This chapter shall be known as the "Zoning Ordinance
of the Town of Putnam Valley."
This chapter is adopted pursuant to authority
set forth in §§ 263 and 265 of the Town Law of the
State of New York and shall be applicable to all property within the
corporate limits of the Town of Putnam Valley, herein referred to
as "the Town."
[Added 10-13-2021 by L.L. No. 8-2021]
A.
Legislative
intent. It is the intent of this section to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of Putnam Valley that would otherwise be allowed under Cannabis
Law Article 4.
B.
Statement
of authority. This section is adopted pursuant to Cannabis Law § 131
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of cannabis
retail dispensary licenses and/or on-site consumption licenses within
the jurisdiction of the Town of Putnam Valley, and is subject to a
permissive referendum, the procedure of which is governed by Municipal
Home Rule Law § 24.[1]
[1]
Editor's Note: No petition for referendum was filed within
the required timeframe.
C.
Local
opt-out. The Town Board of the Town of Putnam Valley hereby opts out
of allowing cannabis retail dispensaries and on-site cannabis consumption
sites from being established and operated within the Town's jurisdiction.
D.
Permissive
referendum/ referendum on petition. This section is subject to a referendum
on petition in accordance with Cannabis Law § 131 and the
procedure outlined in Municipal Home Rule Law § 24.
E.
Severability.
If any clause, sentence, phrase, paragraph or any part of this section
shall for any reason be adjudicated finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this section, but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or part thereof, directly involved in the controversy or action in
which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this section would
have been adopted had any such provisions been excluded.
F.
When
effective. This section shall become effective immediately upon filing
in the office of the Secretary of State.
The zoning regulations and districts as herein
established have been designed to implement and promote the Master
Plan for the Town of Putnam Valley for the purpose of promoting the
health, safety and general welfare of the town. The regulations have
been designed to protect the fragile natural resources in the town;
to prevent the overcrowding of land; to facilitate the adequate provision
of transportation, water, sewage, parks and public requirements; to
provide for a range in housing opportunities; and to promote the public
interest, health, comfort, convenience, safety and general welfare;
to protect and conserve property values; to assure orderly community
growth; to regulate the use of buildings, structures and land; to
regulate the location, height and arrangement of buildings and structures;
to regulate the size and use of lots, yards and other open spaces;
to regulate the percentage of a lot which may be occupied by buildings
and other land uses and to regulate the intensity of land use. The
regulations have ben made with reasonable consideration, among other
things, for the character of the district and its peculiar suitability
for the particular uses specified and with a view toward conserving
natural resources and encouraging the most appropriate use of land
throughout the Town consistent with the Master Plan.
A.
Minimum requirements. In interpreting and applying
the provisions of this chapter such provisions shall be the minimum
requirements for the promotion of the public interest, health, comfort,
convenience, safety and general welfare.
B.
Interpretation. The provisions of this chapter shall
not be deemed or construed to repeal, amend, modify, alter or interfere
with existing provisions of other ordinance or ordinances, except
those specifically repealed by this chapter, or with private restrictions
placed upon a property by covenant, deed or other private agreement
or with restrictive covenants running with the land to which the Town
is a party. Where this chapter imposes a greater restriction on land,
buildings or structures than is imposed or required by such existing
provisions of ordinance, ordinances, contract or deed, the provisions
of this chapter shall control.
C.
Compliance with other ordinance. Nothing in this chapter
shall be construed to authorize the use of lands, buildings and/or
structures in violation of this chapter or any other applicable statutes,
ordinance or ordinances.
D.
Reference to any portion of this chapter. Whenever
reference is made to any portion of this chapter, or of any other
ordinance or ordinances, the reference shall apply to all amendments
and additions now or hereafter made.
A.
At the time of the enactment of this chapter all actual
uses, lots and structures in effect in a lawful manner shall remain
in effect as long as they do not endanger the health or safety of
any resident and no notice of violation is currently pending in respect
to same.
B.
Any building for which a building permit has been
issued prior to the enactment or amendment of this chapter and erection
of which is in conformity with the plans submitted prior to the enactment
shall be commenced within 90 days after the effective date of such
enactment or amendment. If such building does not conform to the provisions
of this chapter, it shall be a nonconforming use.
A.
Zoning districts established.[1] The Town of Putnam Valley is hereby divided into 10 zoning
districts. The use, height, lot and bulk regulations as set forth
herein are uniform within each district. The 10 districts established
herein shall be known as:
|
Abbreviated Designation
|
Zoning District Name
| |
|---|---|---|
|
PD
|
Preservation District
| |
|
CD
|
Conservation District
| |
|
R-3
|
Low Density Residence District
| |
|
R-2
|
Moderate Density Residence District
| |
|
R-1
|
Medium Density Residence District
| |
|
LP
|
Lake Peekskill Residence District
| |
|
CN
|
Neighborhood Commercial District
| |
|
CC-1
|
Community Commercial District -- One
| |
|
CC-2
|
Community Commercial District -- Two
| |
|
PC
|
Planned Commercial Park District
|
B.
Zoning Districts Map.
(1)
The location and boundaries of the zoning districts
are established as they are shown on the Zoning Districts Map, dated
January 19, 2009, as said districts may hereafter be amended by local
law, which Zoning Districts Map is signed by the Supervisor and Town
Clerk, and which Map and any amendments thereto are hereby declared
to be part of this chapter.
[Amended 6-17-2009 by L.L. No. 4-2009]
(2)
Three original, official and identical copies of the
Zoning Districts Map are hereby adopted, bearing the signature of
the Supervisor and the attestation of the Town Clerk, and shall be
filed and maintained as follows:
(a)
One copy is filed with the Town Clerk and shall
be retained as the original record.
(b)
One copy is filed with the Code Enforcement
Officer and shall be maintained up to date by posting thereon all
changes and subsequent amendments for observation in issuing building
permits and enforcing this chapter.
(c)
One copy is filed with the Planning Board and
shall be maintained up to date by posting thereon all changes and
subsequent amendments for observation for Planning Board applications.
(3)
Reproductions of the official Zoning Districts Map,
as amended, may be made from time to time for information purposes.
C.
[2]Interpretation of Map. Where uncertainty exists as to the
boundaries of any of the aforesaid districts shown on the official
Zoning Districts Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets or roads (public or private), road rights-of-way
and utility rights-of-way shall be construed to follow such center
line.
(2)
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following Town
limits shall be construed as following Town limits.
(4)
Boundaries indicated as following the center lines
of creeks, drainage courses or streams shall be construed as following
such center line.
(5)
Boundaries indicated as parallel to a water body shall
be construed as running parallel to the nearest high-water mark.
(6)
Boundaries indicated as parallel to or extensions
of features indicated above shall be so construed. Distances not specifically
indicated on the original Zoning Districts Map shall be determined
by the scale of the map.
(7)
Whenever any street, paper road or public way is vacated
by official action of the Town Board, the zoning district line adjoining
each side of such street, paper road or public way shall be automatically
extended to the center line of such vacated street, paper road or
public way and all area so involved shall then and henceforth be subject
to all regulations of the extended districts.
(8)
Where physical features on the ground are at variance
with information shown on the official Zoning Districts Map or when
there arises a question as to how or whether a parcel of property
is zoned and such question cannot be resolved by the application of
the above rules, the property shall be temporarily considered as CD,
Conservation District, until such uncertainty is resolved.
A.
This chapter shall be enforced by the Code Enforcement
Officer of the Town of Putnam Valley. The Code Enforcement Officer
shall have the right to enter the premises in connection with any
application hereunder at any reasonable time to assure compliance
with the Town Code and the New York State Uniform Fire Prevention
and Building Code, until all required certificates of occupancy are
issued.
B.
After a certificate of occupancy has been issued,
the Code Enforcement Officer shall have the right to enter premises
upon receiving information of nonconformance with the Town Code or
with the New York State Uniform Fire Prevention and Building Code.
A.
It shall be unlawful to use or permit the use of any
building or premises, or any part thereof, hereafter constructed,
erected, changed, converted or enlarged, wholly or partially in its
use or structure, until a certificate of occupancy shall have been
issued by the Code Enforcement Officer. Such certificate of occupancy
shall show that, and may be issued only if, such building or premises,
or part thereof, and the proposed use thereof are in conformity with
the provisions of the building permit and the application therefor
and with the provisions of this chapter and the laws of the State
of New York. It shall be the duty of the Code Enforcement Officer
to issue a certificate of occupancy within 10 days after a request
for the same shall have been filed in the Code Enforcement Officer's
office by any owner, after having determined by personal inspection
that the building and premises and the proposed uses thereof conform
with all legal requirements and conditions.
B.
The Code Enforcement Officer may require a survey
showing the location and relation of boundary lines with respect to
the proposed building or buildings on the premises, where the same
cannot be reasonably determined by inspection, before issuing a certificate
of occupancy.
