Special permit uses are listed in Articles V and VI of this Zoning Law. The special permit uses for which conformance to additional standards is required by this Zoning Law are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this Zoning Law. All such uses are declared to possess such unique and special characteristics that each specific use shall be considered as an individual case. All such uses require site plan approval under the Village of Suffern Site Plan Regulations,[1] except that the Planning Board may waive site plan approval
for special permits where no changes to site elements are necessary.
The reason for waiving site plan approval shall be included in the
minutes.
[Amended 9-25-1996 by L.L. No. 6-1996]
The Board of Trustees shall be the approving agency for all
special permits.
[Amended 9-25-1996 by L.L. No. 6-1996]
A.
Applicants are encouraged to submit an informal application to discuss
with the Board of Trustees prior to formal submission of a complete
and detailed special permit application. The informal application
shall include a schematic plan with the information listed for such
a plan in the Village of Suffern Site Plan Regulations.[1]
B.
The schematic plan shall be submitted to the Board of Trustees not
less than two weeks prior to the date of the Board of Trustees meeting
at which it is to be considered.
C.
At the Board of Trustees meeting, the Board of Trustees shall review
the schematic plan and may schedule a field inspection of the site.
The Board of Trustees shall notify the applicant of any changes recommended
prior to the preparation of a complete site plan.
[Amended 9-25-1996 by L.L. No. 6-1996]
A.
Submission.
(1)
Formal application for a special permit shall be made in 10 copies
to the Board of Trustees. The formal application shall include the
following items:
(a)
A completed special permit application form.
(b)
A written statement describing the nature of the proposed use
and how it will serve to implement the purposes of this Zoning Law
(narrative summary).
(c)
A site plan with the information required in the Village of
Suffern Site Plan Regulations.
(d)
Completed General Municipal Law 809 Affidavit.
(e)
Completed owner's consent affidavit.
(f)
Long environmental assessment form, Part I with appropriate
fee.
(h)
Such other forms as the Planning Board may require.
(2)
A complete special permit application, including the information
listed above, shall be submitted not less than three weeks in advance
of the Board of Trustees meeting at which the site plan is to be reviewed.
B.
Referral to Village Planning Board. Upon receipt of a complete special
permit application, the Village Clerk shall refer the same to the
Village Planning Board for its review and written recommendations,
including recommended conditions, which recommendation shall be rendered
within 62 days after receipt of the referral from the Village Clerk.
If such recommendation is not received by the Board of Trustees within
62 days after receipt of said referral, the Board of Trustees may
act without the recommendation of the Village Planning Board.
[Amended 11-29-2010 by L.L. No. 9-2010]
C.
Referrals. The Board of Trustees shall refer to the Rockland County
Commissioner of Planning for its recommendation all matters within
the provisions of §§ 239-1 and 239-m of the General
Municipal Law, which includes real property lying within 500 feet
of the boundary of any City, Village or Town, or from the boundary
of any existing or proposed County or state park or recreation area;
or from the right-of-way of any existing or proposed County or state
parkway, thruway, expressway, road or highway; or from the existing
or proposed right-of-way of any stream or drainage channel lines;
or from the existing or proposed boundary of any County or state owned
land on which a public building or institution is situated. The Rockland
County Commissioner of Planning shall render a decision within 30
days of referral or within an extended period if agreed upon. If the
Rockland County Commissioner of Planning shall fail to report within
such period of 30 days or such longer period as has been agreed upon,
the Board of Trustees may act without such report. If the Rockland
County Commissioner of Planning disapproves the proposal or recommends
modification thereof, the Board of Trustees shall not act contrary
to such disapproval or recommendation except by a vote of a majority
plus one of all members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action. Within seven
days after final action by the Board of Trustees, a report of the
final action as has taken shall be filed with the Rockland County
Commissioner of Planning.
D.
Public hearing. The Board of Trustees shall hold a public hearing on the special permit within 62 days of the date of receipt of a complete application. An application shall not be considered complete until a draft environmental impact statement (DEIS) has been accepted or a negative declaration approved by the Planning Board. No public hearing may be held until all required recommendations have been received by the Board of Trustees, or the applicable periods specified in § 266-27B and C above of this chapter have elapsed, whichever is first.
E.
Public hearing notice. Notice of the public hearing shall be published
once in the official newspaper, not less than 10 or more than 30 days
prior to the date of the hearing. The applicant shall cause notice
to be mailed not less than 10 days prior to the hearing to owners
of property abutting or across the street from the subject property.
The applicant shall cause signs to be posted on such property on each
street frontage indicating the date and purpose of such hearing. The
form of such notices shall be prescribed by the Board of Trustees,
and the cost of such notices shall be paid by the applicant.
F.
Decision of Board of Trustees. The Board of Trustees shall approve, approve with modifications or disapprove the special permit within 62 days of the close of the hearing. The Board of Trustees approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 266-28 and, if applicable, § 266-33 of this chapter. The decision of the Board of Trustees shall be filed in the office of the Village Clerk within five business days after the decision is rendered and a copy thereof shall be mailed to the applicant. The time within which to appeal an Article 78 proceeding commences to run upon filing of the Board of Trustees decision with the Village Clerk.
G.
Extensions of time periods. The applicant may grant extensions of
any of the above stipulated time limits; provided, however, that any
extension of time granted to an official or agency making a report
to the Board of Trustees shall equally extend any subsequent time
limit for the Board of Trustees.
H.
Waiver of requirements for live entertainment. Notwithstanding anything contained herein to the contrary, when an application is made for a special permit for live entertainment, the Village Board may waive the requirement for review by the Planning Board and the provisions of §§ 266-27A(1)(c), (f), A(2), C and 266-31. Upon receipt of an application for a special permit for live entertainment, the Village Clerk shall deliver a copy of same to the Building Inspector for review. The matter shall then be referred to the Village Board for review and consideration in accordance with the provisions of § 266-33K. It shall be the responsibility of the applicant to provide sufficient information in order for the Village Board to make its determination in accordance with that section. The Village Board may waive the requirements of Planning Board review and approval as set forth herein and otherwise in this article if it determines that the provisions of § 266-33K have been adequately addressed and that issuance of a special permit is appropriate.
[Added 6-4-2018 by L.L.
No. 9-2018]
[Amended 9-25-1996 by L.L. No. 6-1996]
All special permit uses shall comply with the following standards,
in addition to the site plan standards of the Village of Suffern Site
Plan Regulations[1] and the specific standards for each use listed in § 266-33 of this chapter. The Board of Trustees shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. In reviewing a special permit application, the Board of Trustees may take into consideration the following:
A.
The location and size of the special permit use, the nature and intensity
of the operations involved in it 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
area in which it is located.
B.
The location, nature and height of buildings, walls and fences and
the nature and extent of existing or proposed plantings on the site
are such that the special permit use will not hinder or discourage
the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any special permit use will not be
more objectionable to nearby properties by reason of noise, traffic,
fumes, vibration or other characteristics than would be the operations
of permitted uses not requiring a special permit.
D.
Parking areas will be of adequate size for the particular special
permit 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 convenience and safety.
E.
Any additional consideration which relates to the public health,
safety or welfare of the neighborhood, surrounding area, community
or general populace.
A.
A special permit shall be deemed to authorize only the particular
use specified in the permit and shall expire if said use shall cease
for more than 12 months for any reason or if construction, in accordance
with the special permit, has not been completed within 18 months from
the date of issue or if all such required improvements are not maintained
and all conditions and standards complied with throughout the duration
of the special permit use.
B.
The approving agency may issue a special permit for a specific period
of time.
C.
In connection with issuance of a special permit, the approving agency
may establish a schedule of inspection by the Building Inspector of
a special permit use to determine continued compliance with this Zoning
Law.
D.
Any change in use or reduction in lot size requires amendment to
the special permit, following the application and review requirements
of this section.
No special use permit shall be issued for property where the
Building Inspector has found a violation of this Zoning Law and where
such violation has not been corrected, unless the granting of such
special use permit and concomitant site plan approval and implementation
thereof will cure such violation.
Except as provided for herein, special use permit applications
require site plan approval in accordance with the requirements of
the Village of Suffern Site Plan Regulations.[1]
Application for a special use permit shall be accompanied by
a fee as listed in the fee schedule adopted by the Board of Trustees.[1]
The following individual standards and requirements are hereby
established for special permit uses. They must, if applicable, be
met before issuance of a special permit.
A.
Automobile washing establishment.
(1)
Each establishment shall provide a queuing area equal in length to
10 times the maximum capacity. Four times the maximum capacity shall
be provided for automobiles beyond the exit of the equipment so situated
as to be usable for the hand finishing of the washing process. This
finishing area shall be no closer than 50 feet to any street right-of-way
line. The maximum capacity shall be determined by dividing the equipment
line by 20 feet.
(2)
The Planning Board shall determine that the proposed water supply and disposal system is adequate for the proposed use. The Planning Board may require water conservation measures to minimize water consumption. The proposed use shall also comply with Chapter 220, Sewers, of the Code of the Village of Suffern.
B.
Automotive repair.
(1)
The site shall have frontage of at least 100 feet on a public road
and shall have a depth of at least 100 feet.
(2)
Ingress and egress points shall be defined by the use of poured-in-place
concrete curb sections and radii and shall be designed to provide
for safe and convenient travel without the potential for traffic backing
onto the public travel way.
(3)
No outside display of products shall be permitted, including vehicles
for sale.
(4)
Landscaped areas.
(a)
A ten-foot-wide landscaped area shall be provided along all
property lines, excluding points of ingress and egress, and property
lines adjacent to existing commercial uses. The Planning Board may
require that the landscaped area be densely planted with a mixture
of shrubs, trees and/or a fence to create an opaque screen.
(b)
All landscaped areas along property lines which are crossed
by access drives may be planted with low shrubs no greater than three
feet high and trees with a branching habit not less than eight feet
high. No planting shall cause a hazardous condition by interfering
with the line of sight needed for safe entering and exiting maneuvers
by motor vehicles.
(5)
Due to the extent of land use impacts resulting from exterior operations,
the following requirements shall apply and shall be noted upon the
site plan:
(a)
At no time shall any unregistered or dismantled automobiles,
trucks, tractors, trailers or accessories thereof be outside of a
building or a totally enclosed and fully screened outdoor adjunct
thereto. No car and truck rentals shall be permitted. No vehicles
may be sold or advertised for sale on the premises.
(b)
There shall not be outside storage or display of accessories
or portable signs.
(c)
Rubbish, oil cans, tires, discarded motor vehicle parts and
components and any other waste materials shall be stored in a totally
enclosed concrete block dumpster adjacent to the building in which
repairs occur. The area of such enclosure shall not exceed 200 square
feet. There shall be no storage at any time of any of the above-mentioned
items outside of or above the height of such enclosure. The dumpsters
shall be emptied in a timely manner.
(d)
No repair work may be performed out-of-doors.
(e)
Wrecks or damaged vehicles brought in for repairs shall remain
visible from off premises for no more than 30 minutes.
(f)
All landscaped areas designated on the site plan and landscaping
plan shall be maintained in a neat and healthy condition.
(6)
Automotive repair establishments existing as legal nonconforming
uses on the effective date of this Zoning Law may continue indefinitely
only upon submission of a site plan and special use permit application
and subsequent approval of the plan and application by the Planning
Board. Approvals must be obtained within one year of the date a notice
of said requirement is sent from the Building Inspector or such other
person as may be designated by the Board of Trustees. Notice shall
be sent by certified mail to the owner of said establishment.
(7)
The right to continue the nonconforming use of a property as an automotive
repair establishment that does not receive site plan and special use
permit approval in accordance with the provisions of this section
shall expire five years from the date of the notice given pursuant
to the preceding subsection.
C.
Betting parlors.
(1)
Only betting parlors authorized by the State of New York shall be
authorized.
(2)
No such use shall be located within 200 feet of a public or private
school, public recreation area, religious use or hospital. This distance
shall be measured in a straight line from the closest lot line of
same to the closest lot line of a lot containing a public or private
school recreation area, religious use or hospital.
(3)
Each such facility shall contain at least 800 square feet and shall
contain rest room facilities adequate for its anticipated patronage.
(4)
Outdoor trash receptacles shall be provided and maintained around
the betting parlor.
(5)
Either a salaried employee or a contract service shall be required
to restore the exterior cleanliness of the premises daily upon the
close of business.
E.
Bus terminal.
(1)
The Planning Board shall determine whether anticipated traffic may
be accommodated by the surrounding street system.
(2)
The Planning Board shall consider the use of the facility and require
design elements to minimize disturbance to nearby properties from
noise, light, odor and exhaust fumes.
(3)
Sufficient parking shall be provided on the property to serve the
needs of employees and patrons.
F.
Dormitories. Dormitories are permitted only as accessory uses to
schools of general or religious instruction, subject to the following
supplemental requirements:
(1)
There shall be a minimum lot area of 3,600 square feet provided per
dormitory bed, exclusive of the lot area allocated and devoted to
the principal and other accessory buildings on any site, including
the required yards and/or setbacks, buffers and parking facilities
for said buildings.
(2)
No more than 20% of the contiguous lot shall be allocated and devoted
to such use, including the required yards, setbacks and parking facilities
for said use.
(3)
The Planning Board, in its approval of the site plan, may permit
up to 1/3 of the parking requirement to be provided in overflow parking
areas to be graded and seeded and conveniently situated on the approved
site plan so that they will be accessible if needed.
(4)
The minimum distance between the dormitory and any other building
on the lot shall be 50 feet.
(5)
The minimum distance between any dormitory and any interior driveway
shall be 25 feet.
(6)
The minimum distance of any such building from any property line
of any lot shall be 100 feet.
(7)
The maximum height of any dormitory shall be 2 1/2 stories or
28 feet, whichever is less.
(8)
No dormitory room or dwelling unit shall be permitted in any cellar.
(9)
All dormitories shall be equipped with sprinkler and fire alarm systems
approved by the Fire Inspector.
G.
Excavation of mineral resources.
(1)
The following applies to special permit applicants who propose to
mine over 1,000 tons or 750 cubic yards, whichever is less, of minerals
from the earth within 12 successive calendar months or who mine or
propose to mine over 100 cubic yards of minerals from or adjacent
to any body of water not subject to the jurisdiction of Article 15
of the Environmental Conservation (DEC) Law or to the Public Lands
Law:
(a)
The applicant shall submit a copy of the mining permit issued
by the New York State Department of Environmental Conservation and
all supporting documentation.
(b)
The Planning Board, in issuing a special permit, shall consider
and, if necessary, impose limitations on the following:
[1]
Ingress and egress to public thoroughfares controlled by the
Village.
[2]
Routing of mineral transport vehicles on roads controlled by
the Village.
[3]
Requirements and conditions as specified in the permit issued
by the Department of Environmental Conservation including, but not
limited to: setback from property boundaries and public thoroughfare
rights-of-way, natural or man-made barriers to restrict access, dust
control and hours of operation.
(2)
The Planning Board shall consider the following for applicants proposing
to mine less than 1,000 tons or 750 cubic yards, whichever is less,
of minerals from the earth within 12 successive calendar months or
who mine or propose to mine less than 100 cubic yards of minerals
from or adjacent to any body of water not subject to the jurisdiction
of Article 15 of the Environmental Conservation Law or to the Public
Lands Law:
(a)
The proposed operation shall not contribute to soil erosion
by water and/or wind, nor shall it adversely affect soil fertility,
drainage and lateral support of abutting land or other properties.
Noise, smoke, dust, odor and other potential hazards shall be controlled.
(b)
Within 1,000 feet of residence districts, there shall be no
operations between 6:00 p.m. and 8:00 a.m., nor on Saturdays, Sundays
or legal holidays.
(c)
When any open excavation will have a depth of 10 feet or more
and create a slope of more than 30° there shall be a substantial
fence, at least six feet high with suitable gates, where necessary,
effectively blocking access to the area in which such excavation is
located. Such fence shall be located at least 50 feet from the edge
of the excavation.
(d)
The slope of material in any excavation shall not exceed the
normal angle of repose or 45°, whichever is less.
(e)
That portion of access roads within the area of the permit and
located within 500 feet of a lot line shall be provided with a dustless
surface.
(f)
Existing topography shall remain undisturbed within 50 feet
of any property line. Any mechanical equipment shall not be less than
50 feet from any lot line.
(g)
Before a special permit is granted, a plan for rehabilitation,
showing both existing and proposed final contours, cross sections
which illustrate the final physical state of the reclaimed land and
a schedule showing the order in which the areas of the site are to
be worked, shall be submitted and approved. Prior to submitting the
plan, the applicant shall submit the plan for a review by the local
office of the United States Soil Conservation Service for its report,
which shall be submitted with the plan. Where topsoil is removed,
sufficient arable soil shall be set aside and shall be respread after
the operation with a layer of earth two feet deep or the original
thickness, whichever is less and capable of supporting vegetation.
Fill shall be of a suitable material approved by the Planning Board.
(h)
Before the issuance of a special permit, the owner shall execute a surety sufficient, in the opinion of the Planning Board, to secure the aforesaid rehabilitation of the site in accordance with the plan specified in Subsection G(2)(g) above. Such surety shall also be approved by the Board of Trustees and Village Attorney as to form, sufficiency and manner of execution and shall run for the same term as the term of the special permit, plus nine months. The surety company shall be licensed to do business in the State of New York.
H.
Helipads in nonresidential districts.
(1)
Helipads shall be set back at least 500 feet from any street, property
line or occupied building. Helipads are not permitted in residential
districts.
(2)
If a helipad is to be located within 1,000 feet of any residence
building in a residence district, the applicant shall be required
to submit noise tests conducted on the property by an independent
acoustical consultant utilizing approved sound detection equipment
and relating his findings to the Farnborough Intrusiveness Scale or
other similarly recognized standard.
(3)
All landings and takeoffs shall be during the daylight hours only
and shall be carried out in accordance with Visual Flight Rules weather
conditions.
(4)
The use of a helipad shall be limited to persons occupying or employed
on the premises and their visitors and guests.
(5)
The landing surface shall be paved and maintained free from dust,
dirt and other loose material which could be blown onto adjoining
properties by the air wash.
(6)
All federal and/or state licenses or approvals which are necessary
for the operation of such a facility shall be obtained by the applicant
and shall be maintained throughout the duration of the use, and all
applicable federal and/or state rules and regulations shall be strictly
complied with.
(7)
In connection with its action on a special permit application, the
Planning Board may require submission of any additional studies and/or
other information which it determines appropriate and may impose any
additional standards and requirements as it deems necessary to promote
the health, safety and general welfare of the community, including,
but not limited to, limitations on the number and/or frequency of
flights and the location of ingress and egress routes under various
wind conditions.
I.
Home occupations.
(1)
The use shall be conducted solely within the dwelling unit and not
in a detached accessory building, and the use shall be clearly incidental
and secondary to the use of the dwelling unit for living purposes.
(2)
There shall be no external display or advertising of services or
other external evidence of such use other than one internally illuminated
identification sign. Such sign shall not be more than two square feet
in area for each face and may show only the name, address and occupation
of the occupant. Internally illuminated signs shall be turned off
at 10:00 p.m.
(3)
The establishment of such occupation shall not require internal or
external alterations or involve construction features not customarily
found in dwelling units.
(4)
The occupation shall not utilize an area exceeding 300 square feet
or an area exceeding 25% of the interior floor area of the residence,
whichever is less.
(5)
The appliances and equipment required for such use shall be operated
in such a manner that they do not produce and emit, beyond the boundaries
of the premises on which the use is located, dust, glare, heat, light,
noise, nuisance, odor, radiation, radio or television interference,
smoke or vibration, and are in no other manner obnoxious, offensive
or detrimental to the immediate neighborhood.
(6)
The use itself shall be conducted in such a manner and during such
hours that it is in no way obnoxious, offensive or detrimental to
the immediate neighborhood. As a condition of the special permit,
the Planning Board may establish permitted hours of operation based
upon the type of home occupation proposed and the frequency of client
visitations so as to ensure that the proposed use is not disruptive
to the residential neighborhood in which it is to be located.
(7)
No more than one additional employee, exclusive of family members
residing in the dwelling unit, shall be employed.
(8)
No service involving the repair of devices powered by electricity,
gasoline, diesel fuel, kerosene or other fuels shall be permitted.
(9)
The use shall not result in the parking of more than three client
vehicles at one time on the property. Existing driveways shall not
be expanded to accommodate client vehicular parking without the approval
of the Planning Board. To discourage excessive paving, client parking
is encouraged in existing driveways or on-street unless otherwise
prohibited.
(10)
Not more than five clients shall be permitted on the property
at one time.
(11)
Parking shall be provided on the property as determined by the
Planning Board. The Planning Board may require additional landscaping
or screening to buffer parking areas from adjoining dwellings.
(12)
Sounds shall not be heard emanating from a home occupation.
(13)
Notice of the home occupation use shall be given to the local
fire department.
(14)
A site plan shall be submitted and shall include, but not be
limited to the following:
(15)
Upon review of the special permit application, a site plan may be waived by the Planning Board, so long as proof of § 266-33I(4) and (14)(a) through (c) is provided in the form of a scaled drawing identifying all applicable dimensions.
J.
Kennel; veterinary office; animal hospital.
(1)
Where the subject property abuts a residence district, buildings,
structures and outdoor animal runs shall be located at least 50 feet
from such district boundary.
(2)
The Planning Board may require fencing or other suitable enclosures
for any facilities located outside of a building and, in addition,
may require buffer landscaping for screening purposes.
(3)
In issuing the special permit for animal kennels, the Planning Board
shall stipulate the maximum number and type of animals to be boarded
or trained.
K.
Live entertainment.
(1)
Accessory to a permitted use, live entertainment conducted within
a wholly enclosed structure and subject to occupancy limitations established
by the Village Building Inspector or Fire Inspector may be allowed
as a special permit use.
(2)
In reviewing a special permit application for live entertainment,
the Planning Board shall consider the following:
(a)
The type of entertainment proposed, so that it is not detrimental
to the health and safety of other occupants within the structure.
(b)
The effect of the proposed live entertainment on residential
dwelling units on the site or adjacent lots.
(c)
There are no residential districts within 250 feet of the proposed
use.
(d)
Sound generated by such entertainment must be inaudible beyond
the premises. Live entertainment must take place within a fully enclosed,
sound-resistant building with closed windows.
(e)
Adequate parking is available to accommodate patrons of the
establishment.
(3)
Upon reviewing the special permit application, a site plan may be
waived by the Planning Board.
L.
Microwave, radio, television, cellular phone and other electromagnetic
antennas.
(1)
The term "antenna," as used herein, means any system of wires, poles,
rods, reflecting discs or similar devices used for the transmission
or reception of electromagnetic waves, which system is external to
or attached to the exterior of any building. Antennas shall include
devices having active elements extending in any direction and directional
beam-arrays having elements carried by and disposed from a generally
horizontal boom that may be mounted upon and rotated through a vertical
mast or tower interconnecting the boom and antenna support, all of
which elements are deemed to be a part of the antenna. The height
of an antenna shall be the total maximum to which it is capable of
being raised and shall be measured from the highest point of the finished
grade adjacent to the structure if ground-mounted or from the peak
of the roof if roof-mounted.
(2)
All antennas shall be located, designed, constructed and maintained
in accordance with the following standards.
(a)
Antennas shall be installed and maintained in compliance with
the Building Code.
(b)
Antennas that are roof-mounted shall not extend higher than
15 feet above the peak of the roof; except that a single-vertical
pole antenna may extend to 20 feet above the peak of the roof. Disc
antennas exceeding 24 inches in diameter shall not be permitted on
the roof.
(c)
Not more than one ground-mounted antenna meeting the height
requirements of the zoning district in which it is located shall be
permitted as a principal use on a lot.
(d)
Antennas shall be erected or maintained to the rear of a main
building, except in those instances when the subject property is a
cul-de-sac or a corner lot where the side yard is larger than the
rear yard, in which case the antenna may be located in the side yard.
Antennas shall not be located in any required yard. No portion of
an antenna array shall extend beyond the property lines or into any
required yard area. Guy wires shall not be anchored within any front
yard area but may be attached to the building.
(e)
The antenna, including guy wires, supporting structures and
accessory equipment, shall be located and designed so as to minimize
the visual impact on surrounding properties and from public streets.
Antennas should be screened through the addition of architectural
features and/or landscaping that harmonizes with the elements and
characteristics of the property. The materials used in constructing
the antenna shall not be unnecessarily bright, garish, shiny or reflective.
(f)
Antennas shall meet all manufacturer's specifications. The mast
or tower shall be of noncombustible and noncorrosive hardware. Equipment
such as brackets, turnbuckles, clips and similar type equipment subject
to rust or corrosion shall be protected with a zinc or cadmium coating
by either galvanizing or sherardizing process after forming. These
finishes are selected against corrosion and to protect the elements
against electrolytic action due to the use of dissimilar metals.
(g)
Whenever it is necessary to install an antenna near power lines
or where damage would be caused by falling, a separate safety wire
must be attached to the antenna mast or tower and secured in a direction
away from the hazard. Transmission lines must be kept at least 24
inches clear of telephone or electric wires.
(h)
Every antenna must be adequately grounded with an adequate ground
wire for protection against a direct strike of lightning.
(3)
Any application for a special permit required by this section shall
include the following, in addition to all other required contents:
(a)
A site plan showing adjacent properties, possible views and
all screening features.
(b)
Affected exterior elevations and architectural features and
the texture and color of all materials to be used.
(c)
A map and list showing property owners' names and addresses,
as shown on the last assessment roll, within 500 feet from the boundaries
of the subject property.
(d)
A statement of proposed measures to mitigate electromagnetic
frequency interference shall be included in case such interference
should result from the operation of the proposed antenna.
M.
Private membership clubs.
(1)
In residence districts, such a club shall be located on a lot not
less than twice the area required for the district.
(2)
In residence districts, all buildings, structures and recreational
facilities shall be set back from adjacent residential lot lines at
least twice the minimum yard requirement for residential buildings
in said district, except that the Planning Board may permit a reduction
of this additional setback requirement where, because of topography,
the installation of additional buffer landscaping or fencing or the
particular nature of the use, any potential adverse external effect
of such use will be minimized.
(3)
Outdoor public address systems are not permitted.
(4)
No club shall be operated so as to create a nuisance to surrounding
properties. The Planning Board shall attach such conditions to the
permit and may require such fencing or equivalent landscaping or such
other facilities as are required to protect neighbors from excessive
light or noise or stray balls or other nuisances and hazards which
would be inherent in the operation of the club. Any use of a clubhouse
or club site which involves the discharge of firearms, bow and arrow
or any other dangerous weapons shall be permitted only upon compliance
with all applicable state and zoning laws. The Planning Board shall
establish such facilities as are necessary to protect neighboring
properties from stray missiles and excessive noise.
(5)
The Planning Board may reduce the parking requirements with respect
to the number of members or family memberships in any case where the
maximum anticipated number of cars at the club, because of its particular
type, location, hours of operation, capacity of club facilities or
other reason, would be less than the requirements of this Zoning Law,
but not less than one space for each three memberships, provided that
the club facilities are so laid out that there are lawn areas or other
spaces of ample size that could accommodate temporary overflow parking
equivalent to the amount of reduction of the requirements.
(6)
The requirements of this Zoning Law shall not be construed to prevent
the occasional utilization or rental of such club or parts thereof
for benefits or performances for a recognized charity or for meetings
of other organizations on a regular or occasional basis.
(7)
In issuing a special permit for a private membership club, the Planning
Board shall specify the specific use or purpose of the club and the
maximum number of members, seating capacity or facility capacity for
which the approval is given.
N.
Private elementary or secondary schools; nursery school; day-care
center.
(1)
Such school shall comply with all licensing, site area and dimensional
requirements established for such schools by New York State Board
of Regents or Department of Social Services. Nursery schools shall
be registered with the Education Department of the State of New York.
(2)
If located in a residence district, the minimum lot area and all
yard setbacks shall be equal to twice those required in the district.
(3)
A buffer area of at least 25 feet in width, containing evergreen
landscaping and/or fencing as, in the judgment of the Planning Board,
will be adequate to screen the use from the neighboring residential
area, may be required along all adjoining residential property boundaries
or across the street from residential properties, except where driveway
access is required.
O.
Professional office or studio.
(1)
In the MR-15 and MR-50 Districts, not more than one professional
office or studio shall be permitted for each 16 dwelling units in
a single building.
(2)
All professional offices and studios shall be located on the ground
floor of the building.
(3)
Not more than 10% of the gross floor area of the building shall be
occupied by professional offices and studios.
(4)
Upon reviewing the special permit application, a site plan may be waived by the Planning Board, so long as proof of § 266-33O(1) through (3) of this Zoning Law is provided on a scaled drawing identifying all applicable dimensions.
P.
Public and private hospitals and sanatoriums, convalescent and nursing
homes.
(1)
A minimum lot area of five acres is required for the development
of a public or private hospital, sanitarium, convalescent or nursing
home.
(3)
A fifty-foot-wide buffer shall be provided between parking or loading
areas and adjoining property in residence districts. No parking and
loading shall be permitted within the buffer. Within the buffer area,
a ten-foot-wide planted screen shall be provided as follows:
(a)
Evergreen planting of such type, height, spacing and arrangement
as, in the judgment of the Planning Board, will screen the activity
involved from an adjacent residence or residential zoning district.
Nonevergreen planting may seasonally supplement evergreen planting,
but not take its place.
(b)
The plan and specifications for such planting shall be shown
on the site plan.
(c)
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.
(d)
Required planting shall be properly trimmed, and fencing and
wall materials shall be kept in good condition at all times.
Q.
Public utility buildings and substations; utility lines, poles and
facilities serving 25 kilowatts or greater; standpipes and water towers.
(1)
When proposed in a residential district, these uses shall be subject to a finding, in addition to the standards of § 266-28 of this Zoning Law, that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.
(2)
The Planning Board may require that such use be enclosed by protective
fencing with a gate which shall be closed and locked except when necessary
to obtain access thereto.
(3)
The installation shall be so designed, enclosed, painted and screened
with evergreens that it will be harmonious with the area in which
it is located. The entire property shall be suitably landscaped and
maintained in reasonable conformity with the standards of property
maintenance of the surrounding neighborhood.
(4)
Adequate parking areas shall exist or be provided for maintenance,
service or other vehicles. Parking areas must be off-street.
R.
Wholesaling, warehousing distribution in the PO-15 District.
(1)
The minimum lot size shall be 35,000 square feet. All other dimensional
requirements shall be those applicable to all other permitted uses
in the PO-15 District.
(2)
The lot shall not adjoin, abut or be located across the street from
any residential district.
(3)
When proposed adjacent to existing residential uses, screening shall
be provided and shall be designed subject to the approval of the Planning
Board. Generally, evergreen planting shall be provided of such type,
height, spacing and arrangement as, in the judgment of the Planning
Board, will screen the activity involved.
(4)
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.
(5)
The applicant shall provide a list of all materials to be stored
on the site. The Planning Board shall consider the potential flammable/hazardous
nature of said materials and may impose controls for their appropriate
storage.
(6)
All vehicles associated with said use shall be parked on-site and
shall not rely on any public street for parking.
(7)
The Planning Board shall consider the hours of operation of the use,
the potential increases in noise that may result and its potential
effect on adjacent residential uses. The Planning Board may impose
such controls as, in its judgment, are necessary to protect nearby
residences.
(8)
The location and hours of operation of all lighting equipment shall
be approved by the Planning Board. Said lighting shall be screened
from adjacent residential uses.
S.
Wholesaling of food products in the CB District as an accessory use
to a primary permitted use.
[Added 5-22-1995 by L.L. No. 3-1995]
(1)
The minimum lot size shall be 35,000 square feet.
(2)
The lot shall not abut, adjoin or be located across the street from
any residential district.
(3)
The applicant shall provide a list of all materials to be stored
on the site. The Planning Board shall consider the potential flammable/hazardous
nature of said materials and may impose controls for their appropriate
storage.
(4)
All vehicles associated with said use shall be parked on-site and
shall not rely on any public street for parking. The Planning Board
shall determine the requirements for adequate loading, maneuvering
and parking spaces for all pickups and deliveries, including building
access for pedestrian pickup and delivery.
(5)
The Planning Board shall consider the proposed hours of operation
of the use, the potential increases in noise that may result and its
potential effect on adjacent residential uses. The Planning Board
may impose such controls, restrictions, limitations and conditions
as, in its judgment, are necessary to ameliorate the impact of such
use on nearby residences.
(6)
The location and hours of operation of all equipment shall be approved
by the Planning Board. Said lighting shall be screened from adjacent
residential uses.
(7)
The area of the building used for wholesaling shall not exceed 20%
of the area to which the principal use is devoted and shall be located
on the same floor as the principal use.
(8)
The Planning Board may establish requirements for the disposal of
waste material.
(9)
The Planning Board may require information on employee staffing,
working hours and other information relating to the intensity of the
special permit use.
T.
Adult establishments.
[Added 11-16-1998 by L.L. No. 12-1998]
(1)
Adult establishments are permitted in the GB District subject to
the following requirements:
(a)
No more than one adult establishment shall be located on any
lot.
(b)
No adult establishment shall be established closer than 500
feet from the lot line of any other adult establishment.
(c)
No adult establishment shall be established closer than 1,000
feet from the lot line of any house of worship or school or 400 feet
from the lot line of any residence district or day-care center.
(d)
An adult establishment must comply with the parking requirements
for restaurants as set forth in the Zoning Law in a GB District.
(2)
Termination. Any adult establishment in existence at the time of
this amendment[1] that fails to conform to the requirements of this section shall terminate within one year from the date of this amendment except that such adult establishment may continue for a limited time period established by the Zoning Board of Appeals pursuant to Subsection T(3) below.
[1]
Editor's Note: This refers to L.L. No. 12-1996, adopted 11-16-1998.
(3)
Amortization of adult establishments.
(a)
The Zoning Board of Appeals may permit any nonconforming adult establishment to continue for a limited period of time beyond the period set forth in Subsection T(2) above, provided that:
[1]
An application is made by the owner of such establishment to
the Zoning Board of Appeals at least 120 days prior to the date on
which such establishment must terminate.
[2]
The Board shall find, in connection with such establishment,
that:
[a]
The applicant had made, prior to the nonconformity,
substantial financial expenditures related to the nonconformity; and
[b]
The applicant has not recovered substantially all
of the financial expenditures related to the nonconformity; and
[c]
The period for which such establishment or sign
may be permitted to continue is the minimum period sufficient for
the applicant to recover substantially all of the financial expenditures
incurred related to the nonconformity.
(b)
For the purpose of this section, "financial expenditures" shall
mean the capital outlay made by the applicant to establish the adult
establishment or sign, exclusive of the fair market value of the building
in which such use or sign is located and exclusive of any improvements
unrelated to the nonconforming adult establishment or nonconforming
accessory business sign for the adult establishment.
U.
Artists' dwellings.
[Added 12-7-1998 by L.L. No. 14-1998]
(1)
No building shall be occupied for an artists' dwelling prior to the
issuance of a special permit by the Board of Trustees certifying the
resident as an artist and compliance with other applicable requirements.
In this determination, the Board of Trustees shall rely upon the opinion
of those experts it wishes to consult and upon the definition of a
"artist" contained herein. All applications for a permit shall include
the following information:
(a)
The name and address of the applicant and whether the applicant
is the owner or the lessee of the premises; additional family members
must be indicated.
(b)
A description of the type of art to be created within the premises,
together with a description of the relevant art work history of the
applicant, together with references.
(2)
The issuance of a special permit does not obviate the necessity for
the applicant to obtain all other approvals or permits as may be required
by any other agency.
(3)
The Board of Trustees may determine to waive a public hearing on
such a special permit application.
(4)
Permits shall be valid for one calendar year and shall terminate
on December 31 of each year or upon the occupant of an artists' dwelling
either vacating such dwelling unit or ceasing to operate a gallery
or studio in the same building. A renewal application for occupancy
of the same dwelling area by the same artist shall contain a certification
by the applicant as to the applicable facts, including the nature
of the artist's activities, the number and relationship of occupants
of the dwelling, the location of the gallery or studio to which the
Artists' Dwelling is accessory, the days and hours of operation of
said gallery or studio and any other relevant information or information
which may be requested by the Board of Trustees. A public hearing
shall not be required for renewal applications unless the Board of
Trustees deems a public hearing to be desirable.
(5)
No boarders are permitted to reside in an artists' dwelling and the
occupants thereof are restricted to the artist and his "family." No
home occupation may be conducted in an artists' dwelling except the
studio or gallery of the artist residing thereof.
V.
Hospital heliports.
[Added 7-15-2002 by L.L. No. 5-2002]
(1)
The minimum setback from the lot line of any residential use shall
be 250 feet. The Board of Trustees, in reviewing a hospital heliport
special permit application, may increase the setback from the boundary
of any residential use as it deems appropriate for the purposes of
safety, convenience and to minimize disturbances.
(2)
All federal and state licenses, approvals and permits shall be obtained
prior to approval of a special permit and shall be continuously maintained.
(3)
The use of the heliport shall be limited to emergency use and transport.
(4)
The landing area shall be a dedicated landing area which will not
be used for parking or any use other than as a heliport landing site.
No vehicular or pedestrian traffic is permitted at the site of a hospital
heliport.
(5)
No helicopters may be stored at the site or maintained thereat for
longer than necessary to make a pickup or delivery.
(6)
No fuel, parts or material for the servicing of helicopters may be
stored or maintained on the site.
(7)
Lighting for the heliport shall not disturb adjoining residential
uses.
(8)
An application shall be accompanied by the flight paths for the approach
and take-off of helicopters, which shall not pass over residential
uses.
(9)
An applicant shall provide as a part of its application the manner
in which it proposes to ensure that helicopters approaching or leaving
the site shall not pass over residential uses and only helicopters
engaged in emergency activities will land at the heliport.
(10)
In determining whether to grant a special permit use for a hospital
heliport, the Board of Trustees may consider whatever additional facts
or consideration which it, in its sole discretion, deems to be appropriate
to protect and promote the interests of the residents of the Village
of Suffern and to promote the public health, safety and general welfare.
(11)
A special permit for a hospital heliport may be limited in duration.
A special permit to operate a heliport may be revoked by the Board
of Trustees upon notice for violation of this provision, the terms
and conditions of a special permit or site plan approval or if the
use of the same produces loud or disturbing noises or other disturbing
effects. If Board of Trustees deems it to be desirable to review the
terms, conditions or restrictions upon which a special permit has
been granted, it may do so upon due notice to the holder of a special
permit and the public.
W.
Medical office building.
[Added 2-12-2004 by L.L. No. 4-2004]
(1)
A medical office building shall only be permitted where it is associated with a public or private hospital. Except as noted below, the medical office building shall be required to meet all special use requirements set forth in § 266-33P, which regulates public and private hospitals.
(2)
All bulk requirements of § 266-23 of this Zoning Law shall be met, except that the maximum permitted height of a medical office building shall be a maximum of four stories and no higher than 55 feet and the maximum combined development coverage for the hospital and medical office building shall be 60%. Off-street parking and loading requirements shall be the same as those in § 266-22 for professional offices in the PO-40 District.
(3)
Where a medical office building is proposed adjacent to a hospital building, the Planning Board may provide for a waiver from the requirements of § 266-15A relative to the minimum distance between two buildings. In providing such waiver, the Planning Board shall consider the extent to which separation between the buildings is necessary to ensure access for public safety purposes.
(4)
Where the Planning Board finds that the buffer requirements of this
section are sufficient to protect adjoining residential properties,
the Board may waive the requirement for a side yard for parking areas
and driveways.
