c) 
The visual message, text, copy or content of the sign.
(d) 
The method of illumination, if any, including type of lamp, wattage, and the position of lighting or other extraneous devices.
(e) 
Landscaping, if any, including types of vegetation, location of plantings, and planting and maintenance schedule.
(5) 
If a new permanent sign is to be erected, or an existing permanent sign is to be altered in size or elevation, a plan, drawn to scale, shall be submitted showing the following:
(a) 
If a freestanding sign, a full description of the placement of the proposed sign, specifically its location on the premises, its orientation, its height, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls, and fences.
(b) 
If an awning, window, wall, or projecting sign, the placement of the proposed sign, which shall include: location on the awning, window, wall or building; the size of the awning, total window area of the principal facade, or linear footage of the building; projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.
(6) 
For all signs, if the applicant is not the owner of the property on which the sign is to be located, either written permission from the property owner to place the sign on the property or a copy of a contract or lease showing that the applicant has care, custody and control of the property on which the sign is to be located.
D. 
Exempt signs. The following signs are exempt from the permit requirements of this section:
(1) 
Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(2) 
Nonilluminated accessory window signs no more than two square feet in size. Total accessory window signs may not occupy more than 10% of the glass area or window in which they are displayed.
[Amended 9-14-2011 by L.L. No. 7-2011]
(3) 
Nonilluminated delivery identification signs posted on the rear door of a business establishment no more than two square feet in size. Such signs shall be limited to one per establishment.
(4) 
Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required, and displayed on the premises for sale or lease, provided such sign is located on the front wall of a building or, if freestanding, does not exceed six feet in height, and is not located nearer than 15 feet to any lot line or the edge of pavement of any street. All such signs shall not exceed four square feet in sign area per face, shall be limited to one per premises, and shall be removed immediately upon sale or lease of the premises.
(5) 
"For sale" signs located on a car, boat, trailer or other similar item of personal property offered for sale, where said sign is single-sided only, is no more than two square feet in size, and is limited to one per premises.
(6) 
Works of art that do not include a commercial message.
(7) 
Traffic or other municipal signs, legal notices, railroad crossing signs, danger and similar temporary emergency signs, signs that are solely devoted to prohibiting trespassing, hunting or fishing, the banner of a noncommercial public or semipublic agency used temporarily in connection with a campaign drive or event, and the sign, poster, flag, pennant or insignia of any government or any sign necessary for the exercise of First Amendment rights.
E. 
Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include but are not limited to:
(1) 
Off-premises signs, including billboards.
(2) 
Abandoned signs. Exceptions may be made if the sign is found to have historic merit as determined by an historic registry and/or the Village Historical Society.
(3) 
Roof signs.
(4) 
Portable signs.
(5) 
Internally illuminated signs in all residential districts and in the CB, NB, and OB Districts.
(6) 
Neon signs, except when used as an accessory sign, which shall require a permit. Neon accessory signs may be no more than one square foot in size, and may not be used in conjunction with the accessory signs exempted in § 115-12D(2).
(7) 
Signs with flashing, blinking, intermittent, or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use, except signs displaying time and/or temperature.
(8) 
Mounted or portable search lighting used to project moving or stationary overhead light beams.
(9) 
Signs that contain or consist of ribbons, balloons, streamers, spinners or similar moving, fluttering or revolving devices.
[Amended 9-14-2011 by L.L. No. 7-2011]
(10) 
Signs that contain or consist of banners or pennants, unless such sign is a temporary sign.
[Added 9-14-2011 by L.L. No. 7-2011[1]]
[1]:
Editor’s Note: This local law also provided for the renumbering of former Subsection E(10) through (13) as Subsection E(11) through (14), respectively.
(11) 
Rotating signs, including all signs and devices that are not permanent in their orientation.
(12) 
Signs that advertise by brand name or insignia any particular brands of products except for those establishments that deal exclusively in one brand or make.
(13) 
Signs and obstructions which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or obstruct the public right-of-way.
(14) 
Posters.
F. 
Temporary signs. All signs of a temporary nature must receive permits before being displayed, except those specified under § 115-12D, Exempt Signs. Applicants for a temporary sign shall pay a fee to the Village of Wappingers Falls in accordance with the current fee schedule as outlined in Chapter A154, Fees, of the Village of Wappingers Falls. Planning Board approval is not required for temporary signs, and the Code Enforcement Officer shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Code Enforcement Officer, after seven days’ written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed at the owner’s expense. Temporary signs are allowed for:
[Amended 9-14-2011 by L.L. No. 7-2011]
(1) 
Activities or events. Temporary signs displayed on private property and limited to one such sign per establishment shall be permitted for a period not exceeding two weeks from the effective date of the permit. No establishment may be granted a permit for a temporary sign within 90 days of the expiration of the establishment’s previous permit for a temporary sign. Such signs shall not exceed 16 square feet in area in business or industrial districts or eight square feet in area in residential districts.
(2) 
Temporary real estate signs. Temporary real estate signs are permitted for each subdivision receiving final plat approval by the Planning Board.
(a) 
One such sign may be located on each side of the property that has frontage on a Village, county or state highway or street. Said sign(s) shall be permitted only during the period of active sales and in no case longer than one year from the date of final approval. Upon written application from the subdivider, the Code Enforcement Officer may extend this period for one additional year when the Code Enforcement Officer deems that the circumstances warrant such extension.
(b) 
Each such sign shall not exceed six feet in height, and shall not be located nearer than 15 feet to a lot line or the pavement of any street or any building, unless attached directly to a building. Each such sign shall be single-sided only, and the sign area shall not exceed 12 square feet.
(3) 
Nonilluminated signs advertising a garage sale, yard sale, barn sale, tag sale, or similar temporary sale. Said signs are allowed up to four square feet per face in area, located fully on the property on which such sale is being conducted, but shall not be affixed to utility poles. Such sign shall not exceed one per premises and may be displayed for a period of up to two days in advance of the sale and shall be removed within one day after the sale. Any such sign displayed for more than four days out of any month shall be considered a permanent sign and shall comply with the requirements for a permanent sign in the district in which it is located.
G. 
Seasonal signs. All signs of a seasonal nature must receive permits before being displayed and require Planning Board approval.
[Added 9-14-2011 by L.L. No. 7-2011[2]]
(1) 
One seasonal sign per business establishment is permitted.
(2) 
The sign may be constructed of cloth, canvas, fabric, plywood, or other light materials and does not need to be permanently mounted.
(3) 
The sign shall be maintained in good condition and appearance.
(4) 
The sign shall not be placed so as to cause traffic hazards or obstruction of clear vision and shall be located fully on the property on which the seasonal business is being conducted, but shall not be affixed to utility poles.
(5) 
The size of seasonal signs shall be determined by the requirements for permanent signs in the zoning district in which the seasonal business is located.
(6) 
A seasonal sign permit shall be valid for a period of up to three months from the date of Planning Board approval and may be renewed on one occasion for up to three additional months, subject to Planning Board approval.
(7) 
Any seasonal sign that is displayed for more than six months shall be considered a permanent sign and shall comply with the requirements for the zoning district in which it is located.
[2]:
Editor’s Note: This local law also provided for the renumbering of former Subsections G through P as Subsections H through Q, respectively.
H. 
Permanent signs within residential districts. Within residential districts, the following signs are permitted:
[Amended 9-14-2011 by L.L. No. 7-2011]
(1) 
For each dwelling unit, one nonilluminated nameplate, professional sign, or sign indicating a permitted home occupation, with an area of not over two square feet per face. Such signs shall be reviewed by the Zoning Enforcement Officer for consistency with the requirements of this subsection and with § 151-12J. If the Zoning Enforcement Officer determines that the proposed sign is consistent with these requirements, he/she may issue a sign permit without Planning Board approval. Otherwise, the Zoning Enforcement Officer shall refer the application to the Planning Board for review.
(2) 
For permitted and special use permitted nonresidential uses, signs shall comply with the requirements of § 151-12I(2), Neighborhood Business and Office Business Districts.
(3) 
Signs for lawful nonconforming uses in residential districts shall comply with the requirements of § 151-12I(2), Neighborhood Business and Office Business Districts.
I. 
Permanent signs within other districts.
(1) 
Central Business District.
(a) 
Each business establishment shall be permitted two primary signs.
(b) 
Each building shall be limited to a total sign area of one square foot in area for every one linear foot of ground floor street frontage occupied by an establishment, but not exceeding 30 square feet for any wall sign, or 12 square feet per face for any other sign.
[Amended 9-14-2011 by L.L. No. 7-2011]
(c) 
Where the design of an existing building facade incorporates a specific area for a wall sign, the height and length of the sign shall be restricted to the dimensions of this area. Such signs shall not, however, exceed 30 square feet in area.
(d) 
No projecting sign may extend more than five feet from the building face or be less than eight feet from the ground. The maximum clearance from the ground shall be 14 feet.
(e) 
Lettering and graphics on awnings and canopies shall count towards the sign area allowance per establishment.
(f) 
Awnings shall project at least three feet into the sidewalk but no more than six feet. Awnings should be affixed at a consistent height of 7 1/2 feet above the sidewalk and extend no higher than 10 feet.
(g) 
A window sign shall not be considered a primary sign or an accessory sign. However, lettering and graphics of window signs shall count towards the sign area allowance per establishment. Lettering and graphics of a window sign shall not exceed 25% of the glass area or window in which it is displayed.
[Amended 9-14-2011 by L.L. No. 7-2011]
(h) 
A sandwich sign shall not be considered a primary sign or an accessory sign. However, sandwich signs shall count towards the sign area allowance per establishment. Sandwich signs shall be between 30 and 36 inches tall with a maximum sign area of 24 inches wide by 30 inches high on each sign face. Sandwich signs shall comply with the design criteria of this section and shall match the color scheme and design of the establishment's primary sign. Sandwich signs must receive permits before being displayed, and such permits shall be renewed annually. The permit shall note the date of the first day the sign may be displayed and the date it must be renewed. A security deposit, payable to the Village of Wappingers Falls, in accordance with the current fee schedule outlined in Chapter A154, Fees, of the Village of Wappingers Falls Code, shall be deposited with the Code Enforcement Officer to insure renewal of the sign permit. If the sign permit is not renewed upon expiration of the permit period, the Code Enforcement Officer, after seven days' written notice to the permit holder to renew such permit (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign to be removed, and the security deposit will be forfeited to help defray the cost of removal. Sandwich signs shall be located so as not to interfere with pedestrian safety or cause a safety hazard, may only be displayed during business hours, and must be kept in good condition, or they will be removed by the Code Enforcement Officer and the permit revoked.
[Amended 9-14-2011 by L.L. No. 7-2011]
(2) 
Neighborhood Business and Office Business Districts.
[Amended 9-14-2011 by L.L. No. 7-2011]
(a) 
For lots with a single stand-alone, business establishment, one primary sign shall be permitted. Such sign shall be located in front of the establishment’s principal facade. The sign shall be located so as not to obstruct the view of any authorized traffic sign or signal, the sight distance triangle at any street intersection, or the public right-of-way. The sign shall be either:
[1] 
A monument sign, as large as five square feet in area per face with a height maximum of four feet; or
[2] 
A post-and-arm sign, as large as six square feet in sign area, with a height maximum of eight feet from the ground to the top of the sign.
(b) 
Where two or more establishments share a lot or parcel or are part of a shopping plaza, office or business center, the following signs shall be permitted:
[1] 
Not more than one wall sign per establishment, which shall be located on the establishment’s principal facade and shall be limited to a total sign area of one square foot in area for every two linear feet of ground-floor street frontage occupied by the establishment, but not exceeding 12 square feet.
[2] 
Not more than one common monument sign. In the NB District, such sign shall be permitted to identify the name of the shopping plaza or business center only. In the OB District, such sign shall be permitted to identify the names of a maximum of three individual offices within the office building. In both cases, the monument sign shall have a maximum sign area of five square feet in area per face with a height maximum of four feet. The sign shall be located so as not to obstruct the view of any authorized traffic sign or signal, the sight distance triangle at any street intersection, or the public right-of-way.
(c) 
In the case of both Subsection I(2)(a) and (b) above, one sign at each point of access to the lot for internal direction shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are for the purposes of directing internal traffic movements. Permits will be granted only if the applicant can clearly demonstrate necessity to the Planning Board based on motorist safety and that any such on-site directional sign will be set back at least five feet from any public right-of-way or property line.
(3) 
General Business and Industrial Districts. Within the General Business and Industrial Districts, the following regulations apply:
(a) 
The total area of all signs on a lot shall not exceed two square feet for each linear foot of building frontage, and where a building on a lot is divided into several units of occupancy, the total sign are shall be apportioned among the units in accordance with their proportions of the total building frontage.
(b) 
There shall be no more than two signs per unit of occupancy.
(c) 
The greatest dimension of any sign shall not exceed 30 feet, and no sign shall exceed in height the highest part of the building housing the use identified by the sign.
(d) 
A changeable-copy sign may be integrated into a permanent freestanding sign so long as the total area of the changeable-copy message does not exceed 25% of the allowable sign area or 12 square feet, whichever is less, subject to the restrictions set forth below:
[1] 
Changeable-copy signs shall be included in the calculation of the total permitted sign area;
[2] 
There shall be not more than one changeable-copy sign per establishment;
[3] 
Special effects, including but not limited to dissolve, fading, scrolling, starbursts and wiping shall be prohibited; and
[4] 
A maximum of two lines of text copy shall be allowed.
J. 
Design criteria. In reviewing sign applications for permanent signs, the Planning Board and/or Zoning Enforcement Officer shall determine that the sign will meet the following criteria:
(1) 
General criteria.
(a) 
Signs should be a subordinate part of the streetscape.
(b) 
Signs in a particular area or district should create a unifying element and exhibit visual continuity.
(c) 
Whenever feasible, multiple signs should be combined into one to avoid clutter.
(d) 
Signs should be as close to the ground as practical, consistent with legibility considerations.
(e) 
A sign's design should be compatible with the architectural character of the building on which it is placed and not cover any architectural features on the building.
(f) 
To the extent possible, adjacent signs on the same or adjoining building should be placed within the same horizontal band and be of reasonably harmonious materials and colors.
(2) 
General rules by sign type.
(a) 
Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall indicate only the name and/or address of the enterprise or premises.
(b) 
Freestanding signs. No more than one freestanding sign may be located on a lot. Freestanding signs shall not be placed so as to impair visibility for motorists.
(c) 
Projecting signs. Projecting signs may not extend above the height of the lowest point of the roofline, and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.
(d) 
Wall signs. The visible edge or border of a wall sign may extend up to four inches from the face of the wall to which it is attached, and may not extend any distance beyond or above the building in any direction. In a single-story building, the placement of wall signs must be above the display window and the cornice. In a multistory building, the placement of wall signs shall be between the shop window and the second story windowsill for establishments located on the street level, or on or adjacent to the door of the building entrance that offers access to an establishment located on an upper story.
(e) 
Window signs. Permanent window signs must be painted on or attached directly and permanently to the window.
(3) 
Landscaping and lighting.
[Amended 9-14-2011 by L.L. No. 7-2011]
(a) 
The Planning Board may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. Required landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes and small trees.
(b) 
Signs may only be externally illuminated as per the provisions of the Village of Wappingers Falls outdoor lighting standards in § 151-12.1.
K. 
Sign design manual. The Village Board of Trustees may, in consultation with the Planning Board, promulgate sign design standards or manuals as a guideline to applicants and as an aid to the administration of this section.
L. 
Removal of signs.
(1) 
Abandoned signs. Abandoned signs shall be removed within 30 days after cessation of the business or cessation of the sale of the products or services from the premises. The Code Enforcement Officer shall give written notice to the last named owner of the real property where the sign is located and the permit holder, if any, at the permit holder's last known address of record, who shall, unless good cause is shown, remove the sign within 30 days from the date of the written notice. If no action is taken by the owner or permit holder, within said time period, the Code Enforcement Officer may cause the sign to be removed. At the sole discretion of the Village, the reasonable and necessary costs incurred for removal shall be charged against the real property from which the sign was removed, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Village.
(2) 
Unsafe signs. The Code Enforcement Officer may cause any sign that is a source of immediate peril to persons or property to be removed immediately and without notice.
M. 
Nonconforming signs.
(1) 
No replacement or installation of a new sign shall be permitted unless in conformance with this section. Nonconforming signs that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, non-violation letters, or other permit, approval, entitlement, or authorization from the Village of Wappingers Falls shall be subject to all of the terms and conditions of this section.
(2) 
Any sign that does not conform to the provisions herein, whether or not as the consequence of a variance, shall be deemed a nonconforming sign and shall be removed by the owner of the property or the permit holder upon written notice sent to the owner of the property or the permit holder to their last known address of record by certified mail, return receipt requested, by the Code Enforcement Officer. Said sign shall be removed on or before the expiration of three years from the date of the written notice and such lapse of time shall be deemed sufficient to amortize the cost thereof.
N. 
Number and date. Every sign that requires a permit as regulated by this section shall have painted in a conspicuous place thereon, in legible letters and numbers, the date of erection and the sign permit number. Temporary signs shall additionally have noted thereon the date of the first day the sign may be displayed and the date it must be removed.
O. 
Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.
P. 
Sign permit expiration. A permit issued for an approved sign shall be valid for six months from the date of the permit. If the sign is not installed before the expiration of six months, a new permit shall be required.
Q. 
Severability. If any subsection, or specific part or provision or standard of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such subsection, specific part, provision or standard shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions thereof.
R. 
Relief. An applicant may seek relief from the size standards and number of permitted signs of this section by applying for a waiver from the Planning Board. Such relief shall be considered by the Planning Board only where the applicant sufficiently documents the reasons for requiring relief from these standards. In considering the grant of such waiver requests, the Planning Board shall consider only the following factors: The distance between a sign and the major roadway providing access to a development; The size and scale of a building containing the proposed sign; a building’s location on a corner lot where an additional sign may be required. Such relief shall be limited to one additional sign. Whether or not an additional sign is allowed, such relief shall be limited to a maximum increase not to exceed 25% of the size standards.
[Added 9-14-2011 by L.L. No. 7-2011]

§ 151-12.1 Outdoor lighting.

[Added 2-7-2007 by L.L. No. 1-2007]
A. 
Purpose. The purpose of this section is to enhance public safety and welfare by providing for adequate and appropriate outdoor lighting that will enhance the Village's nighttime ambience and historic character, reduce glare, minimize light trespass and light pollution, protect the privacy of residents, and reduce the cost and waste of unnecessary energy consumption.
B. 
Definitions. The following definitions apply to terms used in this section:
FOOTCANDLE (fc)
A measure of light falling on a surface amounting to one lumen per square foot. (Lux is the metric equivalent of footcandles.)
FULLY SHIELDED FIXTURE
An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above the horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.
GLARE
The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.
HEIGHT OF THE LUMINAIRE
The vertical distance from the finished grade of the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
ILLUMINANCE
Density of luminous flux incident on a surface. Unit is footcandle or lux.
LIGHT TRESPASS
Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light as well as unwanted spill light.
LUMEN
A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this section, the lumen output shall be the initial lumen output of a lamp as rated by the manufacturer.
LUMINAIRE
The complete lighting fixture including the lamp (i.e., bulb), lens (used to direct and distribute light) and the wiring. The luminaire is typically mounted on a pole or other fixed object.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
OUTDOOR LIGHTING FIXTURE
An electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include but are not limited to search, spot, flood, and area lighting for buildings and structures; recreational areas; parking lot lighting; landscape lighting; signs (advertising and other); streetlighting; product display area lighting; building overhangs, and open canopies.
RECESSED CANOPY FIXTURE
An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
UNIFORMITY RATIO
The ratio of average to minimum illumination.
UPLIGHTING
Any light source that distributes illumination above a ninety-degree horizontal plane.
WALLPACK FIXTURES
A lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.
C. 
Submission of plans and outdoor lighting compliance. An applicant for any work involving outdoor lighting fixtures that requires site plan, subdivision and/or special use permit approval shall submit, as part of the application, evidence that the proposed work shall comply with this section. The submission shall contain the following:
(1) 
Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;
(2) 
Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including but not limited to catalog cuts by manufacturers and drawings (including sections where required);
(3) 
Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut-off or light emissions;
(4) 
Additional information that the Planning Board or Code Enforcement Officer determines is necessary, including but not limited to an iso-lux plan indicating levels of illumination in footcandles at ground level.
D. 
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Code Enforcement Officer who will forward it to the Planning Board for amended approval, which must be received prior to substitution.
E. 
Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board may approve such proposed alternative, provided it:
(1) 
Provides at least approximate equivalence to the applicable specific requirement of this section; and
(2) 
Is otherwise satisfactory and complies with the purpose of this section.
F. 
General requirements for all zoning districts.
(1) 
General standards. All outdoor lights and illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The lighting levels for outdoor lighting shall be as described in § 151-12.1G.
(2) 
Prohibitions.
(a) 
Uplighting is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes must be lit from the top and shine downward.
(b) 
Roof-mounted area lighting is prohibited.
(c) 
The use of laser lighting for outdoor advertising or entertainment and the operation of searchlights for advertising purposes are prohibited.
(d) 
The use of mercury vapor lamps, which are inefficient and cast a very bright, unattractive light, and low-pressure sodium lamps, which cast an unattractive yellow/gray light, is prohibited.
(e) 
Unshielded wallpack-type fixtures are prohibited.
(3) 
Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in Table 1, shall be fully shielded and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass, and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section. Floodlighting is discouraged, and if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line, and light above a horizontal plane.
Table 1: Shielding Requirements
Fixture Lamp Type Shielded
High-pressure sodium, metal halide, quartz Fully
fluorescent, and incandescent over 50 watts
Any light source of 50 watts or less None
Other sources As approved by the Planning Board
(4) 
Light trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandle at the property line. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.
(5) 
Height. Unless specified elsewhere herein, the maximum allowable height of a freestanding luminaire shall be 20 feet. The maximum allowable height of a building- or structure-mounted luminaire shall be 15 feet.
(6) 
Spacing. Space between fixtures should be approximately four times the height.
(7) 
Electrical feeds. To improve the aesthetics of the area, electrical feeds to lighting standards shall be run underground, not overhead.
(8) 
Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential" can apply to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Village.
(9) 
Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling.
(10) 
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded, as defined in this section. Lighting for outdoor recreational facilities shall be permitted to exceed the twenty-foot height maximum and shall be allowed by special permit, provided that:
(a) 
The proposed pole height is required to illuminate the center of the field while minimizing glare on adjacent properties;
(b) 
Surrounding vegetation or topography will screen views of the poles from adjacent properties;
(c) 
The fixtures will be fully shielded to prevent light spillage on adjacent properties and to prevent sky glow;
(d) 
The proposed lighting levels conform to the recommendations of the Illuminating Engineering Society of North America for playing fields;
(e) 
Adjacent municipalities shall be contacted for their input on the proposed recreational lighting.
G. 
Illuminance and uniformity. The following lighting levels and uniformity ratios shall be utilized based on the recommendations of the Illuminating Engineering Society of North America. Parking lots in the GB and CB Zoning Districts shall have a maximum average lighting level of two footcandles. Parking lots in all other zoning districts shall have a maximum average lighting level of one footcandle. Pedestrian walkways, main building entrances and other security areas in all zoning districts shall have lighting levels of no more than five footcandles, and two footcandles to five footcandles is the recommended range. Any more than five footcandles is generally a waste of energy and a source of glare. The lower range of permitted lighting levels shall be observed for properties located adjacent to residential districts or hinds in residential use. The uniformity ratio (average to minimum) shall not exceed 3/1 for parking and traffic areas, or 4/1 for pedestrian areas. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. An exception to the maximum permitted lighting levels shall be made for ATM machines, which shall be lit in accordance with the New York State ATM Safety Act.[1]
[Amended 2-11-2009 by L.L. No. 2-2009]
[1]:
Editor's Note: See Banking Law § 75-a et seq.
H. 
Recommended outdoor lighting types. Table 2 presents recommended outdoor lighting types. For better color quality, visibility, and security purposes, clear white metal halide lighting is recommended in pedestrian and commercial areas.
Table 2: Outdoor Lighting Options
Lighting Type Color Comments
Incandescent Full spectrum, white light Attractive low-wattage accent and display lighting, or for residential uses
Metal halide Clear white light Best for pedestrian and retail areas; products look good and parking lots feel brighter, safer
High-pressure sodium Yellowish cast Recommended only where light distribution is valued more than appearance, such as highway lighting
I. 
Exemptions. The following uses shall be exempt from the provisions of this section:
(1) 
Temporary circus, fair, carnival, religious, historic, or civic use.
(2) 
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
(3) 
Temporary lighting, including holiday lighting for no more than two months per year.
(4) 
Lighting that is considered a landscape design element and is integral to the aesthetic value of the design, as determined by the Planning Board.
(5) 
All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.
(6) 
Outdoor light fixtures installed on, and in connection with those facilities and land owned or operated by a public utility, the federal government, the State of New York, the County of Dutchess, the Village of Wappingers Falls, or any department, division, agency or instrumentality thereof. Voluntary compliance with the intent of this section at those facilities is encouraged.
J. 
Inspections. The Village of Wappingers Falls reserves the right to request a post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.
K. 
Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this section.
L. 
Nonconforming outdoor lighting.
(1) 
No replacement or installation of new lighting fixtures shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, non-violation letters, or other permit, approval, entitlement, or authorization from the Village of Wappingers Falls shall be subject to all of the terms and conditions of this section.
(2) 
All outdoor lighting fixtures that do not conform to the provisions herein shall be deemed nonconforming and shall be brought into compliance with the provisions of this section within three years from the effective date of this section, and such lapse of time shall be deemed sufficient to amortize the cost thereof. No replacement or installation of new luminaires shall be permitted unless in conformance with this section.

§ 151-13 Miscellaneous regulations.

A. 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection A, Exterior lighting, was repealed 2-7-2007 by L.L. No. 1-2007. See now § 151-12.1, Outdoor lighting.
B. 
Screening.
(1) 
No lot shall hereafter be used for any nonresidential use unless all boundaries of such lot adjoining a residential district or within 25 feet thereof are screened as required by Subsection B(3).
(2) 
All off-street loading areas and all off-street parking areas with 10 or more parking spaces shall be screened from adjoining residential lots under the standards of Subsection B(3).
(3) 
Where a screening area is required, it shall meet the following standards:
(a) 
It shall be of evergreen planting of such type, height, width, spacing and arrangement as, in the judgment of the Planning Board, will make the object or activity being screened inconspicuous when viewed from the adjoining residential property or properties and, in the case of parking and loading areas, will block the light from headlights of the motor vehicles. Non-evergreen planting may seasonally supplement evergreen planting, but not take its place.
(b) 
The width or depth of the area where planting is to be placed shall be adequate for the type of planting used and its maintenance, but normally not less than 10 feet.
(c) 
The plan and specifications for such planting shall be filed with the plans for the use of the lot.
(d) 
A wall or fence of location, height, design and materials approved by the Planning Board as providing equivalent screening may be substituted for part or all of the required planting.
(e) 
Required planting, walls and fences shall be properly maintained in good condition at all times throughout the duration of the use in connection with which it was required.
(f) 
Where a proposed use is so far distant from the lot line or is so concealed by topographic or other features of the surrounding landscape as not to be offensive or reasonably objectionable to the adjoining residential area, the Planning Board may modify the requirement for screening.
C. 
Carnivals and fairs; garage sales.
(1) 
Carnivals and fairs.
(a) 
Parking areas shall be no closer than 50 feet to any street line and no closer than 100 feet to any residential property line.
(b) 
Vehicular surfaces shall be paved with dustless material.
(c) 
Any loudspeakers shall be operated at an audible level that will not disturb residential districts.
(d) 
Space shall be provided for entering cars adjoining all entrances in an amount equal to a minimum of 5% of the total parking area.
(e) 
Carnivals and fairs shall be allowed as set forth in § 151-16 of this chapter, and such uses shall no longer be subject to the approval procedures set forth in § 151-17 of this chapter.
[Added 6-23-1971]
(f) 
Carnivals and fairs are considered to be uses which could pose a threat to the public health and safety, and some regulation is therefore deemed advisable. For such reason, no carnival or fair may be maintained or conducted within the Village of Wappingers Falls except after prior approval of the Board of Trustees of said village.
[Added 6-23-1971]
(2) 
Garage sales. A nonrenewable permit issued by the Zoning Administrator is required in order to conduct a garage sale for a maximum of three consecutive days; permits may be extended because of inclement weather. There must be a separate application each time a garage sale is held. The following regulations also apply:
[Amended 2-12-1997 by L.L. No. 3-1997]
(a) 
Merchandise bought for the express purpose of resale is prohibited.
(b) 
There shall be a limit of two garage sale permits per residential structure per year.
(c) 
Sales shall be between the hours of 8:00 a.m. and 6:00 p.m.
(d) 
The permit is automatically revoked should the Village of Wappingers Falls police, senior officer in charge, state, in writing, that the sale is creating an unsafe traffic condition.
(e) 
Temporary signs may be posted for the duration of the sale subject to the following conditions:
[1] 
Signs shall be removed at the end of the sale.
[2] 
Signs shall not exceed six square feet.
D. 
Cemeteries and crematories.
(1) 
No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or fence at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plots of less than six feet in height may be located no closer than 20 feet from any residential lot line.
(2) 
Crematories shall be located only in cemeteries.
E. 
Household appliances. All household appliances no longer in use shall be removed from all open areas on all lots in the village within a period of 30 days from the date of the adoption of this chapter or placed within a building.
F. 
Gasoline service stations; public garages; motor vehicle sales and service.
(1) 
Gasoline service stations and public garages.
[Amended 7-7-1975 by L.L. No. 1-1975]
(a) 
In all districts where permitted, gasoline service stations and public garages shall meet the following additional requirements:
[1] 
No such use shall be located within 200 feet of a school, playground, park, hospital, nursing home, church, theater, public library or other public gathering place, unless a street 50 feet or more in width lies between such service station or garage and such other use.
[2] 
No such use shall be located upon a lot having less than 125 feet of frontage on a public street, and if situate at an intersection, such lot shall have at least 100 feet of frontage on one of such intersecting streets.
[3] 
No gasoline service station or public garage offering gasoline for sale to the public shall be located within a radius of 1,200 feet from any similar existing use situate within the territorial limits of the village.
[4] 
Only access drives may encroach upon any required yard areas, and no parking or storage of motor vehicles in such areas shall be permitted.
[Amended 7-7-1975 by L.L. No. 1-1975]
[5] 
No fuel pump shall be located within 20 feet of any side lot line or any street line, measured from the outside edge of the fuel island.
[6] 
No more than three unregistered vehicles may be parked on the property and no dismantled or wrecked vehicles shall be stored thereon, unless within a building.
[7] 
All major repair work, servicing, lubrication and car washing shall be done within a building which is completely enclosed, except for the customary windows and access doors.
(b) 
If such use is permitted only upon issuance of a special permit pursuant to § 151-17 of this chapter, the Zoning Board of Appeals shall have no authority to waive any of the requirements set forth in Subsection F(1)(a) of this section, either by variance or otherwise.
(2) 
[2]Motor vehicle sales and service. All motor vehicle sales and service establishments shall be subject to the following standards:
(a) 
The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped or buffer area.
(b) 
Insofar as possible, all repair and service work shall be accomplished indoors.
(c) 
All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.
(d) 
Each vehicle for sale is permitted one sign per vehicle with a maximum area of one square foot; this sign shall be displayed from inside the vehicle. Such vehicles shall have not other advertising or devices to attract attention.
[2]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(3) 
[3]Motor vehicle body shop. All motor vehicle body shop establishments shall be subject to the following standards:
(a) 
All vehicle parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.
(b) 
Insofar as possible, all repair work shall be performed indoors.
(c) 
The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.
(d) 
No inoperative vehicle shall be stored on the premises for more than 30 days.
[3]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 151-14 Prohibited uses.

The following activity standards shall apply to all uses in all districts:
A. 
Noise. No continuous hum, intermittent noise or noise with any noticeable shrillness of a volume of more than 50 decibels, measured at lot lines.
B. 
Vibration. No vibration shall be discernible at the lot lines or beyond.
C. 
Smoke. No emission of visible grey smoke of a shade equal to or darker than No. 2 on the Ringelmann Chart, measured at the point of emission.
D. 
Odors. No offensive odor shall be noticeable at the lot line or beyond.
E. 
Fly ash; dust. No emission which can cause any damage to health, animals or vegetables or other forms of property or any excessive soiling.
F. 
Liquid or solid wastes. No discharge into any present or future disposal system, public or private, or streams or into the ground of any materials of such nature or temperature as to contaminate groundwater supply.
G. 
Radio activity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards.
H. 
Fire and explosion hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion.
I. 
Electrical emissions. Electrical operations shall not create disturbances to radio and television reception in the vicinity.
J. 
Vermin. No material shall be stored either indoors or outdoors in a manner which attracts vermin.
K. 
[1]Hazardous materials and uses. In any district, no manufacturing use nor any trade or industry use or purpose that does not conform to the performance standards stated herein or is otherwise noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noxious fumes, radiation, gas, noise, vibration or excessive light, or any combination of the above, which is dangerous and prejudicial to the public health, safety and general welfare shall be permitted, and this includes more specifically, but is not limited to, the following such uses:
(1) 
Acetylene gas manufacture for commercial purposes.
(2) 
Ammonia, chlorine or bleaching powder manufacture.
(3) 
Arsenal.
(4) 
Asphalt manufacture or refining.
(5) 
Blast furnace, not including cupola or converter furnaces used in foundries in which no wood is used as fuel.
(6) 
Boiler shops, structural steel fabricating shops, metal working shops, which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings.
(7) 
Brewing or distilling of liquors.
(8) 
Bronze and aluminum powder manufacture.
(9) 
Carbon, lampblack, shoe blacking, graphite or stove polish manufacture.
(10) 
Celluloid and other cellulose products manufacture.
(11) 
Cement manufacture.
(12) 
Coal tar products manufacture.
(13) 
Creosote treatment or manufacture.
(14) 
Disinfectant and insecticide manufacture.
(15) 
Distillation of coal, wood or bones.
(16) 
Dump, unless operated or controlled by the municipality.
(17) 
Excelsior and fiber manufacture.
(18) 
Explosives, fireworks or match manufacture, assembling or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form.
(19) 
Fat rendering.
(20) 
Fertilizer manufacture or potash refining.
(21) 
Fish smoking or curing.
(22) 
Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal.
(23) 
Incinerator, unless operated by the municipality.
(24) 
Lime, gypsum, cement, plaster or plaster of paris manufacture, except the mixing of plaster.
(25) 
Linoleum or oil cloth manufacture.
(26) 
Ore reduction or the smelting of iron, copper, tin, zinc or lead.
(27) 
Paint, oil, varnish, turpentine, shellac or enamel manufacture, except the mixing of wet paints.
(28) 
Perfume and extract manufacture.
(29) 
Petroleum refining.
(30) 
Poisons manufacture: fumigates, carbon disulphide, hydrocyanic acid, stomach poisons, arsenate of lead, arsenate of calcium, hellabore and paris green, contract insecticides, lime, sulphur, nicotine, kerosene emulsions.
(31) 
Printing ink manufacture.
(32) 
Radium extraction.
(33) 
Storage, coloring, curing, dressing or tanning of raw or green salted hides or skins.
(34) 
Storage of radioactive materials.
(35) 
Rubber caoutchouc or gutta percha manufacture from crude or scrap material, except in connection with a rubber products manufacture plant.
(36) 
Salt works.
(37) 
Sandpaper and emery cloth manufacture.
(38) 
Slaughtering of animals, except for immediate consumption on premises or immediate retail sale.
(39) 
Soap, soda ash or washing compound manufacture, except products not containing caustic soda.
(40) 
Starch, glucose or dextrine manufacture.
(41) 
Stockyards.
(42) 
Sulphurous, sulphuric, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage except on a limited scale as accessory to a permitted industry.
(43) 
Tallow, grease, lard or candle manufacture or refining.
(44) 
Tar distillation or the manufacture of aniline dyes.
(45) 
Tar roofing or waterproofing manufacture, except where the tar or asphalt is treated at a temperature under 100º F.
(46) 
Tobacco processing, exclusive of cigar or cigarette manufacture.
(47) 
Vinegar, pickle or sauerkraut manufacture in bulk.
(48) 
Wool pulling or scouring, except in connection with a woolen mill.
(49) 
Yeast manufacture.
[1]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 151-15 Certain accessory uses regulated.

[Amended 1-5-1983 by L.L. No. 1-1983]
A. 
Amusements.
(1) 
Limit established. When amusement game machines and/or other amusement machines constitute an accessory use in the premises in which they are located, no more than two of such machines, in total, may be maintained in the subject premises.
(2) 
Not applicable to amusement centers. The foregoing limitation shall not be applicable to amusement centers or arcades as permitted under § 151-16 of this chapter when established in compliance therewith, where such machines are operated as a principal use.
B. 
[1]Dish and microwave antennas. The provisions of this section are intended to regulate dish antennas and microwave antennas in order to minimize any adverse impacts on residential neighborhoods and structures.
(1) 
Dish-type antennas must be set back at least 15 feet from side and rear lot lines and shall be screened from existing residential uses on abutting lots.
(2) 
Site plan approval shall be required for nonresidential, ground-type, dish-type antennas.
[1]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
[2] Accessory apartments. Accessory apartments shall be permitted in all single-family residential districts where single-family homes are a permitted use, upon issuance of a special permit by the ZBA, subject to the conditions and limitations contained in this chapter.
(1) 
No accessory apartment shall be installed or maintained except upon special permit granted by the ZBA. The applicant shall file a plan in such detail as the ZBA shall prescribe with the initial application for an accessory apartment. The application fee for a special permit for an accessory apartment shall be as set by resolution of the Board of Trustees.
(a) 
The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as their principal residence.
(b) 
This declaration of covenants shall run with the land and shall be binding upon the owners, their distributees, executors and administrators, successors and assigns.
(2) 
An occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of the occupant of the accessory apartment, and the same shall be the principal residence of that person. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child.
(3) 
Only one accessory apartment for a total of two dwelling units per lot shall be permitted.
(4) 
An accessory apartment shall be permitted only within the main structure and not within any accessory building or upon any separate foundation. Additions to the residence shall be permissible if they do not increase the building perimeter. The character, degree and extent of any such addition shall be a factor to be considered by the Planning Board in passing upon a special permit application.
(5) 
An accessory apartment shall have separate access, not observable from the street, unless there is a single access from the front of the building with a split access inside the building.
(6) 
All building code or other requirements under local law or ordinance and other applicable laws and regulations shall be complied with and a building permit as well as special permit obtained for any changes or alterations requiring such a permit, and a certificate of occupancy shall be obtained before occupancy.
(a) 
Before such approval shall be given, the following shall be determined, in addition to those standards set forth in application for special permit:
[1] 
The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts;
[2] 
The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts;
[3] 
The safety, the health, the welfare, the comfort, the convenience or the order of the town or its residents will not be adversely affected by the proposed use and its location; and
[4] 
The use will be in harmony with, and promote the general purpose and intent of this chapter.
(b) 
In making such determination, the ZBA shall also give consideration, among other things to:
[1] 
The character of the existing and probable development of uses in the district and the peculiar suitability of such districts for the location of any of such permissive uses.
[2] 
The conservation of property values and the encouragement of the most appropriate uses of land.
[3] 
The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public street or highway.
[4] 
The necessity for paved surface space for the purpose of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
[5] 
Whether the use or the structures to be used therefor will cause an overcrowding of the land or undue concentration of population.
(c) 
The ZBA shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.
(d) 
Public hearing.
[1] 
A public bearing shall be held for every application for a special permit or renewal thereof. The ZBA shall fix a time and give, at the expense of the applicant, public notice thereof by the publication in the official newspaper of such hearing at least 10 days prior to the date of the public hearing.
[2] 
The subject property is to be posted for a period of not less than 10 days immediately preceding the public hearing or an adjourned date thereof subject to rebuttal; the filing by the applicant reciting the facts of such posting shall be deemed sufficient proof of compliance herewith.
(e) 
The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit shall be issued to the owner of the property.
[1] 
Should there be a violation of this chapter or a change in ownership, the special permit use and the certificate of occupancy for the accessory apartment shall then become null and void following a hearing before the ZBA which shall determine if such violation or change of ownership took place unless by reason of death, in which instance the permit shall continue until the expiration of its term, provided that the remaining occupants are related. Thereafter, the tenant shall have 90 days to relocate; the second kitchen shall be removed by the owner within 60 days after the tenant leaves, and the house shall revert to a single-family status.
[2] 
Should an owner vacate his residence, the special permit use and the certificate of occupancy for the accessory apartment shall become null and void. Thereafter, the tenant shall have 90 days to relocate; the second kitchen shall be removed by the owner within 60 days after the tenant leaves, and the house shall revert to a single-family status.
[2]:
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
Swimming pools.[3]
(1) 
All swimming pools shall be considered structures, and the setback for such pools shall be determined by the provisions of this chapter.
(2) 
Where commercial pools are a permitted principal use by this chapter, said commercial pools shall comply with the area, yard and other requirements of this chapter for those districts.
(3) 
Club swimming pools shall be permitted only as an accessory structure to a membership club in the zoning district where said club is a permitted use and subject to the area and yard requirements of that district.
(4) 
Private pools shall not be located within a front yard in any residential district.
(5) 
All appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures shall comply with all applicable requirements of this chapter.
[3]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 151-16 Schedule of district regulations.

The accompanying Schedules of Regulations (Schedule A, Schedule of Regulations for Residence Districts, and Schedule B, Schedule of Regulations for Business and Industrial Districts)[1] list the permitted uses of land and buildings and the standards and requirements applying to such uses for the various zoning districts listed in § 151-4. Only those uses specifically listed in the schedules for each district are permitted, and all other uses are prohibited. Unless otherwise indicated, requirements and standards listed in the schedules shall be deemed to be the minimum in every instance of their application. The accompanying schedules are herewith incorporated as a part of this chapter.
[1]:
Editor's Note: Said schedules are included in the pocket at the end of this volume.

§ 151-17 Permitted special uses.

A. 
Uses requiring special permits. All uses listed in the Schedules of Regulations or elsewhere in this chapter as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform but not be limited to the following general requirements, as well as the pertinent specific requirements.
B. 
General provisions.
[Amended 2-12-1997 by L.L. No. 3-1997]
(1) 
All special uses for which conformance to additional standards is required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this section or such requirements as may be specified by the ZBA.
(2) 
All such uses are declared to possess such unique special and individual characteristics that each specific use shall be considered as an individual case.
C. 
Application for a special permit.
[Amended 2-12-1997 by L.L. No. 3-1997]
(1) 
Application for required special permits shall be made to the Zoning Enforcement Officer. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and, unless endorsed, shall not be entertained by said office. The ZBA shall have original jurisdiction for granting special permits based on the provisions of this section. The ZBA may impose whatever reasonable land use conditions and provisions it deems necessary to reflect the spirit and intent of the Village Development Plan and/or this chapter.
(2) 
The ZBA, after public hearing with the same notice required by law for zoning amendments, shall, within 60 days after the final hearing, file with the Zoning Administrator a decision on said application.
(3) 
Each such special use permit shall be of unlimited duration, subject to earlier termination upon a public hearing and upon a specific determination by the Planning Board that such conditions as may have been prescribed in connection with the issuance of the original permit have not been or are no longer being complied with by the person responsible for the conduct of the use. In such cases, the person responsible for the conduct of the use shall be granted a sixty-calendar-day cure period after written notice to achieve full compliance prior to revocation of the special use permit.
[Amended 3-9-2011 by L.L. No. 3-2011]
(4) 
Contents of application. The application shall contain the following information:
(a) 
The location and size of the use, the nature and intensity of the operations and traffic 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 are 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, fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(c) 
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special permit.
(d) 
Parking areas will 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 achieve maximum safety.
(e) 
Existing municipal facilities are adequate for the proposed use, or plans for the immediate or reasonably near-term expansion of such facilities are adequate to provide for such use.
D. 
Required site plan. A site plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall be prepared and signed by a licensed professional engineer, and shall show all information required in Subsection C, unless otherwise specified by the Board of Appeals.
E. 
Conditions and safeguards. The Board of Appeals shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements, and the Board may attach such other conditions and safeguards it believes to be required or considers appropriate. When the circumstances warrant, the Board may issue temporary permits.
F. 
Action on application. Upon receipt by the Zoning Enforcement Officer of the findings of the Board of Appeals showing that the above-stated conditions prevail, as well as its recommendations as to appropriate conditions and safeguards, and upon compliance by the applicant with all applicable standards and requirements, the applicant shall, upon payment of any fee prescribed therefor, be entitled to a zoning permit or certificate of occupancy, as the case may be. In the event that the Board of Appeals shall make a finding that the above-enumerated conditions do not prevail, the Zoning Enforcement Officer shall refuse to issue a zoning permit or certificate of occupancy, as the case requires.
G. 
Referral of special permit applications to the County Planning Board. Applications for special permits within a specified distance of certain areas and facilities, described in § 239-m of the General Municipal Law, shall be referred and action taken only in accord with said Section of the General Municipal Law and § 151-27C(2) of this chapter.
H. 
Expiration of special permits. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than six months for any reason or if all required improvements are not made within one year from the date of issue.
I. 
Preexisting conditions.
(1) 
Existing violations. No permit shall be issued for a special use of a property where there is an existing violation of this chapter, and any permit issued may be revoked for any subsequent violation after service of written notice, as provided in § 151-24B hereof.
(2) 
Prior special permits. Any special permit granted prior to the effective date of this chapter or any amendment of this chapter shall be continued only if a certificate of occupancy has been issued or if a building permit for the authorized construction or use has been issued prior to such effective date and if said construction or use may be completed or continued under the provisions of Subsection H or § 151-22C(3) hereof, whichever may be more restrictive.
J. 
Standards for particular uses subject to special permit approval under this section.
(1) 
Excavations.
(a) 
Excavations in connection with the construction, on the same lot, of a building or use for which a zoning permit has been issued shall be permitted in any district. Any excavation which adversely affects natural drainage or the structural safety of adjoining structures or land or that creates noisome or injurious conditions described in § 151-14 shall be prohibited.
(b) 
In the event that construction is arrested prior to completion of the structure and the zoning permit therefor is allowed to expire, the premises shall be cleared of any rubbish, building materials or other unsightly accumulations, and any excavation of a depth greater than two feet below grade shall be filled and the topsoil replaced or such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area. Where necessary, as determined by the Zoning Enforcement Officer, suitable gates shall be installed and provided with locks. Such clearing, filling and/or fencing shall be completed not later than the expiration of the zoning permit in connection with which the excavation was made.
(2) 
Utility substations.
(a) 
A gas transmission booster station shall be located on a lot of at least one acre in area with a setback of at least 75 feet from any lot line.
(b) 
Other utility substations shall be located on lots of at least 10,000 square feet in area, with a setback of at least 25 feet from all lot lines. There shall be suitable fencing around the substation structures so as to protect the public. The structures shall be so painted and there shall be sufficient evergreen trees and shrubs and other landscaping to screen the substation so as to make it inconspicuous when viewed from nearby residential property. There shall be adequate area for the parking of maintenance and service vehicles with at least two spaces.
K. 
For any application for a special permit that meets the definition of land development activities, as such are defined in § 131-3, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 131, Stormwater Management, Article I, Erosion and Sediment Control.
[Added 11-14-2007 by L.L. No. 10-2007]

§ 151-18 Approval of site plans.

A. 
Plan required. Except for a one- or two-family dwelling, no zoning permit shall be issued and no building or use shall be established or continued except in conformity with a site development plan approved by the Planning Board, and no certificate of occupancy shall be issued until all of the requirements of this section, including those required by the Planning Board under the provisions of this section, have been met. Continued conformance with such a plan and such requirements shall be a condition of any certificate of occupancy.
B. 
Application for site plan approval. (It is suggested that a preliminary sketch plan be discussed with the Planning Board before filing an application to assist in expediting final approval.) An application for a zoning permit involving site plan approval by the Planning Board shall be made to the Zoning Enforcement Officer and shall be accompanied by the following information prepared and signed by a licensed professional engineer/architect:
[Amended 2-19-1997 by L.L. No. 3-1997]
(1) 
A map of applicant's entire holding at a convenient scale.
(2) 
An area map showing all properties, subdivisions, streets and easements within 250 feet of applicant's property.
(3) 
A topographic map of the property at two-foot contour intervals, unless otherwise specified by the Planning Board, showing the existing and proposed regraded surface of the land and the location of natural features such as streams, swamps, rock outcrops and major trees (eight inches or more in diameter measured three feet above the ground).
(4) 
A detailed site plan showing location, proposed use and height of all buildings; location of all parking and truck loading areas with access and egress drives thereto; location of outdoor storage, if any; location and type of recreation facilities, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of water supply and sewage disposal and location of such facilities; location and proposed development of buffer areas and landscaping where required; location and design of lighting facilities; and the location, size and type of all signs.
(5) 
A detailed computation of total lot area; of building floor area for each type of proposed use; building coverage; roads; and parking.
(6) 
For industrial or business uses, specific uses proposed; number of employees for which buildings are designed; type of power to be used for any manufacturing processes; type of wastes or by-products to be produced by any manufacturing process; and proposed method of disposal of such wastes or by-products.
(7) 
For residential developments exceeding 10 dwelling units or for any other use which would require comparable volumes of water or impose similar loads upon municipal sewerage facilities, proof must be submitted of a finding by the Village Water Board that adequate capacity and pressure exists or shall exist in the village water system to serve the proposed use, and similar proof must be submitted of a finding by the Village Board of Trustees or its duly authorized agent with respect to the capacity of the municipal sewer system.
C. 
Referral of application to Planning Board. Each application involving site plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Zoning Enforcement Officer within five days of the date of application for action thereon, which action shall be taken by the Planning Board and decision thereon rendered to the Zoning Enforcement Officer within 62 days of the date the application is received by the Planning Board.
D. 
Standards for site plan approval. In acting on any proposed site plan, the Planning Board shall take into consideration the recommendations of the Village Development Plan and the Official Map as it may be adopted by the Village Board. The Planning Board shall also consider the proposed location, height and bulk of buildings on the site; proposed traffic circulation within and near the site; proposed provision of off-street parking space; buffer areas, recreation areas, natural features and other open spaces on the site; and display of signs and exterior lighting, so that any development will harmoniously and satisfactorily fit in the contiguous land and buildings and adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled safely and adequately within the site and in relation to the adjoining street system.
E. 
Planning Board initiative. The Planning Board may, on its own initiative, propose a general or specific site plan for a particular area where a site development plan approval may be required in the future, using the requirements of this chapter as a guide.
F. 
For any application for site plan approval that meets the definition of land development activities, as such are defined in § 131-3, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 131, Stormwater Management, Article I, Erosion and Sediment Control.
[Added 11-14-2007 by L.L. No. 10-2007]
G. 
The approval of a site plan by the Planning Board shall be valid for a period of one year from the date thereof for purposes of obtaining a zoning and/or building permit. Failure to obtain such a permit within the time period shall cause the approval to become null and void. Upon application, for good cause shown, the Planning Board may extend the validity of the approval, one time, for a period not to exceed one year from the date the original approval expires.
[Added 8-10-2011 by L.L. No. 8-2011]

§ 151-19 Off-street parking, loading and vehicular access.

A. 
General. All structures and land uses hereafter erected, enlarged, created or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the terms of this section to meet the needs of persons making use of such structures or land. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure or the development of a land use shall not be issued unless off-street automobile parking facilities and, where required, loading and unloading spaces shall have been laid out in plan, in accordance with the appropriate requirements for structures and uses as set forth in this section, unless there should occur a decrease in intensity of use. As used herein, the words "parking facilities" shall be construed to include loading and unloading spaces required by this section.
B. 
Existing structures and uses.
(1) 
Structures and land uses in existence on the effective date of this chapter or structures and uses for which building permits have been approved on said date shall not be subject to the parking or loading space requirements set forth in this section. However, any parking and loading facilities now existing to serve such structures or uses shall not, in the future, be reduced except to the extent they may exceed such requirements.
(2) 
Whenever a building or structure erected prior to the effective date of this chapter or any land use shall undergo any increase in intensity of use in the number of dwelling units, floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required parking facilities or from other causes and, further, when said increase would result in a requirement for additional parking facilities through application of the Schedules of Requirements of this section, additional parking and loading facilities shall be provided accordingly, except that no building or structure erected prior to such effective date shall be required to provide such facilities unless the aforesaid additional required facilities amount to a cumulative total increase of at least 25% over those required for the existing use as of such effective date, in which case, parking spaces shall be provided on the basis of the total units of measurements of the new use or of the alteration or expansion of the existing use.
(3) 
In case of exceptional difficulty or unusual hardship to such properties arising out of this requirement, appeal may be made to the Board of Appeals which shall require such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or expansion and shall not permit reduction or elimination of whatever quantity of parking that may already be in existence, unless it is in excess of requirements.
C. 
Submission of plans. The plans for the erection, replacement, reconstruction, extension or substantial alteration of any building or development of a land use, when submitted to the Zoning Enforcement Officer with an application for a zoning permit and/or a certificate of occupancy, shall show, by means of a plot plan drawn to scale, the specific location and size of the off-street parking facilities required to comply with this Article and the means of access to such parking spaces from the public streets or highways. Except for uses subject to Appeals Board or Planning Board approval under §§ 151-17 and 151-18, the plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the village's Engineer with regard to improvement, to safety of traffic on the public street, to safety of pedestrians on public sidewalks and to safety and adequacy of access for cars and pedestrians using the parking facility before a permit and/or certificate of occupancy shall be issued. Plans relating to parking, loading and access under §§ 151-17 and 151-18 shall be approved as provided in those sections.
D. 
Layout, location and maintenance of off-street parking facilities.
(1) 
The off-street parking facilities which are required by this Article shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument satisfactory to the Village Attorney assures the continued existence of the joint parking facility to serve said structures or land uses covered by the joint agreement as long as said structures or land uses exist. Such agreement shall also guarantee that upon the termination of such joint use by adjoining lots, each of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this § 151-19 and will secure a new certificate of occupancy.
(2) 
Parking spaces or access thereto shall not be located in any required front yard, except for entrance and exit drives connecting the parking area and the street. Exit drives shall be so located and designed that they will have unobstructed vision of the sidewalk and street in both directions from a point at least 15 feet inside the lot from the lot line crossed by the exit drive.
(3) 
Off-street parking areas shall be screened as required by § 151-13B. Where the parking areas have more than 20 spaces, at least 5% of the total area of the parking lot shall be landscaped with trees, shrubs and other materials. Such landscaped areas shall be adequately distributed throughout the entire parking area and shall be in addition to required landscaped screening areas required by § 151-13B.
(4) 
No parking area shall be located within 15 feet of any wall of a multifamily dwelling, which wall contains windows (other than kitchen and bathroom windows) with a sill height of less than eight feet above the level of said parking area.
(5) 
Required off-street parking facilities shall be completed before a certificate of occupancy shall be issued, and said parking facilities shall be maintained as long as the structure or use exists which the facilities are designed to serve. Required parking areas developed for specific structure and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses, except when dedicated to and accepted by the village as public parking areas, as permitted by Subsection G.
(6) 
Parking bay. Each off-street parking space shall be at least nine feet wide and at least 18 feet long.[1]
[1]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
E. 
Improvements of parking facilities. Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically for multifamily dwellings, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the village's Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. In multifamily residential development and in nonresidential development, the village's Engineer shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Upon a finding by the Planning Board that the immediate need for parking spaces is substantially less than the total required by Subsection I(1), the Board may temporarily waive the paving of up to one-half (1/2) of the required spaces, provided that the applicant gives assurances, satisfactory to the Village Attorney, that he will have sufficient additional spaces whenever the Planning Board makes a subsequent finding that the parking of cars connected with or visiting the use takes place on adjacent streets consistently and notifies the applicant of the additional paving required.
F. 
Alternate method of providing parking spaces. Where, because of limitations of size, dimensions or topography of lot, an applicant for the building permit in a business district finds it impracticable to provide all or a portion of the off-street parking spaces required in connection with a proposed building or addition, he may offer to grant and convey to the village appropriately located and developed land for commercial parking in an equivalent amount. If the Planning Board concurs in such finding and the appropriateness of the proposed land for parking, the Board of Trustees, at its discretion, may accept such developed land.
G. 
Dedication to village. Required off-street parking facilities which, after development, are later dedicated to and accepted by the village shall be deemed to continue to meet the requirements for which they were originally provided.
H. 
Off-street loading requirements.
(1) 
Off-street loading and unloading facilities, as defined in this chapter, and located on the same site with the use to be served shall be provided as follows:
(a) 
For retail and service business establishments, restaurants and other places serving food and beverages: one space for the first 4,000 square feet of floor area or major portion thereof used for business purposes, and one additional space for each 10,000 square feet or major portion thereof in excess of 4,000 square feet.
(b) 
For wholesale business, storage warehouses and other commercial establishments: one space for each establishment, and one additional space for each 10,000 square feet or major portion thereof in excess of 4,000 square feet.
(c) 
Reasonable and appropriate off-street loading requirements for structures and land uses shall be determined in each case by the Planning Board, which shall consider all factors entering into the loading and unloading needs of such use.
(2) 
Off-street loading and unloading facilities shall be subject to the same requirements as specified in Subsections B and E.
I. 
Schedule of off-street parking requirements amended.
(1) 
The following are minimum requirements and shall be increased as required by any special permit approval under § 151-17.
Use Minimum Spaces Per Unit
1- and 2-family dwellings 2 per dwelling unit. Spaces may be located in the main building, in an accessory building or in an open parking area to the rear of the main building.
Conversion to multifamily occupancy 1 for each additional dwelling unit
Multifamily residence 1 1/2 per dwelling unit. One-half of the required spaces shall be directly accessible to the normal approach from the street to the main entrance of the building containing the dwelling units served by the parking spaces and within 100 feet of such main entrance, as determined in the approval required by § 151-17 or 151-18.
Accessory uses, additional units as follows:
  Roomers or boarders 1 per room so occupied
  Professional offices 2 per professional person maintaining office consultation hours. Medical or dental offices shall have at least 4 spaces in addition to residential requirements.
  Home occupation 1
Place of worship, including parish house, religious school and like places of assembly 1 for each 8 fixed seats therein. Benches shall be deemed to have a capacity of 1 person for each 20 inches of bench length. 1 for each 120 square feet of floor area available to the public or useful for assembly, where the capacity is not determined by number of fixed seats.
Schools, junior colleges, colleges, universities, seminaries, convents, public libraries As determined in approval of the special permit
Museums, art galleries plus 10 for use of visitors 1 per person employed therein,
Hospital, nursing home, home for aged 1 per 3 beds for patients or guests, plus 1 for each medical and nursing staff member and 1 for each 2 service employees.
Retail or service business 1 space for each 150 square feet of gross floor area on the ground floor, and 1 space for each 300 square feet of gross floor area on other floors
Business or professional 1 space for each 300 square
office feet of gross floor area
Restaurant or other place serving food or drink 1 space for each 100 square feet of gross floor area
Hotel, rooming house, boarding-house 1 for each guest sleeping room, plus spaces required below
Bowling center 5 spaces per bowling lane
Clubs, lodges and certain recreational facilities 1 per each 3 individual, family or other types of membership for golf, swimming, tennis or country club; 1 per each 200 square feet of floor area for other types of clubs or lodges
Other types of recreational facilities As determined in approval of the special permit
Theater, auditorium, stadium or other place of public assembly, including a church without fixed seats 1 space for each 5 fixed seats; 1 space for each 100 square feet in places
Funeral homes feet of area in assembly rooms 1 space for each 50 square
Gasoline service stations, garages 1 space for each 1,000 square feet of lot area; spaces within service areas of buildings and at pumps and access lanes thereto shall not be counted
Industrial, wholesale, storage or other commercial use 1 for each 400 square feet of floor area
Other uses not listed Off-street parking requirements for type of uses that do not fall within the categories listed above shall be determined by the Town Board, after recommendation by the Planning Board, and adopted as an amendment to this chapter.
Bowling alleys, billiard and pool rooms and amusement centers or arcades
[Added 11-14-1973]
(The parking requirements for these uses shall be mandatory and must exist before a special permit may be issued; such requirements shall not be diminished by variance or otherwise.)
Bowling alleys 5 spaces per bowling alley
Billiard and pool rooms feet of gross floor area 1 space for each 100 square
Amusement centers or arcades
[Added 8-13-1975 by L.L.  No. 5-1975]
1 space for each 100 square feet of gross floor area
(2) 
Two or more uses on same lot. Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements of each individual use on the lot, except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces required for each, provided that said Board finds that the capacity to be provided will substantially meet the intent of the Article by reason of variation in the probable time of maximum use by patrons or employees at such establishments, and provided that such approval of such joint use shall be automatically terminated upon a change of use at any such establishment. The Board shall require, as a condition of its approval, a legal instrument satisfactory to the Village Attorney, assuring the continued existence and use of the joint parking facilities in connection with the uses they serve.
(3) 
[2] Emergency vehicle access. Driveways and access shall be so designed as to provide Fire Department apparatus access to within a distance of 150 feet or less of the structure it may be called upon to protect, and they shall meet the following requirements:
(a) 
They shall have a minimum width of 15 feet.
(b) 
They shall have and maintain a minimum overhead clearance of 12 feet.
(c) 
They shall be sufficient as to support a thirty-ton apparatus.
(d) 
No turn shall be of such a degree as to prevent access of Fire Department apparatus.
[2]:
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I

§ 151-20 Nonconforming uses and buildings.

A. 
Continuing existing uses. Except as otherwise provided herein (particularly in Subsections E, F and G), the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued, although such use does not conform to the standards specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.
B. 
Nonconforming use of land. Where no building is involved, the nonconforming use of land may be continued; provided, however, that:
(1) 
No such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter.
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.
(3) 
If such nonconforming use of land or any portion thereof ceases for any reason for any continuous period of more than six months or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.
(4) 
A nonconforming use of land may be changed only to a conforming use.
C. 
Nonconforming use of buildings.
(1) 
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be altered, enlarged or extended unless the use therein is changed to a conforming use, except that the Board of Appeals, after public notice and hearing, may permit a nonconforming use to be extended throughout those parts of a building which were manifestly arranged or designed for such use prior to the time of enactment of this chapter provision that made the use nonconforming, if no structural alterations other than those required for health or safety are made therein.
(2) 
A nonconforming use of a building may be changed only to a conforming use.
(3) 
If any nonconforming use of a building ceases for any reason for a continuous period of more than 18 months or is changed to a conforming use or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which said building is located.
(4) 
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
D. 
Nonconformity other than use. A building that is conforming in use but which does not conform to the height, yard, land coverage, minimum floor area per family, parking or loading space requirements of this chapter shall be of a nonconforming structure. The provisions of Subsection C shall not apply, but no permit shall be issued that will result in the increase of any such nonconformity.
E. 
Restoration of damaged structures. If any nonconforming structure or a structure housing a nonconforming use shall be destroyed by any means to an extent of more than 50% of the structure above the foundation, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located. Where the destruction of such nonconforming building is less than 50% as determined above, it may be restored in substantially the same location and the nonconforming use continued if so permitted by the Board of Appeals after public notice and hearing, provided that the total cost of such restoration does not exceed the replacement value of the destroyed portion of the building at the time of its destruction, and, further, provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall declared to be unsafe by the Zoning Enforcement Officer.
[Amended 2-12-1997 by L.L. No. 3-1997]
F. 
Nonconforming signs. Regardless of any other provisions of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed or changed to conform to the standards of said district within a period of one year from the date of adoption of this chapter.
G. 
Discontinuance of certain nonconforming uses. The following nonconforming uses are considered sufficiently objectionable, undesirable, out of character with the districts in which they are located and sufficiently detrimental to the value of other buildings and uses permitted in said districts so as to deter the proper and orderly development of said districts as well as the general welfare of the village as a whole and shall be terminated within the period designated below:
(1) 
Outdoor storage of household appliances no longer in use: 30 days after adoption of this chapter.
(2) 
Junkyards in districts where not permitted: three years after adoption of this chapter.
H. 
Compliance with limitations on external effects of uses. In order that all other nonconforming uses may gradually be brought into greater conformity with this chapter or the adverse external effects of such nonconforming uses may be reduced, the Planning Board shall review each nonconforming use not covered by Subsections F and G and propose a plan whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting and other external characteristics, architectural changes, location and layout of parking areas and access drives or by other appropriate means, such purposes may be achieved. Such plan shall be presented to the Village Board which, after public notice and hearing, may approve such plan. Within a period of not more than three years from the date the Village Board approves such a plan, the owner of the property where the nonconforming use is located shall bring such use into compliance with such plan as a condition of continuing its legal nonconforming status under this chapter.
I. 
Uses not affected by transfer. No nonconforming use of land or buildings shall be lost or in any manner affected solely by reason of a sale or transfer of title of the subject premises.

§ 151-20.1 Mobile Home Park District.

[Added 5-14-2008 by L.L. No. 2-2008]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MOBILE HOME
A movable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, to be connected to utilities and designed and constructed without a permanent foundation, for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed, and expanded later to provide additional cubic capacity, as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated touring. "Mobile home" shall mean a unit designed to be used exclusively for residential purposes, excluding a travel trailer.
MOBILE HOME PARK
Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are or can be located, regardless of whether or not a charge is made for such accommodation. The term "mobile home park" shall include the terms "house trailer park," "mobile home trailer park," "trailer camp" or other similar phrase.
MOBILE HOME STAND
That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
B. 
Dimensional standards.
(1) 
Minimum park area. A mobile home park shall have a minimum area of at least one acre.
(2) 
Minimum lot area. The minimum lot area for a mobile home unit shall be 12,500 square feet.
(3) 
Setback requirements. The minimum setback for any structure shall be 20 feet from the mobile home park public streets and sidewalks, and there shall be a minimum separation of 40 feet between structures on adjoining lots.
(4) 
Patio. A paved or hard-surface patio area of at least 150 square feet, with a minimum dimension of 10 feet, shall be provided for each mobile home.
C. 
Transportation.
(1) 
Park roadways. Construction standards and specifications for all park roadways shall be as set forth by the Village of Wappingers Falls Highway Superintendent. The mobile home park management shall own and shall be responsible for the maintenance of such park roadways.
(2) 
Access to mobile home lot. Convenient access shall be provided to each mobile home stand for maneuvering the mobile home into position. The access shall be kept free from trees and other immovable obstructions and shall be a minimum width of 12 feet or the width required by current mobile home models plus extra width necessary for maneuvering a mobile home on a curve. The alignment and gradient of such accessway shall be adequate to prevent contact of the undercarriage of the mobile home and shall be safe and easily traversed as determined by the Planning Board.
(3) 
Walkways. All mobile home parks shall be provided with safe, convenient, all-season pedestrian walkways as determined necessary by the Planning Board to:
(a) 
Connect individual mobile home sites, park roadways and community facilities.
(b) 
Provide for pedestrian circulation along all park roadways (minimum width: four feet).
(c) 
Connect mobile homes to common walks, driveways, parking areas or park roadways (minimum width: three feet).
D. 
Mobile home stands. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The stand shall provide for practical placement on, and removal from, the lot of the mobile home and retention of the home on the lot in satisfactory relationship to its surroundings. The following specific requirements shall be met:
(1) 
There shall be longitudinal gradient between 0% and 5% and an adequate crown or cross-gradient for surface drainage.
(2) 
The location of each mobile home stand shall be at such elevation, distance and angle in relation to the park roadways and the accessway to the mobile home that placement and removal of the mobile home is practical.
(3) 
The mobile home stand shall be provided with a minimum of one concrete footer every eight feet for a length of 70 feet. It shall be installed in such a way as to be perpendicular to the I-beam of the home. The minimum length of the footer shall be 12 feet for a single-wide-unit lot and 24 feet for a double-wide-unit lot. The width of the footer shall be no less than 16 inches, and it shall extend below the frost line.
E. 
Sanitation standards.
(1) 
Water supply.
(a) 
The water supply system for the mobile home park shall be connected to a municipally owned water system.
(b) 
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe and from cutoff valves.
(2) 
Sewage disposal. The sewage disposal system for the mobile home park shall be connected to a municipally owned sewer system.
F. 
Utility standards. All utility connections, including but not limited to electrical, telephone and gas connections, shall be located underground.
(1) 
Electrical requirements.
(a) 
All direct burial conductors or cable shall be buried below the ground surface so as to meet the code of the applicable utility and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than a one-foot radial distance from water, sewer, gas or communication lines.
(b) 
Each mobile home site shall be provided with electrical current of the standard voltage and frequency generally provided in the area.
(c) 
Each mobile home lot shall be provided with an approved connecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 60 amperes.
(d) 
Outlet receptacles at each mobile home stand shall be located not more than 25 feet from the over-current protective devices in the mobile home and a three-pole, four-wire, grounding type shall be used unless other grounding types are approved by the Planning Board. Receptacles shall be of weatherproof construction.
(e) 
All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.
(2) 
Lighting requirements. Mobile home parks shall be furnished with lighting units so spaced and at such heights to provide illumination for safe pedestrian and vehicular movement at night. Said design shall be as is determined by the Planning Board.
G. 
Service and storage requirements. All service and/or storage facilities as described in this section shall be appropriately and attractively screened in accordance with a plan approved by the Planning Board and shall be so maintained.
(1) 
Storage of material and equipment.
(a) 
A concrete slab shall be provided behind the mobile home for the placement of metal sheds by the mobile home owners. This slab shall be of such a size as to allow for a minimum-sized shed of 10 feet by 10 feet and an additional three feet along the edge of the shed for the placement of garbage containers. The facade of said sheds shall match that of the primary mobile home.
(b) 
Storage areas shall be maintained to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above ground. Storage shall not be permitted under mobile homes unless it is clearly shown that such storage is necessary and will not provide rodent or insect harborage.
(c) 
Storage space shall be provided by the mobile home park management for park maintenance materials and equipment.
(2) 
Liquid petroleum gas storage.
(a) 
Liquid petroleum gas (LPG) systems, if used, shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Such systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.
(b) 
All LPG piping outside of the mobile home shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.
(c) 
Liquefied petroleum gas containers installed on a mobile home site shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than 12 nor more than 60 gallons' gross capacity.
(d) 
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure, unless such installations are approved by the Dutchess County Department of Health.
(3) 
Fuel oil storage.
(a) 
All piping from outside fuel oil storage tanks or cylinders, if applicable, to mobile homes shall be permanently installed and securely fastened in place.
(b) 
All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than five feet from any mobile home exit.
(c) 
Storage tanks located in areas subject to traffic shall be protected against physical damage.
(d) 
Where safety and economics permit, fuel oil storage tanks shall be placed underground. A storage facility of approximately 275 gallons shall be provided for each mobile home lot where oil heating is used.
(4) 
Refuse.
(a) 
The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect-breeding areas, accidents, fire hazards or air pollution.
(b) 
Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them. The facade of such containers shall match that of the primary mobile home.
H. 
Location. The location of the Mobile Home Park Zone created by this section shall be that real property located on the eastern portion of Marshall Road adjacent to its intersection with Meyers Corners Road in the Village of Wappingers Falls, County of Dutchess, more specifically known as Lot 735965 on the Village Tax Map.
I. 
Licensing.
(1) 
It shall be unlawful for any person to operate any mobile home park within the limits of the Village of Wappingers Falls unless he/she holds a valid license issued biannually by the Village Board in the name of such person for a specific mobile home park. All applications for licenses shall be made to the Village Board, which shall issue a license upon compliance by the applicant with the provisions of this section and regulations issued hereunder and of other applicable legal agreements.
(2) 
Application for the original license shall be made in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee in the amount of $300, as may be amended from time to time by resolution of the Village Board of Trustees of the Village of Wappingers Falls.[1]
[1]:
Editor's Note: See Ch. A154.
(3) 
Licenses shall be valid for a period of two calendar years only. The fee for the renewal of a license shall be 1/2 of the original license fee.
(4) 
Every person holding a license shall give notice in writing to the Village Board within 24 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application, in writing, for transfer of the license and deposit of a transfer fee in the amount of $300, as the same shall be amended from time to time by resolution of the Village Board of Trustees,[2] the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this section and regulations issued hereunder.
[2]:
Editor's Note: See Ch. A154.
(5) 
Whenever, upon inspection of any mobile home park, The Village Board or its authorized agent finds that conditions or practices exist which are in violation of any provision of this section or regulations issued hereunder, the Village Board shall give notice, in writing, to the person to whom the license was issued that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice of the Village Board, the license shall be suspended. At the end of such period, the Village Board or its authorized agent shall reinspect such mobile home park and, if such conditions or practices have not been corrected, shall suspend the license and give notice, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park.
(6) 
The Village Board is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this section and regulations issued hereunder, and it shall be the duty of the mobile home park management to permit the Village Board or its authorized agent to inspect the register containing a record of all residents of the mobile home park.
(7) 
A temporary license, upon written request thereof, shall be issued by the Village Board for the mobile home park in existence upon the effective date of this section, permitting the mobile home park to operate during the period 180 days after the effective date of this section in accordance with such conditions as may be required. The fee for a temporary license shall be 1/2 of the original license fee.