Structures and properties shall be maintained
in conformity with the standards in this article so as to assure that
no structure or property will adversely affect public health, safety
and welfare of the community or neighborhood.
[Added 10-7-2020 by L.L. No. 2-2020; 10-7-2020 by L.L. No. 3-2020]
A. Legislative
intent. The Town Board has recognized that several states, in addition
to permitting the distribution of medical marijuana, have also permitted
the distribution of marijuana for recreational purposes. The Town
Board also recognizes that the legalization of marijuana in New York
is a subject of current discussion and community forums organized
by the state, and that the New York State Commissioner of Health has
recommended that the recreational use of marijuana be considered for
legalization in New York. A public hearing has been held before the
Town Board, and the Town Board has found that Town residents are greatly
concerned about the retail sale of marijuana in the Town if it should
become legal in New York. Accordingly, it is the intent of the Town
Board to prohibit the use of any building, structure or premises for
the sale or distribution of marijuana in all zoning districts.
B. Prohibitions.
(1) No building, structure or premises approved and licensed as a medical
marijuana facility pursuant to Article 33 of the New York Public Health
Law may be used for the sale of any product containing tetrahydrocannabinol
(THC) other than lawfully prescribed and dispensed medical marijuana
for medical conditions.
(2) Except for duly registered marijuana dispensing facilities dispensing
duly prescribed medical marijuana, no building, structure or premises
within any use district in the Town of Putnam Valley may be used for
the sale or distribution of marijuana and/or substances containing
THC, including but not limited to marijuana, cannabis vaporizers,
cannabis tea, cannabis edibles, cannabis capsules, oils, and creams
(marijuana products).
Required exterior lighting shall be maintained
in operating condition.
[Added 2-17-2010 by L.L. No. 3-2010]
A. Exterior
walks, driveways, parking spaces, stairs, porches, entrance platforms,
fire escapes and the railings thereon shall be maintained in a safe
and sound condition and free of obstruction so as to afford safe passage.
B. Graffiti
shall be removed and the affected area repainted and/or restored to
its former condition within 10 days following written notification
from the Code Enforcement Officer.
Railings or parapet walls shall be provided
at open sides of balconies, mezzanines, porches, accessible roofs,
passageways, motor vehicle parking decks and ramps and around floor
openings.
No person shall store, keep or maintain junk
on property unless one of the following conditions is met:
A. The junk is completely screened from view.
B. The junk is temporarily stored to facilitate collection
by a municipal or licensed carter, authorized salvage dealer or collector
of recyclable materials for a period not to exceed seven days prior
to the collection and removal of said junk or for a period established
in garbage district regulations, whichever is greater.
In any district not more than one unregistered
motor vehicle may be stored in a rear yard, and no unregistered vehicle
shall be stored in any front or side yard.
The following performance standards shall apply
to all uses of land, structures and parking facilities and shall be
continuing application:
A. No dust, dirt, fly ash or smoke shall be emitted into
the air from any lot so as to endanger the public health and safety,
to impair safety on or the value and enjoyment of other property or
to constitute a critical source of air pollution.
B. No offensive odors shall be emitted into the air from
any lot so as to impair the value and enjoyment of any other lot.
C. No noxious, toxic or corrosive fumes or gases shall
be emitted into the air from any lot so as to endanger the public
health and safety or to impair the safety on or the value and enjoyment
of any other lot.
D. No noxious, toxic or offensive waste shall be discharged
or dumped.
E. No offensive glare from lighting shall be transmitted
so as to endanger the public and safety nor shall it be transmitted
into or within any residential zoning district so as to impair the
value and enjoyment of any lot therein. No radiant heat shall be outside
the lot where it originates.
F. No material which is dangerous due to potential hazard
of explosion, fire or radioactivity shall be used, stored, manufactured,
processed or assembled except in accordance with applicable regulations
of the State of New York.