[1]
Editor’s Note: Local Law No. 2-2017, adopted 7-18-2017,
provided that “all special permits heretofore granted by the
Zoning Board shall after the effective date hereof shall be granted
by the Planning Board.”
A.
Purpose.
(1)
The purpose of this section is to allow accessory
apartments by special permit on single-family properties in zoning
districts where single-family dwellings are permitted, except where
enforceable deed covenants prohibit the same, in order to provide
the opportunity and encouragement for the development of small rental
housing units designed, in particular, to meet the special housing
needs of single persons and couples of low and moderate income, both
young and old, and of relatives of families presently living in the
Town of Cortlandt. Further, it is the purpose of this section to allow
the more efficient use of the Town's stock of dwellings and accessory
buildings; to provide economic support for present resident families
of limited income; to protect and preserve property values; and to
preserve the character and appearance of single-family neighborhoods.
(2)
To achieve these goals, the following standards and
conditions apply.
B.
Standards and conditions.
(1)
No more than one accessory apartment per lot may be
permitted, nor shall the total number of dwelling units on any lot
exceed two.
(2)
No accessory apartment may be permitted in a two-family
dwelling.
(3)
No special permit for an accessory apartment within
a single-family dwelling shall be issued unless three years have elapsed
from the date of issuance of a certificate of occupancy for the dwelling
or unless no certificate of occupancy is required pursuant to Local
Law No. 6-1992 of the Town of Cortlandt[1] for such dwelling.
(4)
No special permit for an accessory apartment in an
accessory building may be issued, except in R-80 and R-40 Districts
where such accessory building existed prior to April 21, 1979. (April
21, 1979, is the date of Town-wide aerial photography.)
(5)
The owner of the lot upon which the accessory apartment
is located shall occupy one of the dwelling units on the premises
as his principal residence.
(6)
The special permit shall be issued to the owner of
the premises. The owner/applicant shall be required to file on the
subject property a declaration of covenants at the Westchester County
Clerk's office prior to the issuance of a special permit for an accessory
apartment. This declaration shall be in favor of the Town of Cortlandt
and shall state that:
(a)
The special permit for an accessory apartment
or any renewal of said special permit shall terminate upon the death
of the owner or upon the transfer of title to said premises or upon
the owner no longer occupying the premises as his principal residence.
(b)
The new owner of the premises shall have to
apply to the Zoning Board of Appeals for a special permit to continue
the accessory apartment.
(7)
Should there be a change in ownership or a change
in the residence of the owner, a new application is required to be
submitted to the Department of Technical Services to continue the
use of the accessory apartment.
[Amended 11-10-2020 by L.L. No. 4-2020]
(8)
Dimensional requirements. The following regulations
shall apply:
(a)
Accessory apartments within single-family dwellings:
[1]
Minimum size of single-family dwelling: 1,600
square feet.
[2]
Minimum size of accessory apartment: 400 square
feet.
[3]
Maximum size of accessory apartment: 25% of
the habitable floor space of the principal dwelling or 600 square
feet, whichever is less, unless in the opinion of the Zoning Board
of Appeals a greater or lesser amount of floor area is warranted by
the specific circumstances of the particular building.
(b)
Accessory apartments in accessory structures:
[1]
Minimum size of accessory building to be expanded
for an accessory apartment: 200 square feet.
[2]
Minimum size of accessory apartment: 400 square
feet.
[3]
Maximum size of accessory apartment: two bedrooms.
[4]
Minimum side and rear yards: as required for
the principal dwelling, except that the Zoning Board of Appeals may
vary front, rear and side yard requirements.
(9)
Exterior appearance. If an accessory apartment is
located in the principal dwelling, the entry to such unit and its
design shall be such that, to the degree reasonably feasible, the
appearance of the building will remain as a single-family residence.
In cases where alterations are to be made to accommodate the accessory
apartment, elevation drawings may be required to be submitted with
the application for a special permit.
(10)
Off-street parking. Off-street parking shall be provided in conformance with the requirements of Article VIII.
(11)
There shall be no renting of rooms in either
the accessory apartment or in the principal dwelling.
(12)
The accessory apartment shall meet the standards
of the New York State Uniform Fire Prevention and Building Code for
habitable space.
[Amended 9-14-2004; 7-19-2022 by L.L. No. 5-2022]
A.
It is the intent of this section to allow for the accessory office
use of existing primary structures on residentially zoned parcels
in the Town. If an applicant meets the requirements in this section,
then review shall be completed by the Department of Technical Services.
If it does not meet these requirements, then the applicant must obtain
approvals from the Planning Board and/or the Zoning Board of Appeals.
Residents working remotely without other employees on-site and without
customers who physically visit their properties are exempt from the
requirements of this provision.
B.
Any accessory office use shall meet the following conditions:
(1)
The use shall be a professional office and/or studio for an architect,
artist, engineer, insurance broker, lawyer, planner, accountant, real
estate broker, speech therapist, surveyor, massage therapist, craftsperson
and/or similar professional uses.
(2)
No more than three persons, including but not limited to partners,
associates, employees, agents, representatives, or customers, may
be engaged in the operation of such use at a point in time. At least
one of these three persons shall own the property, and not more than
one of these persons shall be an employee that resides outside of
the residence.
(3)
The applicant must provide adequate off-street parking as determined
by the Department of Technical Services.
(4)
Sufficient landscaping and buffering to provide for effective protection
of the surrounding residential areas shall be provided and maintained.
(5)
No freestanding signs are permitted to advertise the accessory use.
(6)
No manufacturing of explosives, firearms, ammunition, combustible
products, toxic products, or other hazardous products shall take place
at the property.
(7)
Outdoor storage of products is prohibited.
[Amended 5-13-2003]
A.
Purpose. The purpose of this section is to establish
conditions under which dwellings may be converted to funeral service
facilities or to allow the construction of a funeral service facility.
B.
Standards and conditions.
(1)
The lot on which the funeral service is located shall
have frontage on Route 9, Route 9A, Oregon Road, Route 6, Route 202
or Route 129.
(2)
The minimum lot area shall be one acre.
[Amended 9-14-2004]
(3)
The exterior appearance of the dwelling shall be maintained
as a single-family dwelling to the fullest reasonable degree, or the
proposed construction shall not be incompatible with the character
of a residential neighborhood. In cases where alterations are to be
made to the front facade to accommodate the funeral service or for
proposed construction, facade renderings showing the proposed alterations
or proposed construction are to be submitted with the application
for special permit.
(4)
No sign, other than a single nameplate sign pursuant to the requirements of Chapter 245, Signs, of the Town of Cortlandt Code, indirectly illuminated or nonilluminated, shall be permitted.
(5)
The permit-granting authority may reduce the number of parking spaces required by Article VIII of this chapter when it finds that the maximum anticipated number of cars at the funeral service facility, because of its particular type, location, hours of operation, capacity of the facility or other reasons, would be less than the required number of spaces, but in no event may the requirement be reduced below one space per 50 square feet floor space in assembly rooms.
A.
Purpose. Recognizing that the potential for conflict
between incompatible land uses is greatest at the boundary between
residential and nonresidential districts, it is the purpose and intent
of this section to provide for and encourage office uses and two-family
dwellings in locations where they can contribute to an orderly transition
between commercial uses and residential uses.
B.
The Planning Board shall forward all special permit
applications for business and professional offices and two-family
dwellings in transitional locations to the Zoning Board of Appeals.
The Board of Appeals, within 30 days of receipt of the application,
shall comment upon the nature of the use, its attributes and its suitability
for the neighborhood in which the use is proposed to be located.
C.
Standards and conditions.
(1)
Uses. Business and professional offices and two-family dwellings located entirely within a building, including accessory uses thereto, are permitted. Retail sales of goods or services and storage of products are prohibited. Signs shall be permitted as specified in Chapter 245, Signs, of the Town of Cortlandt Code.
(2)
Location. Business and professional office uses and
two-family dwellings as regulated by this section may be permitted
only in transitional locations as defined by this chapter.
(3)
Dimensional requirements. Minimum lot area, width
and yard dimensions and maximum lot coverage and building height shall
be as follows:
(4)
Parking. A parking plan showing parking areas, landscaping and adjacent uses shall be submitted as part of the application for a special permit. Off-street parking shall be provided as required by Article VIII of this chapter. Parking areas shall not be located in front yards, unless the permit-granting authority finds that the parking requirement cannot be satisfied by locating the required parking spaces in side and rear yards. In such cases, no more than 50% of the required parking spaces may be located in front yards.
(5)
Screening. Parking areas shall be screened along all
lot lines adjacent to other lots in residential districts by fencing
and planted materials in a manner such that the visual impacts of
such areas upon adjacent properties are minimized.
(6)
Residential appearance. In cases where alterations
are to be made to the building facade, facade renderings showing the
proposed alterations are to be submitted as a part of the application
for a special permit. Existing and proposed buildings shall maintain
a residential appearance to the extent feasible in the judgment of
the permit-granting authority. In making this judgment, the permit-granting
authority shall consider the following:
(a)
Front, side or rear building elevation visible
from a street, including the size and arrangement of doors, windows,
porticos, garages, chimneys or other openings or breaks.
(b)
Other significant design features, such as but
not limited to materials, color, roof shape, exposed mechanical equipment,
service and storage enclosures, signs, landscaping, retaining walls,
dividing walls, fences and lighting posts.
[Amended 8-15-1995]
A.
Purpose. The purpose and intent of this section is
to provide for and encourage the preservation of historic buildings
located within the Town of Cortlandt by permitting residential and/or
professional office use and commercial art handicraft uses with minimal
nuisance value of such buildings, regardless of zoning district or
districts in which such buildings are located.
B.
Standards and conditions.
(1)
Uses and location. Structures may qualify for a special
permit in any zoning district under this section only if they are
listed in the National Register of Historic Places or some other listing
or recognition of historic places by New York State, Westchester County
or the Town of Cortlandt Town Board. The following structures are
recognized and the following uses are permitted:
(2)
There shall be no enlargement or significant exterior
alteration of any such building unless it is necessary to preserve
and protect its historical and architectural integrity or to allow
for economically feasible reuse.
(3)
Each dwelling unit to be located in any such building
shall contain no less than 700 square feet of habitable space.
(4)
Existing lot area and width shall not be reduced except in compliance with the lot area and width standards applicable to the district in which the building is located and in compliance with Chapter 265, Subdivision of Land, of the Code of the Town of Cortlandt.
(5)
Site development plan approval by the Planning Board
is required.
A.
Purpose. The purpose of this section is to allow higher
educational facilities to locate in the Town in a manner which is
compatible with and not disruptive to the residential neighborhoods
and business areas of the Town.
B.
Standards and conditions. Unless in the opinion of
the Planning Board a greater or lesser amount of floor area, lot frontage,
yards or building or landscaped coverage is warranted by the specific
circumstances of the facility, the following shall apply:
(1)
Minimum lot area: 25 acres.
(2)
Minimum frontage: 200 feet.
(3)
Yard requirements. All structures shall be set back
at least 100 feet from any lot line or street line.
(4)
Maximum building coverage: 25%.
(5)
Minimum landscaped coverage: 50%.
(6)
Parking area lot line setback: 50 feet.
(7)
Maximum height: 70 feet.
(8)
Access to the premises shall be via state or county
highways only.
A.
Purpose. The purpose of this section is to provide
for the recreational needs of Town residents by allowing country clubs
in the Town and to ensure that such facilities are developed in a
manner that is not disruptive to the neighborhood.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
The club and its facilities shall be operated for
recreational, social or athletic purposes, but this requirement shall
not be construed to prevent the utilization or rental of such club
or parts thereof for benefits or performances for a recognized charity
or for meetings of other organizations.
[Amended 9-19-2000]
(2)
Minimum lot area: 50 acres.
(3)
Minimum frontage: 250 feet.
(4)
Required yards and lot line setbacks:
(a)
Buildings: 75 feet, all yards.
(b)
Recreation and activity areas other than golf
courses: 75 feet from all lot lines.
(c)
Golf courses: No required setback from lot lines,
except that the line from any tee to its green shall be at least 100
feet from all property lines.
(d)
Parking areas: 50 feet from all lot lines.
(5)
Buffers, fencing and landscaping shall be provided
in such a manner as to protect the neighborhood from noise, glare,
visual impacts, stray balls and other adverse impacts.
(6)
The permit-granting authority may reduce the number of parking spaces required by Article VIII of this chapter when it finds that the maximum anticipated number of cars at the facility, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than the required number of spaces, but in no case may the requirement be reduced below one space for each three memberships.
(7)
The dimensional standards and limitations set forth in Subsection B(2) through (4) above may be varied by the permit-granting authority upon a showing that any such variance is consistent with the purposes of this section and will not adversely affect the health, safety and welfare of the community.
[Added 9-19-2000]
A.
Purpose. The purpose of this section is to provide
for the needs of Town residents for tennis, other racquet sports,
boating, swimming and similar participatory sports opportunities by
allowing tennis and yacht clubs and similar membership sports and
recreation clubs and to ensure that such facilities are developed
in a manner that is not disruptive to the neighborhood.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
The privileges of the club shall be limited to regularly
enrolled members and their guests. The club and its facilities shall
be operated solely for recreational, social or athletic purposes and
not for pecuniary gain, but this requirement shall not be construed
to prevent the utilization or rental of such club or parts thereof
for benefits or performances of a recognized charity or for meetings
of other organizations.
(2)
Minimum lot area: two acres.
(3)
Minimum frontage: as required in the district.
(4)
Maximum building coverage: 25%.
(7)
The permit-granting authority may reduce the number of parking spaces required by Article VIII of this chapter when it finds that the maximum anticipated number of cars at the facility, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than the required number of spaces, but in no case may the requirement be reduced below one space for each three memberships.
A.
Purpose. This section establishes conditions for the conversion of buildings in the camps listed in Subsection C to year-round dwelling use. The conditions are intended to promote the health, safety and welfare of the residents of the Town of Cortlandt and to contribute to the housing needs of the Town and the region. The Town recognizes that such camps may no longer serve the purpose for which they were originally intended due to changes in lifestyle and custom and that the buildings contained within them represent a potential source of modest-cost housing.
B.
Certificate of occupancy and code compliance required.
Conversion of buildings in camps and seasonal cottage colonies to
year-round dwelling use constitutes a change in use and occupancy
classification. Therefore, a certificate of occupancy is required
before any such dwelling may be occupied as a residence and, further,
compliance with the New York State Uniform Code is required.
C.
Applicability.
D.
Standards and conditions.
(1)
All structures to be converted shall be connected
to a municipal sewer or a separate sewage disposal system approved
as adequate for year-round occupancy by the Westchester County Department
of Health and supplied by a public water supply or an individual water
supply system approved by the Westchester County Department of Health
and any other governmental agency having jurisdiction.
(2)
The standards of the Town of Cortlandt for adequate
water supply distribution for fire protection shall be met as approved
by the Town Engineer.
(4)
Adequate on-site improvements with regard to drainage,
entrance and egress, recreational activities and open space shall
be provided.
(5)
Arrangements acceptable to the Planning Board for
ownership and maintenance of all roads, utilities and recreation activities
and other facilities by a property owners' association shall have
been made.
(6)
No structure shall contain more than one dwelling
unit unless such structure contains at least 1,600 square feet of
floor area.
(7)
The standards for minimum lot area per dwelling unit
for the district in which the property is located shall be met, unless
a density bonus is granted pursuant to local law.
A.
Purpose. Recognizing the present and potential recreational
value of the Hudson River, it is the purpose and intent of this section
to facilitate and to encourage the improvement of existing marinas
in the Town and to set standards for the establishment of new marinas
in the Town.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Location. The marina shall be located either on the
Hudson River or on an estuary of the Hudson River and shall have at
least 200 feet of frontage on the river or on an estuary of the river.
(2)
Minimum lot area: two acres.
(3)
Minimum yard dimensions, maximum lot coverage and
maximum building height: as required for a single-family dwelling
in the district in which the proposed marina is located.
(4)
The marina shall comply with all regulations of all
federal, state, county and local agencies having jurisdiction and
shall submit to the permit-granting authority copies of applications
to and permits issued by such agencies. Written approval of fire lanes
and other fire prevention measures from the fire district having jurisdiction
shall be required prior to the special permit being operative.
A.
Purpose. The purpose of this section is to establish
regulations for livestock farms, kennels and riding academies in order
to protect adjoining properties and neighborhoods from adverse impacts
of such facilities and to protect the safety and well-being of the
public and of the animals maintained in such facilities.
B.
Standards and conditions. Standards and conditions
shall be as follows
(2)
Minimum yard and lot line setbacks.
(a)
Building and maintenance areas for small animals:
100 feet from any lot line.
[Amended 9-14-2004]
(b)
Building and maintenance areas for large animals
and manure storage: 100 feet from any lot line, except for temporary
grazing.
(c)
Buildings and structures in a kennel, including
runs: 15 feet from any lot line; 100 feet from any residential district.
(d)
Riding academy: 100 feet from any lot line.
(3)
The permit-granting authority shall require the owner
to document and attest that all buildings to house and maintain animals
will be of sound, weatherproof condition and will be well maintained
and drained.
(4)
Every livestock farm, kennel and riding academy shall
comply in all respects with the regulations of the Westchester County
Department of Health.
(5)
The Planning Board, in considering the application
for a special permit, shall consider the number, size, breed and temperament
of animals to be maintained and shall impose reasonable conditions
to protect adjacent properties from adverse impacts, such as noise
and odor, and the safety of the animals.
A.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Application requirements. Upon receiving a complete
application for a special permit for an amusement center, the Planning
Board shall forward the application to the Director of Code Administration
and Enforcement for recommendations regarding the New York State Uniform
Code and to the Town Chief of Police for recommendations regarding
public safety.
(2)
Location requirements: minimum of 500 feet from school
buildings, churches or other places of worship or religious instruction.
(3)
The permit-granting authority shall require that adequate
supervisory personnel shall be required on the premises at all times
during hours of operation and that persons under 16 years of age shall
not be permitted on the premises during normal school hours and that
signs so stating shall be posted in prominent locations.
(4)
The permit-granting authority may, in granting a special
permit for an amusement center, provide for and impose such conditions
and regulations as to the operation and conduct of said center as
it may deem proper for the safety, health and welfare of the patrons
thereof and of residents of the Town, such as hours of operation and
security.
A.
Standards and conditions. Standards and conditions
shall be as follows:
(2)
Minimum yards: all yards: 30 feet or a distance equal
to the height of the structure, whichever is greater.
(3)
Fencing and landscaping shall be provided of sufficient
height and density to effectively screen the facility from surrounding
property.
(4)
Off-street parking shall be provided as needed.
(5)
The permit-granting authority may attach additional
conditions, including but not limited to increased distance from lot
lines, in order to prevent any hazard to the public or noise nuisance
to surrounding property.
(6)
The permit-granting authority shall impose conditions
with respect to width of right-of-way, height and spacing of towers,
maintenance, landscaping, fencing, access roads, vehicular and pedestrian
crossings and safeguards against interference with communications
media and such other reasonable and appropriate conditions, restrictions
and safeguards as may be deemed necessary or desirable to serve or
promote the health, safety and welfare of the Town.
A.
Purpose. The purpose of this section is to allow for
the provision of hospital and nursing home facilities and accessory
buildings and uses, including dwellings for staff members, to serve
the needs for medical care of residents of the Town and to ensure
that such facilities are provided in a manner that is not disruptive
to surrounding property or the neighborhood.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Minimum lot area: 10 acres; minimum lot area per bed:
2,000 square feet.
(2)
Minimum frontage: 100 feet.
(3)
Maximum building coverage: 20%.
(4)
Maximum height: main building: 75 feet; dwellings
for staff: 35 feet; other accessory buildings: 25 feet.
(5)
Minimum building setback:
Number of Feet
| |||
---|---|---|---|
Type
|
Front
|
Side
|
Rear
|
Main building
|
200
|
125
|
125
|
Dwelling for staff
|
100
|
100
|
100
|
Other accessory building*
|
75
|
75
|
75
|
*May be located in side or rear yard only.
|
(6)
Waiver of requirements.
[Amended 5-17-2005]
(a)
Where a hospital or nursing home facility which
has previously received a special permit proposes to utilize, alter
or modify any building or structure which is in existence on the date
of the application for a new or amended special permit approval pursuant
to this section, or where an existing hospital proposes to construct
a new building or structure or addition thereto, the Planning Board,
subject to appropriate conditions, may waive the requirements for
minimum building setback, maximum height, total floor area, minimum
lot frontage, maximum building coverage, required parking, and any
such other dimensional regulation, standard or condition, including
landscaping and buffering requirements, or other requirements as set
forth in this chapter.
(b)
The Town Board does hereby determine that it
is appropriate to amend the Zoning Ordinance of the Town to allow
the Planning Board some flexibility with respect to considering applications
for existing hospital facilities within the Town. The adoption of
these amendments is not in any way to be considered an endorsement
by the Town Board of any specific plan proposed by any applicant either
presently pending or in the future filed with the Planning Board for
consideration. The Planning Board should exercise its own sound judgment
and discretion as authorized by law in making a determination on any
applications with respect to hospitals within the Town of Cortlandt.
(7)
Minimum distance between buildings: two times the
height of the taller building.
(9)
Only to be permitted on a lot in residential zones
which fronts on a state road.
[Added 9-14-2004]
(10)
Uses that meet the criteria of this special permit are only permitted
to be located in the Medical-Oriented District and commercial districts.
[Added 7-26-2023 by L.L. No. 5-2023]
A.
Purpose. The purpose of this section is to allow for
medical office buildings to serve the needs for medical care of residents
of the Town and to ensure that such facilities are conveniently located
and provided in a manner that is not disruptive to surrounding property
or the neighborhood.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Minimum lot area, frontage and location requirements.
(a)
Minimum lot area: five acres, with a minimum
of 100 feet of frontage, only to be permitted on a lot in residential
zones which fronts on a state road or on Oregon Road; or
[Amended 9-14-2004]
(b)
Minimum lot area: 20,000 square feet, with frontage
on a state highway and located within 1,000 feet of any point of the
Crompond Road frontage of the Peekskill Community Hospital.
(2)
Minimum yard and maximum building coverage requirements.
(3)
Maximum height: four stories or 50 feet.
(5)
Properties otherwise qualifying for the issuance of a special permit pursuant to § 307-60B(1)(b), on which there existed a building containing one or more dwelling units on or before January 1, 2008, may retain one of said dwelling units following the issuance of a special permit hereunder provided:
[Added 5-13-2008]
(a)
The minimum size of the dwelling unit shall be 400 square feet;
(b)
Unless, in the opinion of the Planning Board, a greater or lesser
amount of floor area is warranted by the specific circumstances of
the particular building, the maximum size of the dwelling unit shall
not exceed:
(c)
The lot is owned by the medical/dental or health care practitioner
maintaining his/her medical/dental or health care practice within
the building containing the dwelling unit;
(e)
The dwelling unit shall meet the provisions of the New York State
Uniform Fire Prevention and Building Code for habitable space.
A.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Location requirements: Manufacturing (M-1) zoning
districts only.
(2)
Lot area and frontage requirements: minimum lot area
of five acres; maximum lot area of 10 acres; and minimum frontage:
100 feet.
(3)
Use requirements. No residential use shall be permitted
on a site to be used for a junkyard.
(4)
Screening, landscaping and fencing.
(a)
The junkyard shall be entirely surrounded by
a solid wall or opaque fence at least eight feet in height but not
more than 10 feet in height in order to prevent any nuisance to surrounding
property. Such wall or fence shall be located at such distance from
any adjacent street as may be determined by the permit-granting authority
as adequate to avoid impairment of sight distance or other impairment
to traffic on such street but in any case shall be set back at least
30 feet from all street lines and at least 100 feet from the boundaries
of any residential districts.
(b)
The yards between any wall or fence and the
boundaries of the lot shall be used only for landscaping, parking
and driveways as approved by the permit-granting authority. Landscaping
shall be provided of the type and amount designated by the permit-granting
authority as necessary to assure that such fencing will be harmonious
with the existing character of the adjoining development. Such landscaping
shall be at all times maintained in full compliance with any conditions
as established by the permit-granting authority.
(5)
Storage. The height of materials stored within any
walled or fenced area shall not be greater than one foot less than
the height of the fence.
(6)
Visibility of storage. No site may be approved for
use as a junkyard if the topography of the surrounding property is
such that an individual standing on the ground within a residential
district and within 300 feet of the junkyard site can view into any
outdoor storage on said site.
(7)
Hours of operation. No work or other activity shall
be carried on within the site between the hours of 7:00 p.m. and 7:00
a.m.
(8)
Inspection. The Director of Code Administration and
Enforcement or his designee shall be granted access to the area of
the activity or business at all reasonable hours to inspect the same
for compliance with the conditions of the permit and shall enforce
those conditions in the same manner as all other provisions of this
chapter.
(9)
Permit duration and renewal. Permits shall be issued
conditionally for three-year periods upon a showing of compliance
with the terms and conditions of this chapter and the special permit
during the preceding permit period.
(10)
Operation under previously issued permits. Junkyards,
whether conforming uses or not, with permits pursuant to § 88.37F,
adopted October 2, 1951, or Chapter 31 of the Code of the Town of
Cortlandt[1] shall be required to obtain special permits within three
years of the date of adoption of this chapter and every three years
thereafter.
(11)
Conditions of operation. The junkyard shall
be operated pursuant to the regulations of this chapter and the conditions
of the special permit. Upon failure to do so, the special permit may
be rescinded after a public hearing thereon at which the permittee
shall have an opportunity to be heard. Upon such termination of a
special permit, the permit-granting authority may require the removal
of any material within the junkyard which would otherwise be allowed
by the special permit.
A.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Minimum distance from public and semipublic uses:
200 feet from any church or other place of worship, hospital, public
library, school or playground.
(2)
Minimum frontage: 100 feet. Automotive body and paint
shops designed to serve trucks shall have sufficient frontage so that
any vehicle leaving the site may turn into the nearest lane of traffic
moving in the desired direction and be channeled within such lane
before crossing the nearest intersection.
(3)
Surface improvements. All driveways, parking or standing
areas and service areas or aprons shall be permanently improved with
a paved surface.
(4)
Service aprons shall be separated from adjoining streets
or highways by permanent concrete curbing. There shall be no dumping
of waste materials, such as oil or grease, except in closed noncorrosive
receptacles at a place and of a design approved by the permit-granting
authority.
(5)
Areas for storage of vehicles. Storage areas for the
sale of motor vehicles shall be designated on the site plan and shall
be limited to those designated areas. Such areas shall be appropriately
screened and buffered from adjacent uses so as to prevent adverse
visual, noise and other impacts.
A.
Dimensional requirements. The following dimensional
requirements shall apply unless modified by the permit-granting authority:
(1)
Buildings shall comply with the standards set forth
on the Table of Dimensional Regulations for HC Districts.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
C.
Landscaping, screening and buffering. The requirements set forth in Article VII of this chapter shall be met.
D.
Additional conditions.
(1)
The sale of vehicles as an accessory use shall be
limited as follows:
(a)
No more than five vehicles for sale may be stored
on the premises at any one time.
(b)
Areas for the storage of vehicles for sale shall
be designated on the site plan and shall be limited to only those
areas. Such areas must be adequately screened and buffered from adjacent
residential properties so as to prevent adverse visual, noise and
other impacts. Such storage areas shall not be located in front yards.
(2)
Pedestrian and vehicular circulation, including pedestrian
access to bill-paying facilities and any accessory convenience stores,
stacking of vehicles awaiting fuel purchase and the short-term parking
of vehicles for bill paying, shall be arranged so as to be separate,
convenient and safe.
E.
No new gasoline pumps or filling stations shall be added on the Cortlandt
Boulevard/Route 6 Corridor as of July 20, 2022. Projects that include
the addition of pumps or filling stations that have been approved
by the Planning Board before June 30, 2022, shall be excluded from
this prohibition.
[Added 7-19-2022 by L.L.
No. 5-2022]
A.
Purpose. The Town recognizes that two-family dwellings play an important role in the Town by expanding housing choices and providing a variety of housing opportunities. Two-family dwellings can be a source of rental units which can help meet the housing needs of Town residents and can provide a source of income for the owners of such dwellings. The Town further recognizes that environmental conditions, such as soils, slopes and wetlands, can impose constraints on the location of such dwellings, and neighborhood characteristics, such as land use patterns, adequacy of open areas and yards, the scale of existing buildings, traditional ownership patterns and traffic safety, must be taken into account when locating such dwellings. The purpose of this section is to establish standards and conditions by which two-family dwellings may be allowed by special permit in RG Districts as required by Article V of this chapter in order to ensure protection of the environment, adequacy of yard and building areas and preservation of neighborhood character.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(1)
Dimensional requirements. Dimensional requirements
are set forth on the Table of Dimensional Requirements for two-family
dwellings.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
A.
Purpose. This section is intended to establish requirements
for multifamily dwellings in HC Districts in the central portion of
the Route 9A Corridor which further the Town's goal of establishing
mixed-use village developments, which may include multifamily dwellings,
in that area.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(2)
All multifamily dwellings shall be connected to a
municipal sewer or separate sewage disposal system approved by the
Westchester County Department of Health and supplied by a public water
supply or an individual water supply system approved by the Westchester
County Department of Health and any other governmental agency having
jurisdiction.
(3)
Multifamily dwelling projects should be developed
in a manner which promotes physical and visual connections and other
relationships with existing or potential developments on adjacent
and nearby properties. These relationships may include walkways and
roadways which connect with walkways and roadways, existing or potential,
on adjacent properties; orientation of buildings with regard to functional
connections with developments on adjacent properties; facilities such
as water, sewer and drainage which serve or potentially can serve
developments on adjacent property; and the siting of buildings and
parking areas with respect to visual impacts on adjacent properties.
(4)
Parking areas should be arranged so as not to be visually
prominent when viewed from Route 9A.
(5)
Open space and recreation areas should be provided
on the site in amounts sufficient and appropriate for the needs of
residents of the project.
[Added 3-14-1995]
A.
Purpose.
(1)
The Town hereby finds certain uses of property,
by their nature, have objectional operational characteristics which
can lead to a significant impact on the surrounding community. The
purpose of this section is to prevent the unrestricted proliferation
of such uses and to ensure that the effects of such uses will not
adversely affect the health, safety and economic well-being of the
community and particularly the children of the community by enacting
criteria for the establishment of adult entertainment uses.
(2)
The unrestrained proliferation and inappropriate
location of such businesses is inconsistent with existing development
and future plans for the Town of Cortlandt in that they often result
in influences on the community which increase the crime rate and undermine
the economic, moral and social welfare of the community. The deleterious
effects of these businesses change the economic, moral and social
character of the existing community and adversely affect existing
business, community and family life. Special regulations of these
uses is necessary to ensure that these adverse affects will not contribute
to the blighting or downgrading of the surrounding neighborhoods and
land uses.
(3)
In order to prevent the concentration of such
businesses and to ensure that they will not adversely effect the health,
safety and economic well-being of the community, the Town Board of
the Town of Cortlandt finds it in the public interest to enact these
standards which regulate the placement, construction and/or permitting
of adult entertainment use businesses in the Town of Cortlandt.
B.
Standards and conditions.
(1)
Adult entertainment uses shall be permitted
by special permit issued by the Town Board in HC Zones only.
(2)
No adult entertainment use shall be permitted:
(a)
Within 1,500 feet of any other lot containing
an adult entertainment use.
(b)
Within 1,500 feet of any lot on which is located
a church, school, nursing home, hospital, park or parkland, Town office,
railroad station and related parking facilities and facilities for
the mentally or physically handicapped for housing, training or places
of employment, regardless of whether such facility is owned by or
under contract to any governmental entity.
(c)
Within 500 feet of any lot within a residentially
zoned district.
(d)
Within 500 feet of any lot within a residentially
zoned district of an adjacent municipality.
(e)
Within 500 feet of Camp Smith Reuse Districts
A and B.
(4)
No more than one adult entertainment use shall
be permitted on any lot.
(5)
The proposed use shall meet all other requirements
of this chapter and other ordinances and local laws of the Town of
Cortlandt and all other requirements and laws of Westchester County,
New York State, and the United States of America.
(6)
It shall be a condition of any special permit
issued for an adult entertainment use that no person under the age
of 18 years shall be permitted into the premises.
(7)
The Town Board may impose such terms and conditions
upon the issuance of the special permit required hereunder as it deems
appropriate to further the aims of this subsection, including but
not limited to restrictions on advertising, outdoor displays and the
location of merchandise.
C.
Inspection requirements.
(1)
Prior to the commencement of any adult entertainment
use business or upon any transfer of ownership or control, the premises
must be inspected and found to be in compliance with the New York
State Uniform Building and Fire Prevention Code[1] and all other laws, rules and regulations within the jurisdiction
of the Director of Code Enforcement[2] and other code enforcement officials.
(2)
An applicant or permittee and/or licensee shall
permit representatives of the Town Police Department, Code Enforcement
Department or other Town departments or agencies to inspect the premises
of an adult entertainment use business for the purpose of ensuring
compliance with the law at any time it is occupied or open for business.
[Added 8-15-1995]
A.
Purpose.
(1)
It is the specific purpose and intent of this
provision to address the need of residents to locate convenient accommodation
for visitors, to provide local accommodation for short-term visitors
to the community, to encourage preservation of large older dwellings
by providing a cost-effective alternative or adaptive use that can
relieve the maintenance burden on the owners of such buildings and
to encourage the preservation of large residential lots and their
open space character by permitting an alternative use consistent with
the residential character of the community. Furthermore, it is the
purpose and intent of this provision to provide economic support for
present resident families, to protect and preserve property values,
to ensure health and safe living conditions and to have more effective
regulation and control of Town growth and development.
(2)
In furtherance of these purposes, specific conditions
are set forth below for bed-and-breakfast establishments.
B.
Standards and conditions.
(1)
The property and structures thereon shall conform
to the lot area, yard and other requirements for the zoning district
in which the property and structures are located unless a variance
therefor shall have been granted by the Zoning Board of Appeals.
(2)
The building housing a bed-and-breakfast establishment
shall be an existing, detached single-family dwelling and its use
as a bed-and-breakfast establishment shall not conflict with its appearance
or function as such.
(3)
The minimum size lot on which a bed-and-breakfast
establishment may be located is 40,000 square feet. A bed-and-breakfast
establishment may be permitted on a lot with a smaller area only if
such lot is located in a nonresidential district and the Zoning Board
of Appeals finds that a bed-and-breakfast establishment can be adequately
accommodated within the existing principal dwelling building, that
it will not overburden the property and that it will be a use compatible
with the surrounding properties.
[Amended 9-14-2004]
(4)
The owner of the lot upon which the bed-and-breakfast
establishment is to operate shall occupy and maintain the bed-and-breakfast
establishment as his/her legal, principal residence.
(5)
The maximum number of bedrooms that may be available
to overnight guests shall be four. The Zoning Board of Appeals shall
be responsible for determining and limiting the number of bedrooms
in each dwelling in connection with its review of the special permit
application.
(6)
Meal service shall be limited to a morning meal
served to overnight guests only.
(7)
No less than one off-street parking space shall
be provided per bedroom designated as available for overnight guests.
Said parking shall be in addition to the parking required by this
chapter for the single-family dwelling use. The Zoning Board of Appeals
shall be responsible in connection with its review of the special
permit application for determining that the required number of parking
spaces can be provided in a safe manner on the subject lot so as to
not establish a nuisance or burden for adjacent and surrounding lots.
(8)
Signage shall comply with the provisions for signs in residential districts as set forth in Chapter 245 of the Code of the Town of Cortlandt, provided that there shall be no more than one sign, which may be freestanding, not exceeding four square feet in area.
(9)
Smoke alarms shall be installed in each bedroom
of the bed-and-breakfast establishment.
(10)
Permit period and renewal. The special permit
shall be granted for a period of three years and may be renewed for
additional three-year periods. An application for renewal of the special
permit shall be made to the Code Enforcement Department on a form
provided by that department and with a fee in an amount set forth
in a fee schedule adopted by the Town Board. The Code Enforcement
Department shall reissue the permit if inspection of the premises
finds it to be in compliance with all applicable codes, the requirements
of this section and the provisions of the original approval. Should
the Code Enforcement Department find that the premises are not in
compliance with all applicable codes, they shall initiate appropriate
enforcement procedures.
[Added 3-16-1999]
A.
Purpose.
(1)
The Town hereby finds that the preservation
of open space in its natural condition and the promotion of public
understanding, awareness and appreciation of the natural environment
makes important contributions to the quality of life in the Town,
and the Town welcomes the contribution to the achievement of that
goal made by private not-for-profit efforts supplementing those of
public agencies.
(2)
The Town finds further that the most meaningful
and extensive preservation efforts are possible in the Town's least
developed areas which are generally mapped in the R-80 and R-40 Single-Family
Residential Districts, which are the most restrictive residential
zones.
(3)
The Town finds further that it is necessary
to achieve compatibility between the activities normally carried on
by organizations entrusted with the task of running nature preserves
and providing related environmental and agricultural education programs
and the residential uses in their vicinity.
B.
Standards and conditions. Standards and conditions
shall be as follows:
(2)
Application requirements. Upon receiving a complete
application for a special permit, the Planning Board shall forward
the application to the Town Departments of Technical Services and
Environmental Services for recommendations regarding all applicable
Town Codes and to the Fire Advisory Board and to the Police Department
for recommendations regarding public safety.
(3)
Minimum lot area: 10 acres.
(5)
Hours of operation. All activities open to the
public shall be carried on during hours as determined by the permit-granting
authority.
(6)
Fencing, landscaping and other buffering techniques
shall be provided in such a manner as to mitigate noise, glare, visual
and other adverse impacts on adjoining properties.
(7)
Inspection. The Director of Code Administration
and Enforcement and his or her designee shall be granted access to
the areas of activity at all reasonable hours to inspect the same
for compliance with the conditions of any special permit.
(8)
Permits hereunder shall be issued for terms of five years and may be renewed by the Planning Board. Anytime prior to the expiration of any permit issued hereunder upon receipt of a request for renewal by the property owner and/or revision of such permit, and upon publication and notice as provided in § 307-41B and C of this chapter, the Planning Board will schedule a public hearing to be held to consider the renewal of any permits hereunder for an additional five-year period or the revision of any such permit. Upon a finding that the permit holder has substantially complied with the prior permit, the Planning Board may extend the permit for an additional five-year period. The same renewal process shall occur for any permit or renewal granted hereunder.
(9)
Traffic controls. The permit-granting agency
shall consider and may require as appropriate in their judgment any
combination of the following:
(a)
Personnel to provide for the control of traffic
coming to and leaving from the site during functions.
(b)
The use of buses and/or vans to provide the
transportation to and from the site and may specify the vehicle size
and type and the travel route to be followed.
(c)
Limited or no on-street parking.
(10)
Conditions of operations.
(a)
Programs. The Planning Board may establish reasonable
limits for all special permit uses, including, but not necessarily
limited to, maximum number of participants per program, maximum number
of programs per day, minimum time interval between programs and/or
the starting times thereof, bus/van transportation, registration and
scheduling records.
(b)
All activities shall be operated pursuant to
the regulations of this chapter and the conditions of the special
permit. Upon failure to do so, the special permit may be rescinded
after a public hearing thereon at which the permittee shall have an
opportunity to be heard.
(11)
Records. Program registration and scheduling
records shall be maintained by the owner for at least the three most
recent years for the duration of the special permit and shall be available
for inspection by authorized Town representatives, upon reasonable
notice during normal business hours.
(12)
Use of buildings. The use of existing or proposed
buildings for indoor educational, maintenance, administration, storage
and other related functions are subject to Planning Board approval.
(13)
Activity permit.
(a)
Any property owner whose property has been granted
a special permit shall have the right to make a letter application
to the Planning Board for the issuance of an activity permit. Said
letter application shall fully describe the activity that the property
owner wishes to conduct on the subject premises and shall fully describe
any impact that said activity may have with respect to any of the
standards set forth herein for the special permit governing the use
of the property.
(b)
Upon receipt of a letter application, and upon publication and notice as required for special permits under § 307-41B and C of this chapter, the Planning Board shall hold a public hearing and receive comment upon the proposed request. Following the public hearing, the Planning Board, in its sole discretion, shall have the authority to grant the activity permit subject to such reasonable conditions as the Planning Board may impose using the standards of a special permit as a guide.
(c)
It is the intent of the Town Board that no drawings
or engineering approvals be mandated or required in any application
for an activity permit and that the primary concern of the Town Board
with respect to said activities permits is that the property owner
fully address the traffic impacts, etc., upon the community in which
the property lies and which has been granted a special use permit.
(d)
An activity permit shall be of limited duration
and shall expire upon the conclusion of the activity for which it
was granted. In granting an activity permit, the Planning Board shall
specifically specify the dates upon which the activity may be held
and may include at its discretion alternate dates to provide and allow
for inclement weather and other conditions.
(14)
Following the effective date hereof, any property
owner who is required to obtain a permit herein shall have 60 days
within which to apply. Provided that an application is filed and the
property owner diligently pursues said application before the Planning
Board, no violations will be issued as to that property for continuing
any ongoing programs until a determination is made by the Planning
Board on their application.
(15)
No overnight lodging shall be permitted.
[Added 7-26-2023 by L.L. No. 5-2023]
(16)
The Planning Board shall ensure that all applicants host scheduled,
public events open to all members of the Town of Cortlandt at an appropriate
size based on the layout of each property.
[Added 7-26-2023 by L.L. No. 5-2023]
[Added 12-12-2006 by L.L. No. 8-2006]
A.
Purpose. The Town recognizes that safe, well-situated
facilities should be provided in the Town to meet the needs of nursery
care, day-care and child education programs. The Town further recognizes
that such facilities should be provided in a manner that does not
disrupt residential neighborhoods while providing such neighborhoods
with access to such facilities. The purpose of this section is to
allow for certain types of NYS Department of Education licensed nursery/day-care-center
facilities that are most compatible in certain residential zoning
districts and to establish standards which ensure protection of those
neighborhoods. To the extent that the NYS Social Service Law preempts
local jurisdiction, these regulations do not apply to certain types
of day-care facilities.
B.
Application requirements. A site development plan showing the location of structures, recreation areas, parking and dropoff areas and other requirements or conditions of a site development plan shall be submitted as part of the application for a special permit. Site development plan approval shall be as required by § 307-66.
C.
Standards and conditions:
(1)
The minimum lot area on which a nursery/day-care
center shall be located is 2.5 acres.
(2)
The structure to be converted to such center
must be an existing structure with a minimum of 5,000 square feet,
having setbacks from property lines from all sides of a minimum of
75 feet.
(3)
The lot must be located in the R-40 or R-80
Residential Zoning District.
(4)
The lot must be located on a public road.
(5)
Application requirements. Upon receiving a complete
application for a special permit, the Planning Board shall forward
the application to the Town Departments of Technical Service and Environmental
Services for recommendations regarding all applicable Town Codes and
to the Fire Advisory Board and to the Police Department for recommendations
regarding public safety.
(6)
Hours of operation. All activities open to the
public shall be carried on during hours as determined by the permit-granting
authority.
(7)
Fencing, landscaping and other buffering techniques
shall be provided in such a manner as to mitigate noise, glare, visual
and other adverse impacts on adjoining properties.
(8)
Inspection. The Director of the Department of
Technical Services and his or her designee shall be granted access
to the areas of activity at all reasonable hours to inspect the same
for compliance with the conditions of any special permit.
(9)
Permits hereunder shall be issued for terms of five years and may be renewed by the Planning Board. Anytime prior to the expiration of any permit issued hereunder, upon receipt of a request for renewal by the property owner and/or revision of such permit, and upon publication and notice as provided in § 307-41B and C of this chapter, the Planning Board will schedule a public hearing to be held to consider the renewal of any permits hereunder for an additional five-year period or the revision of any such permit. Upon a finding that the permit holder has substantially complied with the prior permit, the Planning Board may extend the permit for an additional five-year period. The same renewal process shall occur for any permit or renewal granted hereunder.
(10)
The proposed facility must be under the regulation
of the Commissioner of Education of New York State.
(11)
Traffic controls. The Planning Board shall consider
and may require, as appropriate in its judgment, any combination of
the following:
(a)
Personnel to provide for the control of traffic
coming to and leaving from the site during functions.
(b)
The use of buses and/or vans to provide the
transportation to and from the site; and specify the vehicle size
and type and the travel route to be followed.
(c)
Limited or no on-street parking.
(12)
Conditions of operations.
(a)
Programs. The Planning Board may establish reasonable
limits for all special permit uses, including, but not necessarily
limited to, maximum number of participants per program, maximum number
of programs per day, minimum time interval between programs and/or
the starting times thereof, bus/van transportation, registration and
scheduling records.
(b)
All activities shall be operated pursuant to
the regulations of this chapter and the conditions of the special
permit. Upon failure to do so, the special permit may be rescinded
after a public hearing thereon at which the permittee shall have an
opportunity to be heard.
(13)
Records. Program registration and scheduling
records shall be maintained by the owner for at least the three most
recent years for the duration of the special permit and shall be available
for inspection by authorized Town representatives, upon reasonable
notice, during normal business hours.
(14)
The Planning Board may, in granting a special
permit for a nursery/day-care center, require such conditions and
regulations as to the operation and conduct of such center as it may
deem proper and appropriate for the safety, health and welfare of
the children and employees of such center.
[Added 7-20-2010 by L.L. No. 12-2010[1]]
Contractors' yards will be permitted by special permit of the
Planning Board in MD Zones and M-1 Zones only as follows:
A.
The setback from residential districts shall be four times (not less
than 300 feet) the required setback set forth in the Table of Dimensional
Regulations.[2] Buffers shall be enhanced with suitable landscaping as
determined by the Planning Board.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
On-site contractor operations. Noise levels shall not exceed 65 dB
for more than two hours in total during any workday at the boundaries
of residential districts, nor shall any unreasonably intrusive noise
be created. An "unreasonably intrusive noise" is any sound which would
annoy, disturb or irritate a reasonable person of normal sensitivities
under the same circumstances. Otherwise, operations shall not exceed
55 dB during the workday at the boundaries of the residential districts.
C.
A buffer of 1,000 feet from residential districts must be maintained
to protect adjacent areas from grinding or any other processing or
storage of raw materials, including earth, compost and trees, unless
said activities are contained in a fully enclosed permanent structure.
This requirement shall not apply to any contractors' yard legally
existing at the time of the adoption of this provision.
D.
The site must be on or within 1,500 feet of a state highway.
E.
Fugitive dust or odors from contractor activities must be contained
on site. The Planning Board may require periodic off-site air testing
as directed by the Director of Technical Services.
F.
Impervious coverage shall be limited to 55% of the site, including
the building coverage.
G.
The Planning Board may require truck counters to be located at the
entrance to the facility and require that the number of daily truck
trips be monitored for a period of time following the issuance of
a certificate of occupancy, not exceeding a period of two years, at
the applicants expense, for the purpose of validating the traffic
projections and impacts created thereby.
H.
Outdoor storage of materials shall not exceed 20% of the site (excluding
all buffers). Storage piles shall not exceed a height of 20 feet.
The Planning Board may require that the storage piles be located within
buildings or open sheds. Outside storage shall be limited to those
specific locations approved by the Planning Board.
I.
The Planning Board may also require conformance with additional standards
in order to prevent a nuisance to neighboring properties by reason
of dust or odor or any other reason.
J.
Business activities and maintenance activities requiring the use
of machinery, equipment or power tools shall be permitted between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays and from 8:00 a.m.
to 5:00 p.m. on Saturdays. All such work is prohibited on Sundays
and legal holidays.
K.
The Planning Board may require that security fencing be located around
areas or structures to address safety concerns.
L.
Permitted activities: storage of raw materials, vehicles and equipment
and maintenance of vehicles and equipment used in particular trade
operations and associated office uses.
M.
Prohibited activities: Garbage or waste transfer stations; mining; rock/stone/concrete crushing (except as detailed in Subsection P); the storage, processing or handling on site of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371.
N.
Permit duration and renewal. Permits shall be issued conditionally
for a three-year period upon a showing of compliance with the terms
and conditions of this chapter and the special permit during the preceding
permit period.
O.
Standards set forth in Subsections H (outdoor storage) and J (business activities) as noted herein may be varied by the Planning Board.
P.
Nothing contained herein shall prohibit the processing and crushing
of aggregate on the site of any approved subdivision and/or site plan
to be utilized solely on site for the construction of the improvements
required by the approval.
[1]
Editor's Note: This local law also provided that any legally
existing contractors' yards existing on the date of the enactment
of this local law would be deemed to be granted a special permit,
regardless of whether they comply with the provisions of this local
law, and that any future expansion of legal contractors' yards would
be subject to the requirements of this local law as long as said requirements
only apply to the expansion area and not the existing operation.
[Added 7-20-2010 by L.L. No. 12-2010]
Specialty trade contractors will be permitted by special permit
of the Planning Board in the CC, HC, HC-9A, MD and M-1 Zones only
as follows:
A.
The setback from residential districts shall be two times the required
setback set forth in the Table of Dimensional Regulations.[1] Buffers shall be enhanced with suitable landscaping as
determined by the Planning Board.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
On-site contractor operations. Noise levels shall not exceed 65 dB
for more than two hours in total during any workday at the boundaries
of residential districts, nor shall any unreasonably intrusive noise
be created. An "unreasonably intrusive noise" is any sound which would
annoy, disturb or irritate a reasonable person of normal sensitivities
under the same circumstances. Otherwise operations shall not exceed
55 dB during the workday at the boundaries of the residential districts.
C.
Fugitive dust or odors from contractor activities must be contained
on site. The Planning Board may require periodic off-site air testing
as directed by the Director of Technical Services.
D.
Impervious coverage shall be limited to 55% of the site, including
the building coverage.
E.
The Planning Board may require truck counters to be located at the
entrance to the facility and require that the number of daily truck
trips be monitored for a period of time following the issuance of
a certificate of occupancy, not exceeding a period of two years, at
the applicant's expense, for the purpose of validating the traffic
projections and impacts created thereby.
F.
Outdoor storage of materials shall not exceed 20% of the developed
site. Storage piles shall not exceed a height of 10 feet. The Planning
Board may require that the storage piles be located within buildings
or open sheds. Outside storage shall be limited to those specific
locations approved by the Planning Board.
G.
The Planning Board may impose such additional standards in order
to prevent a nuisance to neighboring properties by reason of dust
or odor or any other reason.
H.
Business activities and maintenance activities requiring the use
of machinery, equipment or power tools shall be permitted between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays and from 8:00 a.m.
to 5:00 p.m. on Saturdays. All such work is prohibited on Sundays
and legal holidays. The Planning Board may vary the above times by
not more than two hours.
I.
The Planning Board may require that security fencing be located around
areas or structures to address safety concerns.
J.
Permit duration and renewal. Permits shall be issued conditionally
for a three-year period upon a showing of compliance with the terms
and conditions of this chapter and the special permit during the preceding
permit period.
K.
Unless set forth above, no variance of any of the above conditions
are authorized.
L.
Nothing contained herein shall prohibit the processing and crushing
of aggregate on the site of any approved subdivision and/or site plan
to be utilized solely on site for the construction of the improvements
required by the approval.
[Added 11-16-2010 by L.L. No. 18-2010; amended 9-22-2020 by L.L. No. 3-2020]
Cortlandt Boulevard special permit: Along Cortlandt Boulevard (Route 6), any property with frontage thereon, in which the building was once a residential property that has since either been converted or is able to be converted into a commercial building, may upon application to the Department of Technical Services be granted a special permit to convert the entire structure for residential use. These dwelling units shall meet all of the standards of an accessory apartment listed in § 307-45 hereof except that the provisions thereof shall be modified as follows:
A.
No owner occupancy is required.
B.
No declaration
of covenants is required to be filed and the special permit does not
expire upon transfer of title or death of the owner.
C.
No minimum building size shall apply.
D.
The minimum size of the apartment shall be 400 square feet. There
is no maximum size limit.
E.
Apartments shall only be studios or one bedroom. No two-bedroom allowed.
F.
The units must be within the principal structure with no expansion
of the existing structure permitted.
G.
The exterior appearance of the building shall be modified, as necessary,
to maintain a residential appearance of the structure. Elevation drawings
and referral to the Town's Architectural Advisory Council may be requested
by the Department of Technical Services during the review of the application.
H.
One
parking space per unit is required.
I.
Directional
signage, pavement striping and other details, to the satisfaction
of the Director of Technical Services, shall be required to provide
safe ingress and egress to all sites subject to this special permit.
[Added 9-20-2011 by Res. No. 223-11]
A.
A permit
issued by the Director of Code Enforcement for the outdoor display
of merchandise shall be available to stores of 2,500 square feet of
gross floor area or less. Stores greater than 2,500 square feet of
gross floor area must receive approval from the Planning Board.
B.
The
outdoor display of merchandise shall not exceed 10% of the gross area
available within the retail establishment.
C.
Only
a tenant or owner of the retail premises shall be permitted to display
merchandise for sale on the exterior of the premises.
D.
No parking
space shall be eliminated by the outdoor display of merchandise.
E.
The
outdoor display of merchandise shall not impede pedestrian sidewalks,
walkways or any other area as determined by the Director of Technical
Services to be necessary for the proper and safe operation of the
shopping area.
F.
The
Director of Code Enforcement and the Planning Board, when reviewing
the proposed locations for the sale and display of outdoor merchandise,
shall take into account the visual appearance of the proposed storage
areas, whether the areas are covered or not, issues relating to the
safe storage of the materials such as the height of the displays,
etc.
G.
The
Director of Technical Services, in his sole discretion, may refer
the applicant for this permit to the Planning Board for a review by
the Planning Board without public hearing as to the granting of a
permit.
H.
The
Town Fire Inspector shall review and approve the storage area to determine
that it does not block fire or emergency access to the premises.
[Added 11-19-2019 by L.L. No. 5-2019]
A.
Purpose. The Town wishes to allow crushing in the M-1A Zone to allow
for the recycling of naturally occurring rock and certain construction
and demolition debris in conformance with the New York State Department
of Environmental Conservation's ("DEC") guidelines.
B.
Standards and conditions:
(1)
The property must be in the M-1A Zone.
(2)
Crushing may occur only for two thirty-day periods during each
twelve-month period.
(3)
Crushing of natural rock and other construction and demolition
debris shall only occur within the limits of any permits granted by
the DEC, not to exceed 5,000 cubic yards per any twelve-month period.
(4)
Any person or legal entity who wishes to engage in rock crushing
must obtain an operating permit to be renewed yearly by the Department
of Technical Services.
(5)
All special permits are subject to the approval of the Planning
Board.
(6)
The special permit must be renewed every three years.
(7)
Any applicant for this special permit must establish an escrow
account to cover the Town's monitoring of the operation.
[Added 10-19-2021 by L.L. No. 6-2021]
An active adult residential community shall be added as a special
permit use granted by the Planning Board with the following standards
and conditions:
A.
Minimum lot area: eight acres.
B.
Maximum density: 17 units per acre.
C.
Maximum building height: 50 feet with no more than three stories.
D.
Maximum floor area: 135,000 square feet.
E.
Required parking: 1.0 space per dwelling unit.
F.
Frontage and primary access on a state road or on Oregon Road.
G.
Connected to public water and sewer.
H.
The requirements of this provision shall not be varied by the Zoning
Board of Appeals.