The special uses for which conformance to additional standards is required by this chapter (see the Schedules of Regulations, §§ 355-21, 355-22 and 355-23) shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, including such requirements as may be specified by the Town Board or Planning Board according to the provisions of §§ 355-37 and 355-38 in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
Application for issuance of a special permit use shall be submitted in 16 copies to the Town Clerk. If approval for a special permit use under § 355-40K is sought, application shall be made to the Planning Board. For special permit approval to either board, the application shall include the following:
A.
The name and address of the applicant, property owner(s) if other
than the applicant and of the planner, engineer, architect, surveyor
and/or other professionals engaged to work on the project. Where the
applicant or owner is a corporation, the Town Board may require the
names and addresses of all officers, directors and principal stockholders
of said corporation. Written authorization from the owner(s) to submit
the application shall be required where the applicant is not the owner
of the affected property.
B.
A written statement describing the nature of the proposed special
use and how it will serve to implement the intent and purposes of
this chapter.
D.
Pursuant to the requirements of the State Environmental Quality Review
Act, the applicant shall consult with the Town Board to determine
whether the action for which special permit approval is sought may
have a significant adverse effect on the environment. If a draft environmental
impact statement is required, it shall be made a part of the application
for issuance of a special permit, and any public hearing for the draft
environmental impact statement shall be held concurrently with the
public hearing for the special permit application.
[Amended 5-23-2012 by L.L. No. 2-2012]
Upon receipt of a completed application for a special permit,
the Town Board shall forward for review and report copies of such
application to the Planning Board and, where determined appropriate,
one copy each to the Conservation Board and the Town Engineer. In
addition, copies shall be forwarded to the Westchester County Planning
Board when such proposed development abuts a state or county highway,
park, drainage channel or building site and to the clerk of any abutting
municipality where the property proposed for such development is located
within 500 feet of such municipality in accordance with Sections 451
and 452 of Article 15 of the Westchester County Administrative Code.[1] Said agencies shall have 30 days from the date of forwarding
to submit a report. No public hearing may be held until all requested
reports have been received by the Town Board or the 30 days have elapsed,
whichever comes first.
[Amended 4-22-1993 by L.L. No. 2-1993]
A.
A public hearing on an application for a special permit shall be
scheduled and conducted by the Town Board within 60 days of the date
the application is received, unless this time limit is waived by the
applicant.
B.
Notice of any hearing before the Town Board shall be published in
a newspaper circulating within the Town of North Castle at least 10
days prior to the date of said hearing; any mailing of notices that
may be required by the Town Board shall be at least 10 days before
such hearing. The preparation and cost of publication and mailing
of any notice required for such hearing shall be at the cost and expense
of the applicant.
C.
Notice of the hearing shall be sent by first class mail to all property
owners within a distance of 250 feet of the property lines on both
sides of the street on which the property fronts and to adjoining
property owners or owners to the rear of the property affected. In
addition, the Board shall give any other notice required by law. Notice
of the hearing shall be mailed by the applicant in official envelopes
provided by the Town of North Castle. Proof of mailing to all required
property owners shall be demonstrated by providing the Town with a
certificate of mailing (PS Form 3817 or 3877).
[Amended 2-25-2015 by L.L. No. 2-2015]
Within 60 days of the date of the public hearing and within
120 days of the date of the Town Board meeting at which such application
was originally submitted, the Town Board shall file with the Building
Inspector a report on said application. The applicant may grant extensions
of either of the above-stipulated review periods; provided, however,
that any extension of time granted to the Planning Board shall equally
extend the time to act for the Town Board. The Board may authorize
the issuance of a permit, provided that it finds that all of the following
conditions and standards have been met:
A.
The location and size of the 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 district
in which it is located and that it complies with all special requirements
for such use established in this chapter.
B.
The location, nature and height of buildings, walls, fences and the
nature and extent of existing or proposed plantings on the site are
such that the use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
C.
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of noise, fumes, vibration or other
characteristics than would be the operations of any permitted uses
not requiring a special permit.
D.
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
convenience and safety.
F.
The Town Board finds that the proposed special permit use will not
have a significant adverse effect on the environment.
The Town Board shall attach such conditions and safeguards to
any proposed use and development plan as are, in its opinion, necessary
to ensure initial and continual conformance to all applicable standards
and requirements.
[Amended 7-8-2009 by L.L. No. 8-2009]
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and, unless other provisions are
set forth by the Town Board or Planning Board in connection with its
issuance of that permit, shall expire if work is not initiated pursuant
thereto within one year, or if said use or uses shall cease for more
than one year for any reason or if the building permit obtained for
the project has expired or if all such required improvements are not
maintained and all conditions and standards complied with throughout
the duration of the use.
A special permit use shall conform to the following individual
standards and regulations, where applicable, in addition to all other
regulations for the zoning district in which the special permit use
is located. In all cases, whichever regulations are more restrictive
shall apply.
A.
Sale, distribution and storage of liquefied petroleum gas. The Town
Board may permit the sale, distribution and storage of combustible
liquefied petroleum gas (bottled gas) only in portable tanks, cylinders
or containers at a location to be approved by the Town Board, and
as incidental to the conduct of a regular business for the sale, distribution
and servicing of household appliances, fixtures and kitchen equipment,
subject to the following conditions and regulations:
(1)
Not more than 125 portable tanks, cylinders or containers, totaling
in the aggregate not more than 2,500 gallons' capacity, shall be permitted
to be stored at any time on the premises.
(2)
The storage must at all times be maintained on a loading platform
above ground level situated in a cleared area maintained not less
than 75 feet to the rear of the principal business building and at
least 25 feet from both side lines, completely enclosed by a permanent
chain-link fence not less than six feet in height with gates and suitable
locking devices. The cleared area must at all times be maintained
to a distance of not less than 10 feet surrounding the fence. Warning
signs as required by the approved plan shall be conspicuously posted
and maintained along said fence at all times.
(3)
The loading platform must be constructed on concrete or steel piers
and shall be constructed so that no portion thereof will extend above
the height of the fence surrounding it.
(4)
The gates of such fenced area must be kept locked at all times when
said area is not in use.
(5)
Adequate dry-powder extinguishers, as required, must be maintained
at all times in the storage area and in the principal business building.
(6)
Shrubbed area and screening of the premises as required by the approved
plan shall at all times be maintained to protect adjoining residential
or other areas.
B.
Scientific research center use. Scientific research centers shall
conform to the following additional standards:
(1)
The site for each scientific research center shall have a minimum
area of 50 acres, a minimum width of 1,000 feet, a minimum depth of
1,000 feet and a minimum frontage of 1,000 feet along a major or secondary
road as shown on the Town Development Plan.
(2)
Use of a scientific research center site shall be limited to research
in the natural sciences by a nonprofit organization, plus incidental
educational activities, including seminars, lectures, biological laboratory
study, group discussions and field study, with residence on a permanent
basis limited to only those employees and their families necessary
for the operation and maintenance of the facility.
(3)
The maximum number of persons permitted to occupy, attend, or be
present at scientific research center sites at any one time shall
be equal to no more than two persons for each one acre of site area,
except that gatherings lasting not longer than one day, of no more
than four persons for each acre of site area, may be held four times
in any calendar year.
(4)
Temporary guests shall be permitted to reside on the site, provided that they are participating in the activities of the center, provided that the density standards of Subsection B(3) are not exceeded and further provided that such guests are not in residence on the site for a period exceeding 10 days, except that scientific institute participants may reside on the premises of the institute for a period which shall not exceed six weeks in any calendar year. In addition, up to 20 students duly enrolled in academic programs conducted at the research center may reside on the property during the period of their academic study.
[Amended 5-14-2008 by L.L. No. 6-2008]
(5)
Off-street parking for scientific research centers shall be provided
on the basis of at least two spaces per resident family, one space
per employee and one space per three guests intended to occupy the
site at any one time. In addition, parking spaces for students residing
and enrolled in academic programs conducted at the research center
shall be provided on the basis of one off-street parking space for
each student.
[Amended 5-14-2008 by L.L. No. 6-2008]
(6)
Setbacks for new main buildings shall be at least 300 feet from any adjoining residential properties, 150 feet from any roads and 50 feet from any adjoining business properties. Setbacks for all new accessory buildings and parking areas shall be at least 100 feet from any adjoining residential properties, 100 feet from any roads and 25 feet from any adjoining business properties. Lesser setbacks for accessory buildings and parking areas may be approved by the Town Board in acting on any plan submitted in accordance with §§ 355-33 through 355-39, provided that proper protection is provided to neighboring residential areas.
(7)
The maximum height limitations for all buildings on a scientific
research center site shall be 2 1/2 stories and 30 feet, and
the maximum building coverage shall be limited to 5% of the total
site area.
C.
Convalescent or nursing homes.
(1)
Location. Convalescent or nursing homes shall be permitted only in
locations fronting on or having direct access to a major or collector
road.
(2)
Site size. The minimum site size shall be four acres.
(3)
Density. The maximum permitted density shall not exceed 12 patient
beds per acre.
(4)
Coverage. Building coverage, including accessory buildings, shall
not exceed 10% of the lot area, nor shall the sum total of land covered
with buildings and parking, including driveways, exceed 30% of the
lot area, within any residence district.
(5)
Setbacks. All buildings shall be set back from adjoining properties
in residence districts, and from street lines directly opposite properties
in residence districts, a distance equal to at least twice the height
of such buildings, but in no case less than twice the maximum yard
requirement for the district. Off-street parking areas shall not be
permitted in any required front yard, nor in any required side or
rear yard within 20 feet of any adjoining property in a residence
district.
(6)
Occupancy and building type. The building may be occupied only by
patients, staff members and the family of the owner or of one staff
member. Any building to be used for convalescent or nursing home purposes
shall be of fireproof construction and not more than two stories in
height.
(7)
Off-street parking and loading. Minimum off-street parking requirements shall be as provided in Article IX. One off-street loading space shall be provided for each 100 patient beds or major portion thereof.
(8)
Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 355-15M of this chapter, shall be required along all lot lines adjoining properties in residence districts.
(9)
Other requirements. In addition to the special standards described above, convalescent and nursing homes shall comply with any other requirements of this chapter, any other special requirements deemed appropriate by the Town Board in accordance with the provisions of Article VII herein and all other applicable laws and regulations governing convalescent and nursing homes.
D.
Additional horses. Where more than two horses are kept, the following
additional requirements shall be met:
(1)
Use. Horses shall be solely for the noncommercial use and enjoyment
of residents and their guests and no for-profit horse shows shall
be permitted.
[Amended 4-22-1993 by L.L. No. 2-1993]
(2)
Special setback requirements. All buildings and grazing and exercising
areas shall be set back from adjacent residential property boundaries
at least twice the minimum distance required for residential buildings
in said district, except that the Town Board may either increase or
decrease this setback requirement because of relationships to neighboring
properties, topography or the installation of buffer, landscaping
and/or fencing. In no case, however, shall the minimum setback from
adjacent residential property boundaries be less than 25 feet.
(3)
No less than one acre of land shall be available for each additional
horse.
(4)
Permitted grazing and exercising areas. Horses must be fenced and shall not be permitted to graze, exercise or in any way intrude into any areas designated as controlled areas under Chapter 340, Wetlands and Watercourse Protection, of the Town Code.
(5)
Grooms quarters. Apartments may be provided for grooms and any other
employees required to manage the horses to be stabled on the site.
Such apartments shall be used only by such employees and occupied
only during that period of the year when horses are stabled on the
site. There shall be no more than one bedroom for every five horses
stabled on the site. To the maximum extent practicable, the arrangement
of such apartments shall be so designed so that kitchen and bathroom
facilities are shared in common.
(6)
Additional application requirements. In addition to the general application
requirements for special permit uses specified above, the application
for additional horses shall contain the following:
(a)
The designation of areas where existing vegetation will be cleared
for grazing and/or exercising areas. The type of grasses and other
vegetation to be replanted in these areas for grazing will be described.
A planting schedule should also be provided.
(b)
The designation of areas for the storage of manure and other
materials that could negatively affect air quality and surface water
and groundwater quality. The method of such storage will also be described.
If off-site disposal of such materials is proposed, the location of
the off-site disposal area should be specified. No storage of manure
shall be permitted to exceed 10 cubic yards in quantity or be located
within 100 feet of a property line, watercourse or controlled area.
(c)
All feed shall be stored in rodentproof containers.
(d)
A detailed management plan specifying the number of horses and
the planned schedule over the course of the year when horses will
be kept on the site. The management plan should discuss the potential
impacts on the environment of keeping the proposed number of horses
and the method to mitigate those impacts. This requirement may be
waived at the discretion of the Town Board.
(e)
A detailed plan of the proposed stables showing the use of floor
space by type of use and floor level.
E.
Fast-food restaurants. Fast-food restaurants shall comply with the
following additional requirements:
(1)
They may only be located in multitenanted buildings.
(2)
No consumption of food or beverages shall be allowed in automobiles
parked upon the premises or at other locations on the premises outside
of any building.
(3)
Parking and loading spaces shall be provided in accordance with Article IX, but in no case shall less than one loading space be provided.
(4)
In order to limit traffic generation to no more than 1,400 trips
in any twenty-four-hour period or 175 trips in any one-hour period,
gross floor area shall not exceed 2,500 square feet.
(5)
Adequate receptacles shall be provided for the deposit of waste materials.
(6)
Waste materials which tend to create a public nuisance on the premises
shall be disposed of at least once in every 24 hours, Sundays and
federal holidays excepted.
(7)
Quiet and good order shall be maintained upon the premises and disorderly
conduct or loitering shall not be permitted.
(8)
The Town Board may, in connection with its action on a special permit
application, set any other additional requirements it deems appropriate,
including but not limited to limiting the hours of operation.
F.
Outside display and sales. In specified business districts and in
residential districts where directly related to a permitted principal
nonresidential use, outdoor display and sales shall be permitted as
an accessory use, provided that the Town Board finds that such a use
is essential to the permitted principal use on the lot and provided
that the following standards are met:
[Amended 4-14-2010 by L.L. No. 2-2010]
(1)
Location. Merchandise shall not be displayed, nor shall any tables,
chairs or other furnishings be placed, in such a way so as to interfere
with ingress and egress by pedestrian and/or vehicular traffic. Where
sidewalk areas are to be used, there shall be a clear, unobstructed
path for pedestrians no less than four feet in width measured from
the edge of the curb. In the CB-A District, in addition to the above,
merchandise shall not be displayed nor shall tables, chairs or other
furnishings be located outside of the building area for the particular
lot. In all cases, the area to be used shall be entirely on the same
lot as the principal use. Outdoor display and sales shall not be located
in any yard adjacent to or across the street from a residential district,
nor shall such use be located within any yard adjacent to an occupied
residence located within a nonresidential district where the Town
Board determines that such residence would be negatively impacted.
(2)
Area.
(a)
(b)
The Town Board may waive the above requirements for fairs, tag sales or other events of a short-term duration not exceeding five days. The Town Board shall reduce the allowable area where it finds that the effects of the use would negatively impact on areawide traffic conditions, that noise levels would exceed levels permitted in Chapter 210, Noise, or that any adjacent uses would be negatively impacted.
(3)
Parking. The Planning Board shall review the parking needs of both
the principal use and the proposed special permit accessory use and
shall provide a recommendation to the Town Board with regard to the
adequacy of the existing parking and any additional parking that should
be provided to serve the use. If the Town Board determines, based
on the Planning Board's recommendation, that additional parking is
needed, the Town Board shall not grant the special permit unless such
spaces can be provided and shall require the improvement of such spaces
either prior to or as a condition of the issuance of the special permit.
(4)
Materials and landscaping. Materials shall be displayed and tables,
chairs and other furnishings shall be placed on a paved surface that
shall be located and designed so as to provide for cleanliness and
ease of maintenance and to prevent any disturbance to landscaping.
Areas shall be suitably landscaped to provide attractive and effective
buffering and screening. The Town Board shall refer the design to
the Architectural Review Board for its review and report regarding
the proposed type and arrangement of outdoor furnishings, the relationship
to existing structures' uses and other aesthetic considerations.
(5)
Application. Application procedures shall be as stated in § 355-34 of this chapter. However, the Town Board may waive the submission of a detailed development plan required in § 355-34C where it deems appropriate. In such cases, the applicant shall submit a drawing of an appropriate scale with details and dimensions sufficient to be easily discernible in the field. Where the proposed use is a seasonal activity so that such use may be temporarily discontinued for a period not to exceed 12 months and where not precluded by the Town Board, the special permit application may be renewed by application to the Town Building Inspector prior to the display of merchandise or placement of tables and chairs outside, provided that the location and arrangement is the same as that approved by the Town Board. The fee for such renewal shall be set forth in the Master Fee Schedule.[1]
[Amended 11-18-2015 by L.L. No. 9-2015]
G.
Helistops. Helistops shall comply with the following additional requirements:
(1)
Helistops shall be permitted only on lots having an area of at least
50 acres and shall be set back at least 500 feet from any street,
property line or occupied building.
(2)
If a helistop 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; provided, however, that up to 40 uses (one landing and
one takeoff constitute one use) per month may take place during non-daylight
hours, on condition that each such non-daylight use must take place
prior to 9:00 p.m.
[Amended 9-28-1995 by L.L. No. 6-1995]
(4)
Any helicopters using such a facility shall be jet-powered, unless
it is determined to the satisfaction of the Town Board that a different
type of helicopter will result in a comparable or lesser noise level,
and shall have a capacity of no more than eight passengers.
(5)
The use of a helistop shall be limited to persons occupying or employed
on the premises and their visitors and guests.
(6)
The helipad (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.
(7)
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.
(8)
In connection with its action on a special permit application, the
Town 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.
(9)
No helistop shall be permitted unless its location will permit the
final ingress and egress routes within 1/2 mile of such location to
be over nonresidential lands.
H.
Churches or other places of worship, including parish houses, church
school rooms, convents or rectories; private or parochial elementary
or high schools, public libraries.
(1)
Location. The uses listed in this subsection may be permitted only
in locations fronting on or having direct access to major or collector
roads as determined by the Planning Board and shown on the Town Development
Plan Map.
(2)
Coverage. Building coverage, including accessory buildings, shall
not exceed 20% of the lot area, nor shall the sum total of the land
covered with buildings and parking areas, including driveways, exceed
50% of the lot area.
(3)
Setbacks. All new buildings shall be set back from adjoining properties
in residence districts, and street lines directly opposite properties
in residence districts, a distance equal to at least twice the normally
applicable front yard setback requirement for detached one-family
dwellings in the zoning district in which they are located, but in
no case less than 50 feet. Off-street parking areas shall not be permitted
in any required front yard, nor in any required side or rear yard
within 20 feet of any adjoining property in a residence district.
Setback requirements may be modified by the Town Board in cases of
conversions of existing buildings.
I.
Membership clubs.
[Amended 6-10-2015 by L.L. No. 6-2015]
(1)
Purpose. It is the purpose and intent of this subsection to encourage
the use of land in residence districts for recreational facilities,
such as golf courses, tennis and swimming clubs and similar facilities,
to provide for the recreational needs of the Town. It is the further
purpose and intent of permitting such uses to encourage the maintenance
of significant tracts of land as open space to protect and enhance
the environmental and visual quality of the Town. Finally, it is the
purpose and intent of this subsection to assure that such diverse
types of recreational uses are developed and managed so as to protect
the quality of the environment and the property values of adjacent
and nearby residential areas.
(2)
Location and use.
(a)
Where clubs do not front on or have direct access to a major
or a collector road as shown on the Town Development Plan Map, the
intensity of use shall be limited by the Town Board to the extent
necessary to assure that the expected average traffic generation of
such use will not exceed that which would be expected if the premises
were developed for permitted residential purposes.
(b)
Uses and facilities customarily part of a club shall be permitted
as accessory uses, including but not limited to golf driving ranges,
golf practice greens, golf and tennis pro shops, swimming pools, tennis
courts and other recreational facilities, health, fitness and spa
facilities, facilities for the operation and maintenance of the club,
including employee and management housing and buildings for the storage
and repair of golf carts, and subject to applicable federal, state
and Westchester County laws and regulations, fueling and fuel storage
facilities, facilities for the storage and mixing of fertilizers and
pesticides, water supply wells and facilities, golf course irrigation
facilities and on-site sanitary sewage treatment facilities. A club
may have one or more restaurants, cafes and other food service facilities
which primarily serve club members and their guests but which may
also serve the general public at outings and catered events.
(c)
A maximum of 20 lodging rooms/suites, but not dwelling units,
for use by club members and their guests, guests attending catered
special events, and club management and employees, but not the general
public, shall be permitted. Lodging rooms/suites shall not have kitchens
or food preparation facilities.
(3)
Buffer area. A landscaped buffer area of at least 25 feet in width
shall be required along all lot lines adjoining or across the street
from properties in residence districts, unless a larger buffer area
is required by any other provision of this chapter. A landscaped buffer
area shall not be required along any lot line adjoining a golf course
community.
(4)
Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out of doors and shall be subject to a Town Board special use permit pursuant to Article VII of this chapter. However, where the scale of buildings and setbacks are such that placing such uses indoors would relate harmoniously to the existing residential character of the district in which the membership club is located, they may be placed within permanent or temporary structures via Town Board special use permit pursuant to Article VII of this chapter. Such facilities shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Town Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Town Board determines that any potential adverse external effect of such facility can be effectively reduced.
(5)
Management. The use and management of any facility under the terms
of any special permit approval shall be the responsibility of the
membership club. Suitable evidence, such as organizational documents,
shall be provided as a part of the special permit application to describe
the organizational structure and operating rules of the club.
J.
Public utility substations.
(1)
Public utility substations shall be subject to a finding, in addition to all other findings required by Article VII, that a public necessity exists for a utility substation in a residential area, and that the particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future, as well as present, needs.
(2)
The lot on which the utility substation is located shall have an
area of at least 10,000 square feet. The station shall be set back
at least 25 feet from all property lines and 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 or colored
and screened with evergreens that it will be harmonious with the residential
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 neighborhood in which it is located.
K.
Accessory apartments.
(1)
Purposes. It is the specific purpose and intent in allowing accessory
apartments in single-family residence districts to provide opportunity
and encouragement for the development of small rental housing units
designed to meet the special housing needs of persons of low- and
moderate-income, especially the young and the old, and of relatives
of families living in North Castle. It is also the purpose and intent
of this subsection to allow the more efficient use of the Town's existing
stock of dwellings and accessory buildings, to provide economic support
for present families of limited income and thereby promote the protection
and preservation of property values. Further, it is the purpose and
intent of these regulations to assure the maintenance of the single-family
character and property values of neighborhoods through resident-owner
occupancy of lots and dwellings where an accessory apartment might
be located. To help achieve these goals and to promote the other objectives
of this subsection, the following specific standards are set forth
for such accessory apartment uses.
(2)
Application. Application for a special permit for an accessory apartment shall be made to the Planning Board and shall be in the form as required for all special permit uses outlined in § 355-34. The applicant must be the resident owner of the property. Said plan shall be prepared by a registered architect or licensed and registered engineer and shall contain or be accompanied by the following information: a map showing the applicant's entire property at a scale of from one inch equals 20 feet to one inch equals 100 feet; a location map showing adjacent properties and streets; the location and design of all buildings and structures; the proposed division of the principal dwelling, showing the accessory unit, if appropriate; a detailed plan of the use of floor space by type of use and floor level; existing topography and proposed grade elevations; location of driveway(s) and parking; and a description of the method of water supply and sewage disposal and location of such facilities. Where previous knowledge of a site and the potential accessory apartment location permit, the Planning Board may waive preparation of a site plan, except for interior floor plan descriptions. Upon receipt of a complete application, the Planning Board shall forward one copy to the Building Inspector and copies to other agencies where determined appropriate.
(3)
Occupancy. The owner of the lot on which the accessory apartment is located shall occupy either of the dwelling units on the premises. Owner occupancy of one of the units shall continue for the duration of the special permit. Alternative forms of ownership may include but are not limited to corporate ownership, partnership ownership, an estate or trust ownership, subject to review by the Town Attorney to ensure that the intent of this section and this Subsection K are fulfilled.
[Amended 4-22-1993 by L.L. No. 2-1993]
(4)
Location and waiting periods.
(a)
Accessory apartments are only permitted in any of the single-family
residence districts. Accessory apartments may be located in a principal
residence or in an accessory building, provided that such building
existed prior to October 11, 1984, and conforms to the other requirements
of this chapter, unless a variance therefor shall have been granted
by the Zoning Board of Appeals.
[Amended 7-25-2007 by L.L. No. 15-2007]
(b)
No accessory apartment shall be permitted until four years after the issuance of the initial certificate of occupancy for the principal dwelling, and no accessory apartment shall be permitted in a structure until at least two years after the current owner has acquired title to the property, whichever comes later. See also Subsection K(16) regarding change of ownership.
[Amended 4-22-1993 by L.L. No. 2-1993]
(c)
However, the above provision shall not apply if an approved
accessory apartment was in existence and was occupied at least six
months prior to the change in title to the property.
(d)
In the event that the accessory apartment is subsequently vacated
by the holdover occupant, no accessory apartment shall be permitted
until at least two years after the current owner has acquired title
to the property.
(5)
Number of accessory apartments per lot. There shall be no more than
one accessory apartment per lot.
(6)
Exclusion from preexisting boardinghouses. No accessory apartment
shall be permitted in any dwelling unit utilized as a boardinghouse
previously established under the provisions of this chapter.
(8)
Conformance with other district standards. Any principal or accessory
building in which an accessory apartment is proposed shall meet all
applicable setback requirements and other standards for the district
in which it is located.
(9)
Off-street parking and location. Off-street parking for accessory apartments in residence districts shall be provided in accordance with the requirements of Article IX. Where practicable, the Planning Board shall require that off-street parking for accessory apartments be located in the side or rear yard of the lot and in no case less than 20 feet from a front property line.
(10)
Exterior appearance. If an accessory apartment is located in
the principal dwelling, the entry to the unit and its design shall
be such that the appearance of the dwelling shall remain as a single-family
residence.
(11)
Apartment size. The minimum size of an accessory apartment within
a principal dwelling shall be 300 square feet. Where the gross floor
area of the dwelling is less than or equal to 2,000 square feet, the
accessory apartment shall in no case exceed 33% of such area. Where
the gross floor area of the dwelling is greater than 2,000 square
feet, the permitted maximum size of the accessory apartment may be
increased by 25% of the gross floor area in excess of 2,000 square
feet. In cases of accessory apartments established prior to October
11, 1984, upon recommendation of the Building Inspector, the Planning
Board may, at its option, increase these percentages to no more than
35% and 27%, respectively. The minimum size of an accessory apartment
located in an accessory building shall be at least 300 gross square
feet. There shall be no more than two bedrooms per accessory apartment.
(12)
Building Inspector review and report. Within 30 days of receipt
of a completed application which indicates conformance to all dimensional
standards set forth above, the Building Inspector and the Fire Inspector
shall conduct an on-site inspection of the residence and shall report
on such inspection to the Planning Board and shall include in these
reports the compliance of the proposed accessory unit with the requirements
of this subsection, as well as building and fire codes, and other
information as may be requested by the Planning Board.
(13)
Public hearing and Planning Board action.
(a)
A public hearing shall be held by the Planning Board in accordance with the same requirements as set forth in § 355-49. The applicant shall be responsible for the publication of notice in official Town newspapers and shall mail to all other required recipients a copy of the public hearing notice by first class mail. Notice of hearing shall be mailed by the applicant at least 10 days before such hearing in official envelopes provided by the Town of North Castle. Proof of mailing to all required property owners shall be demonstrated by providing the Town with a certificate of mailing (PS Form 3817 or 3877). The notice of public hearing shall bear the signed approval of the Building Inspector and shall be maintained as part of Town records of the accessory apartment application. Following approval of the public hearing notice text, the Building Inspector shall be responsible for publication in official Town newspapers. Following the close of such public hearing, the Planning Board shall approve, conditionally approve or disapprove the special permit application, in accordance with the schedule and requirements of § 355-37. The applicant may grant extensions of any review period to the Planning Board.
[Amended 2-25-2015 by L.L. No. 2-2015; 11-18-2015 by L.L. No. 9-2015]
(b)
The decision to grant or deny an application for a permit for
an accessory apartment under this chapter is entirely discretionary
on the part of the Planning Board on a case-by-case basis. Permission
granted for any accessory apartment shall not be construed to be a
precedent or to be a factor in favor of the grant of an accessory
apartment to any other applicant. The Planning Board shall be required
to give substantial weight to evidence of the potential cumulative
impact on population density, traffic, noise, availability of potable
water, wastewater disposal, solid waste disposal and any other potential
changes in the single-family character of the neighborhood or street
to be affected by the subject application. An applicant's compliance
with the minimum standards required by this subsection shall not reduce
the responsibility of the Planning Board to exercise its mandate of
discretion in order to protect and preserve the basic single-family
character of the neighborhood or street in question.
(14)
Utility service. Prior to the issuance of a building permit
for the establishment of an accessory apartment, the existing septic
disposal system shall be reviewed by the Westchester County Department
of Health, except where public sewer is provided. The Building Inspector
shall reject all applications for building permits for accessory apartments
in those cases where the Health Department report indicates that the
septic system is inadequate for the requested use, or contains recommendations
for improvements to the system until such time as such recommended
improvements are installed. The applicant shall demonstrate to the
Building Inspector that the septic disposal system has been cleaned
within one year of the date of application. For properties provided
with water supply from an on-site well, the applicant shall also collect
a sample of well water for microbiological analysis to determine the
presence of the coliform group. Such sample shall be analyzed by a
state-approved laboratory, and the results shall be reported to the
Building Inspector and Health Department.
(15)
Reinspection. Accessory apartments which have been approved
by the Planning Board, following due notice and public hearing, shall
be reinspected by the Building Inspector every three years. The purpose
of such continuing reinspection of the accessory unit shall be to
determine if all required conditions of approval continue to be complied
with, and report on such findings to the Planning Board. At the same
time of such inspection, the Building Inspector shall also review
and report on compliance with off-street parking requirements. If
the Building Inspector finds that additional parking is necessary
for the lot, he shall report such finding to the Planning Board and
recommend the number of additional spaces to be provided. On the recommendation
of the Building Inspector, the Planning Board may make a finding that
the original conditions of special permit approval continue to be
complied with, modify the conditions of special permit approval in
accordance with the Building Inspector's recommendations or revoke
the accessory apartment special permit approval.
L.
Private stables.
(1)
Location. Private stables shall be permitted only on lots of not
less than 25 acres.
(2)
Special setback requirements. All buildings and grazing and exercising
areas shall be set back from adjacent residential property boundaries
at least twice the minimum distance required for residential buildings
in said district, except that the Town Board may either increase or
decrease this setback requirement because of relationships to neighboring
properties, topography or the installation of buffer landscaping and/or
fencing. In no case, however, shall the minimum setback from adjacent
residential property boundaries be less than 100 feet.
(3)
Density. At no time shall the maximum number of horses exceed two
per acre.
(4)
Permitted grazing and exercising areas. Horses must be fenced and shall not be permitted to graze, exercise or in any way intrude into any areas designated as controlled areas under Chapter 340, Wetlands and Watercourse Protection.
(5)
Grooms quarters. Apartments may be provided for grooms and any other
employees required to manage the horses to be stabled on the site.
Such apartments shall be used only by such employees and occupied
only during that period of the year when horses are stabled on the
site. There shall be no more than one bedroom for every five horses
stabled on the site. To the maximum extent practicable, the arrangement
of such apartments shall be so designed so that kitchen and bathroom
facilities are shared in common.
(6)
Additional application requirements. In addition to the general application
requirements for special permit uses specified above, the application
requirements for private stables shall contain the following:
(a)
The designation of areas where existing vegetation will be cleared
for grazing and/or exercising. The type of grasses and other vegetation
to be replanted in these areas for grazing will be described. A planting
schedule should also be provided.
(b)
The designation of areas for the storage of manure and other
materials that could negatively affect air quality and surface and
groundwater quality. The method of such storage will also be described.
If off-site disposal of such materials is proposed, the location of
the off-site disposal area should be specified.
(c)
A detailed management plan specifying the number of horses and
the planned schedule over the course of the year when horses will
be kept on the site. The management plan should discuss the potential
impacts on the environment of keeping the proposed number of horses
and the method to mitigate those impacts.
(d)
A detailed plan of the proposed stables showing the use of floor
space by type of use and floor level.
M.
Facilities for the production and/or distribution of asphaltic or
other forms of concrete.
(1)
Purpose. It is the specific purpose and intent of this subsection
that, in allowing facilities for the production and distribution of
asphaltic or other forms of concrete in the Industrial A (IND-A) District,
such facilities be constructed, operated and maintained in conformance
with the general purposes of this chapter and the applicable laws
and regulations of the Town of North Castle and that conditions of
any approval be set forth to address the site-specific aspects of
any proposed facility. It is the purpose and intent of this subsection
to assure, to the maximum extent possible, that the construction,
operation and maintenance of such facilities is undertaken in a manner
which will protect the public health, safety and welfare. Specifically,
this subsection intends to prevent significant degradation of air
quality and to minimize increases in noise and traffic. It is the
purpose of this subsection to identify and avoid all other potentially
detrimental impacts on the environment, with particular concern for
the protection and preservation of any adjacent or proximate residentially
zoned and occupied properties. It is the purpose and intent of this
subsection to negate any potential conflicts between such facilities
and other surrounding land uses. It is the intent of this subsection
that only an asphaltic concrete plant or a concrete plant may operate
on a site at any given time. In no event shall an approved site be
occupied at the same time by both an asphalt and a concrete plant.
It is the further intent of this subsection to require that the operation
of an asphaltic or concrete plant shall be subject to the conditions
of a special use permit as well as to site plan review and approval
by the Planning Board, any other provisions of the laws, ordinances
or regulations of the Town of North Castle notwithstanding. To help
achieve these goals and to promote the other objectives of this subsection,
the following specific standards are set forth for such facilities.
(2)
Location. Facilities for the production and/or distribution of asphaltic
or other forms of concrete shall be located on parcels of not less
than one acre in area. Such facilities shall neither adjoin (i.e.,
share a common property line) nor be located within 50 feet from any
residentially zoned land. Access and frontage shall be on either a
state or county highway.
(3)
Special setback requirements. Building materials, storage areas,
vehicular operations and parking areas shall be located at least 25
feet from any property line, except that the Town Board, in acting
upon the required special permit, may increase or decrease this setback
requirement due to relationships to neighboring properties or other
environmental concerns.
(4)
Landscaping. The Town Board shall require landscaping sufficient
to screen those activities on the site from adjacent roads and from
adjoining properties. Such landscaping shall be of such type and location
as to adequately screen the activities on the lot from adjacent properties
and roads and to ultimately screen activities on the lot, to as great
an extent as is reasonably possible, from the view of existing residences
in the nearby residential district. A wall or fence of location, height,
design and materials approved by the Town Board may be used to enhance
the required landscaped screening. The required landscaping and other
screening shall be properly maintained throughout the life of the
use that is on the site.
(5)
Lighting. All exterior lighting shall be located so that the source
of the light and any objectionable glare therefrom is not visible
from any neighboring property. The height, intensity, spacing and
design of all exterior lighting fixtures shall be such that they will
be in character with the area in which they are located. The level
of lighting shall be limited to that necessary for safety and security
purposes. The lighting system design shall be subject to the approval
of the Town Board as part of the required special permit.
(6)
Additional application requirements. Along with those application requirements listed in § 355-34 of this chapter, applicants for facilities for the production and/or distribution of asphaltic or other forms of concrete shall submit additional information as may be required by the Town Board. The Town Board may request review of any submitted plans and materials by the Town Engineer, the Town Fire Commissioner, other agencies or by any consultants whose expertise the Board deems is required for such review. The cost of the aforementioned review of plans and materials by any consultant required by the Town Board shall be entirely borne by the applicant. The Town Board shall not impose any such costs upon the applicant without the express written approval of the applicant. Such agencies or consultants shall have 30 days to submit a report as required in § 355-35 of this chapter. The required additional materials shall include but shall not be limited to the following:
(a)
A detailed description of the method of production, the operation
of the facility, the number of employees required, and the amount
and type of material to be stored on the site, as well as transported
to and distributed from the site. The proposed hours of operation
shall also be provided.
(b)
Information regarding ambient air quality in that area encompassed
within a radius of no less than 1/2 mile from the subject property.
This information shall include but not be limited to levels of particulates,
carbon monoxide (CO) and those pollutants likely to be produced from
such a facility. The relationship of ambient conditions to state and
national air quality standards shall be indicated.
(c)
A plan for the control of emissions from the facility, including
controls for dust and other windblown materials.
(d)
An analysis of ambient noise conditions and the amount of noise expected to be produced from the operation of the facility, including vehicular noise. The noise analysis shall be used to determine whether the facility will be in compliance with Chapter 210, Noise, of the Town Code.
(e)
A detailed stormwater drainage system design indicating how
pollutants on the site will be prevented from entering the ground
and surface water systems, as well as limiting the rate of runoff
during a one-hundred-year and greater frequency storm to that occurring
prior to the development of the site.
(f)
A detailed traffic study shall be provided specifying the number,
size and type of vehicles that will be entering and exiting the site
during both the morning and evening peak traffic hours and during
the normal operating hours of the facility. The study shall also evaluate
existing and post-development traffic conditions along roadways and
intersections in the primary impact area as defined by the Town Board.
(g)
A plan for the disposal of all waste materials shall be submitted.
(h)
A plan for the storage and safe handling of any flammable, hazardous
or otherwise toxic materials shall be submitted and shall include
a list of every potentially flammable, toxic or otherwise hazardous
material to be utilized on the site. This plan shall also describe
how such materials will be transported to and from the site, the type
and size of vehicle used for such transport and the expected frequency
and schedule of such transport. This plan shall comply with all required
fire and safety codes. Written approval of the aforementioned plan
by the Town Engineer and the Town Fire Inspector shall be required.
(7)
Standards. The Town Board shall not issue a special permit for a facility for the production and/or distribution of asphaltic or other forms of concrete unless all of the requirements of Article X of this chapter, as well as the following standards, are met:
(a)
Air quality standards in the surrounding area for particulates,
carbon monoxide and those pollutants likely to be created by such
a facility shall not exceed the most stringent state or federal guidelines,
whichever is most restrictive.
(b)
Noise levels shall not exceed the standards permitted under Chapter 210, Noise, of the Town Code.
(c)
Water quality in stormwater flows off the site shall not exceed
the most stringent county, state or federal standards, whichever is
most restrictive. The stormwater management system shall be designed
so that there shall be no increase in the rate of runoff for a one-hundred-year
storm event.
(d)
The traffic generated from the proposed use shall not cause the operation of any intersection within the primary impact area, as defined by the Town Board, from being decreased in its level of service, as defined by the Institute of Transportation Engineers, more than one level. Under no circumstances shall the level of service be permitted to fall below Level D, as defined in the most recent version of the Highway Capacity Manual. Storage, parking and standing of all vehicles associated with the manufacture and distribution of the product of the plant and all loading and unloading operations shall take place entirely on the site. The operation of the proposed plant shall not result in parking or standing on any adjacent road or highway by any vehicle awaiting entrance to the proposed plant. To that end, the applicant must provide on-site holding areas adequate to accommodate the maximum number of vehicles identified according to Subsection M(6)(f) of this section. Operation of the proposed plant shall not generate accumulations of slow-moving traffic in excess of three vehicles of any size within 100 yards of the plant entrance and progressing towards that entrance at a speed of 10 miles per hour or less. In addition, neither the operation of nor the traffic generated from the proposed use shall create any new or exacerbate any existing condition that would reduce traffic safety either at the access points to the site, the egress points from the site or within a primary impact area around the site as defined by the Town Board.
(8)
Hours of operation. The Town Board may limit the hours of operation
in order to reduce the impacts of the proposed facility on neighboring
properties and on the areawide traffic system. In no case shall the
gates of the facility open nor shall any aspect of the operation of
the facility occur before 7:00 a.m. or after 6:00 p.m. local time,
nor shall operation on Saturdays, Sundays and federal holidays be
permitted.
(9)
Monitoring. In order to assure that the specific standards of this subsection and Article X of this chapter are attained, as well as to assure continued compliance with the conditions of the special permit, the Town Board shall require that the applicant monitor specific factors and provide reports on a quarterly basis to the Town Board. The Town Board reserves the right to demand a written report on any or all of those factors at any time as dictated by the need to protect the health, welfare and safety of the community. Such a report must be delivered to the Town Board and the Town Engineer within seven days of the date of the request. Such monitoring shall be undertaken in accordance with the applicable provisions of this chapter, as well as other Town, county, state and federal guidelines. An approved facility may not operate unless it is in strict conformance with all of the requirements and conditions of this subsection, the laws and regulations of the Town of North Castle, the conditions of site plan approval of the Planning Board and the conditions of operation attached to the special permit approval. If at any time the Building Inspector determines or the required monitoring reveals that the use is no longer in full compliance with the above-mentioned requirements and conditions, then the operation of the facility shall be discontinued. The special permit shall, in that instance, be considered to be revoked until required repairs, improvements or changes in operation are effected as necessary to assure that all standards and conditions are fully complied with as determined by the Building Inspector. In the event that an approved facility is found to be in noncompliance on three separate occasions within one twelve-month period, reinstatement of the permit to operate shall not be granted by the Town Board or any other agency of the Town until the question of compliance and reinstatement is the subject of a publicly held and advertised meeting of the Town Board.
(10)
Liability. The Town Board shall require environmental impairment
insurance for any claims for damage to property or bodily injury or
death which may arise out of or result from the applicant's operation
of the proposed facility, whether such operations be carried out by
the applicant or by any other party responsible for the operation
of the proposed facility. This insurance shall be written for an amount
determined by the Town Board on advice of its counsel, engineering
consultant and risk management advisor and shall have an extended
discovery period from the date of the plant's closure and lapse of
such policy of not less than 36 months. Such insurance shall be deemed
by counsel to be sufficient to settle the anticipated liability requirements
of any or all potentially affected individuals, municipalities, the
County of Westchester and State of New York related to the operation
of the proposed facility, and the Town of North Castle shall be named
in the policy as "additional insured."
(11)
Consent requirement. Notwithstanding all other requirements
of this subsection, when the site of the proposed facility is within
1/2 mile of any residentially zoned property within the Town of North
Castle, it is the finding of the Town Board that such a proposed use
has sufficient potential to be detrimental to the public health, safety
and welfare of surrounding residents within that radius that the Town
does hereby invoke a consent requirement. The applicant shall be required
to provide the Town Board with written consent to the proposed facility
and its operation in the form of a petition signed by a minimum of
51% of the ownerships of property within the Town of North Castle
within a half-mile radius of the geographic center of the proposed
site. A property that is 50% or more encompassed by the aforementioned
radius and within the Town of North Castle shall be considered to
be eligible to sign the consent petition. The required petition shall
be a condition of any special use permit which may be granted under
this subsection and shall be presented to the Town Board within 45
days after the close of the public hearing on the application. No
special use permit or any other permit or license for said use may
be granted by the Town Board prior to satisfaction of this requirement.
In the event that majority consent cannot be obtained by the applicant
within the prescribed time period, the Town Board shall then deem
the application to be null and void and the application shall be deemed
to be rejected by the Town Board. Each property ownership of each
lot within the described radius shall have one opportunity to sign
the consent petition, regardless of variations in size and/or valuations
of the lots. The consent petition shall be as described in Article
12, § 191, of the Town Law of the State of New York ("Petition"),
except that a simple majority of property and resident ownerships
within the described radius shall be required to indicate consent
for completion of the application for a special use permit. Such petition
shall describe the boundaries of the required radius in a manner sufficient
to identify the lands included therein as in a deed of conveyance,
which description must be approved by the Town Engineer and the Town
Attorney or Counsel to the Town of North Castle, and shall be signed
by the authorized owners and acknowledged or proved in the same manner
as a deed to be recorded. The petition shall clearly state the purpose
of the special use permit being sought and must be approved by the
Town Attorney or Counsel to the Town of North Castle for clarity and
sufficiency prior to being offered for signatures. Certification and
verification of signing eligibility and certification that the requisite
majority approval has been obtained by the applicant shall be the
sole responsibility of the Town Attorney or Special Counsel to the
Town of North Castle, who shall certify the results in writing to
the Town Board. All costs of the consent procedure shall be borne
by the applicant.
N.
Country inns.
(1)
Purpose. It is the specific purpose and intent in allowing country
inns as a permitted special use in single-family residence districts
to encourage an alternative use of large estate properties to that
of residential subdivision. It is also the purpose and intent of this
provision to allow for the use and reconstruction of estate buildings
that have significant architectural and/or historic qualities and
importance to the Town. Finally, this subsection seeks to assure that
such uses are designed and maintained so as to protect the character
and property values of the surrounding single-family neighborhoods.
To help achieve these goals and to promote the other objectives of
this chapter, the following specific standards are set forth.
(2)
Location. Country inns shall be permitted only on lots with an area
of not less than 25 acres and shall have no less than 300 feet of
frontage.
(3)
Special setback requirements. All buildings and other active uses
shall be set back from adjacent residential property boundaries at
least twice the minimum distance required for residential buildings
in said district, except that the Town Board may either increase or
decrease the setback requirement because of relationships to neighboring
properties, topography or the installation of buffer landscaping and/or
fencing. In no case, however, shall the minimum setback from adjacent
residential property boundaries be less than 100 feet. Parking areas
and access drives shall also be located so as to comply with the above
setbacks, except where to do so would require extensive regrading,
disturbance to significant features or inappropriate and inefficient
traffic flow. The Town Board may permit a reduction in the required
setback for parking areas and access drives to 50 feet in such cases
and where adequate screening can be provided to protect adjacent property
owners.
(4)
Use. The use of a country inn and any buildings or structures located
on the site shall be limited to the activities listed below. Such
uses shall be planned and located as an integral part of the country
inn and located on the same parcel:
(a)
Guest sleeping rooms, limited to not more than two per acre
and not interconnected by interior doors in groups of more than two.
(b)
Restaurants serving guests of the inn, the general public or
groups attending a catered social function at the inn, provided that
no music or other sound shall be audible beyond the boundaries of
the lot on which the use is conducted.
(c)
Amusement and sport facilities for the exclusive use of guests, including swimming pools, playgrounds, tennis or other court games, game or recreation rooms, and horseback riding facilities. Such uses shall be designed and maintained in compliance with the applicable sections of this chapter. In the case of horseback riding facilities, the use shall be in compliance with Subsection D, Additional horses, except that the more stringent setback requirements listed in Subsection N(3) above shall apply.
(d)
Automobile parking garages or carports for the exclusive use
of inn patrons.
(e)
Inn office and lobby.
(f)
Not more than three apartments, with or without kitchen facilities,
for the use of staff. The size and location of any apartments shall
be subject to other limitations as deemed appropriate by the Town
Board.
(5)
Buildings. As it is the purpose of this subsection to encourage the
appropriate use and maintenance of existing buildings of architectural
or historic significance to the Town, the principal uses permitted
in this subsection shall, to the maximum extent practicable, be located
within the existing building(s) on the site. However, where necessary
to assure a financially viable use, the Town Board may permit the
expansion of the existing building or the construction of new buildings.
The building coverage for all principal and accessory buildings shall
not exceed that permitted in the zoning district in which the site
is located. In addition, the total land coverage, including the area
of the buildings, parking areas, access drives and other impervious
surfaces, shall not exceed 20% of the site.
(6)
Standards for approval. No application for a special permit for a
country inn shall be approved unless the following standards are met:
(a)
Visual quality. The architectural style and siting of any additions
to the existing building(s), as well as new construction, shall be
of the type and scale that complements the existing architectural
style. Appropriate landscaping and other screening shall be provided
to prevent lighting on the site from lampposts, headlights or other
light sources from shining directly on adjacent residential properties.
(c)
Traffic. The site shall have adequate and safe ingress to and
egress from a state highway. In no case shall site traffic cause any
intersection within 1/2 mile of the site to fall to a Level of Service
D or worse, as defined in the most recent version of the Highway Capacity
Manual. The Town Board may require the applicants to provide traffic
improvements to accommodate such additional traffic as a condition
of the special permit approval.
(d)
Drainage. Drainage facilities shall be designed and constructed
so that there shall be no increase in the peak rate of runoff from
the site following the completion of the development in comparison
to pre-development stormwater loads.
(e)
Utilities. Water supply and sewage disposal systems shall be
designed in accordance with the applicable requirements of the Westchester
County Department of Health. The water supply system shall be a fire-rated
system and shall be capable, if required by the Town Board, to provide
a sprinkler system to all buildings on the site.
O.
Multifamily conversion. In a PBO-2A Zone, the conversion of a building
to multifamily residential use shall be permitted, subject to Town
Board approval and subject to the following special conditions and
requirements:
[Added 12-20-1989]
(1)
Purpose. It is the purpose and intent of this subsection to encourage
the retrofitting of large existing, structurally sound, institutional/public
use buildings to encourage the development of a variety of housing
types on suitable sites located adjacent to a retail business zone
and convenient to existing public transportation.
(2)
Minimum site and building requirements. The minimum site area shall
be at least two acres and the site shall have at least 300 linear
feet of frontage on a major or collector road as shown on the Town
Development Plan Map. The building proposed for conversion shall have
been constructed prior to 1940 and shall be set back at least 55 feet
from any street or property line.
(3)
Permitted uses. There shall be no principal use other than multifamily,
and such usage shall only utilize the existing interior space of the
building. The number of units, average square feet per unit and the
number of bedrooms per unit shall be subject to Planning Board approval.
The use of the building and site shall be planned in such a way as
to maximize the preservation of any features of historical or architectural
significance of any such structure. Accessory uses shall be as permitted
in the R-MF District.
(4)
Floor area. The minimum gross floor area of all dwelling units shall be in compliance with § 355-24I(2). The maximum gross floor area shall not exceed two times the minimum standards.
(5)
Parking requirements. On-site parking requirements shall be in compliance with Article IX and may be met in total or in part by accessory garages. Visitor parking spaces shall be as required by the Planning Board.
(6)
Buffer areas. Landscaped buffer areas shall be provided as determined
necessary and appropriate by the Planning Board.
(7)
Special setback requirements. All active recreational facilities,
such as tennis courts and swimming pools, shall be in such locations
on the site and shall have such setbacks as required by the Planning
Board.
P.
Child day-care facilities.
[Added 4-22-1993 by L.L. No. 2-1993; amended 9-23-1993 by L.L. No.
8-1993; 8-16-2000 by L.L. No. 5-2000]
(1)
Intent.
(a)
It is the intent of this subsection to encourage the provision
of day-care facilities for workers and residents in the Town of North
Castle.
(b)
The Town Board recognizes the importance of and need for day-care
facilities within the Town. However, the need for day care shall not
supersede the requirements to provide day care in a manner that adequately
protects the health, safety and welfare of the children to be serviced,
the parents of those children and the neighborhood in which such day-care
center will operate.
(2)
DAY-CARE CENTER
FAMILY DAY-CARE CENTER
GROUP FAMILY DAY-CARE CENTER
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A program licensed by the New York State Department of Social
Services pursuant to § 390 of the New York Social Services
Law that provides care for more than three hours but fewer than 24
hours a day away from the child's home by an individual, association,
corporation, institution or agency for seven or more children, except
those programs operating as group family day-care centers. "Day-care
center" shall not refer to a day camp, an after-school program operated
for the primary purpose of religious education or a facility operated
by a public school district.
A program licensed by the New York State Department of Social
Services Bureau of Early Childhood Services which provides care for
at least three children but not more than six children in the applicant's
home for more than three hours per day.
A program licensed pursuant to § 390 of the New
York Social Services Law and means a home wherein day-care services
are provided for up to 10 children of all ages, including not more
than four children under two years of age, or up to 12 children where
all such children are over two years of age. A group family day-care
center may also provide day-care center services to two additional
children if such additional children are of school age and such children
receive services only before or after school hours.
(3)
Required approvals.
(a)
Permitted accessory use. Day-care centers are permitted as an
accessory use to a principal use in the DOB-20A District and do not
require special use permit approval from the Town Board, provided
that such uses are located on the same lot as a principal use and
that such day-care center primarily serves the children of the offices
that constitute the principal use. Independent day-care centers as
a principal use shall be subject to special use permit approval by
the Town Board and the requirements of this subsection.
(b)
Special permit approval.
[1]
Notwithstanding Subsection P(3)(a) herein, day-care centers are permitted in all zoning districts subject to special use permit approval by the Town Board and the requirements of this subsection. No person, place, association, institution, agency or not-for-profit group shall operate a day-care center without a special use permit from the Town Board and site plan approval by the Planning Board.
[2]
A special permit may be issued for a day-care center only when
it has been determined, after an on-site inspection, a public hearing
and a review of the completed application and supporting documentation,
that the proposed use is in compliance with the standards contained
in this subsection. A special use permit for a day-care center shall
not be valid until the New York State Department of Social Services
has duly licensed such use. A permit may be revoked at any time for
noncompliance with the conditions set forth in this subsection, the
permit itself or failure of the day-care license to be renewed by
the New York State Department of Social Services.
(4)
Documentation required. Each application for a special permit for
a day-care center shall include the following:
(a)
An exterior site plan, including outdoor recreational space,
parking areas, drop-off and pickup areas, emergency equipment/vehicle
access, proposed landscaping buffer(s) and abutting property uses.
(b)
An interior floor plan, including planned occupancies or uses
of all interior areas, with dimensions, entrances/exits, toilets,
stairwells, fire/smoke detectors, etc.
(c)
At the discretion of the Town Board, reports from the Building
Department, the Fire Prevention Inspector, the Health Department,
the Town Engineer (if required by the Building Department) and the
Planning Department.
(d)
A certificate of insurance evidencing a current effective personal
injury liability policy covering the use and operation of the premises
as a day-care center. Such policy shall have a minimum policy limit
of $1,000,000 per occurrence, with an aggregate limit of $1,000,000
for family day-care centers and group family day-care centers and
a limit of $3,000,000 per occurrence with an aggregate limit of $3,000,000
for a day-care center.
(e)
At the discretion of the Town Board, a traffic study of the
locale in which the center shall be located may also be required for
all day-care center applications other than family and group family
day-care center applications.
(5)
Physical dimensional requirements.
(a)
Minimum lot size. Day-care centers in residence districts must
have a minimum lot size of 1,000 square feet of lot area per child
enrolled in such center. The Town Board may modify this standard where
the site is located adjacent to a Town park or other permanent open
space. No minimum lot size is required for a day-care center located
in a nonresidence district.
(b)
Outdoor recreation/play. Day-care centers shall contain at least
200 square feet of outdoor play space per child per shift or class.
The play area shall also be suitably fenced and separated from any
driveways, streets and drop-off/pickup area. The play area shall be
suitably screened and shall not be located nearer than 30 feet to
any lot line or street and no nearer than 60 feet to any adjacent
residential structure that is not a part of the facility. The Town
Board may reduce the thirty-foot buffer requirement where the site
is located adjacent to a Town park or other permanent open space.
(c)
Drop-off/pickup area.
[1]
Each day-care center must provide an off-street drop-off/pickup
area that can safely accommodate the maximum number of vehicles simultaneously
dropping off or picking up children from the center.
[2]
The drop-off/pickup area must be completely separated and partitioned
off from the on-site recreation/play area.
[3]
The drop-off/pickup area must provide direct access to the center.
(d)
Off-street parking. Day-care centers shall provide one space
per five children and one space per staff member. For day-care centers
which will have more than 125 students, the parking requirements may
be reduced to one space per eight children. For facilities where vans
are used for staff transportation, applicants may apply at the time
of their special use permit review for some reduction in staff parking.
Parking areas in residential areas shall be at least 15 feet from
all lot lines and shall be suitably screened and permanently paved.
(e)
Zoning compliance.
[1]
Day-care centers shall comply with all of the requirements of
the district in which the center is located, except that the Town
Board may modify the applicable maximum building coverage standard
for day-care centers located in residence districts where the site
is located adjacent to a Town park or other permanent open space.
[2]
Floor area ratio (FAR) computation. Interior and exterior space devoted to use as a day-care center in the DOB-20A District will not be included as floor area in the calculation of FAR when determining compliance with § 355-23 of this chapter. Land associated with the day-care center will be included in the total lot size when calculating the floor area ratio (FAR) of the site to determine compliance with § 355-23 of this chapter.
Q.
Development of sites in the DOB-20A Zone as transferee sites on reduced
lot sizes.
[Added 6-27-1996 by L.L. No. 3-1996; amended 10-8-2003 by L.L. No.
8-2003]
(1)
Purpose. It is the purpose and intent of this subsection to permit,
subject to the limitations set forth below, increased density on certain
sites in the DOB-20A Zone, with accompanying modifications to coverage
requirements and yard and buffer setbacks.
(2)
Application. The provisions of this subsection shall be applicable
only to sites that meet all of the following criteria:
(a)
The property must be located in the DOB-20A Zone;
(b)
The property must be a "transferee site" as defined in § 355-30I(5)(a)[4][a][2];
(c)
The property must have been initially rezoned at a reduced site
size as permitted by § 355-30I(2)(b);
(d)
The property must be located immediately adjacent to the New
York City Department of Environmental Protection Watershed Lands;
(e)
At least 90% of the parking must be provided in structured parking
garages; and
(f)
The development site must contain on-site amenities such as
a cafeteria, exercise facilities, and other similar uses in order
to minimize off-site traffic generation and the impact of such traffic
on the Armonk Hamlet area.
(3)
Physical dimensional requirements. Notwithstanding any other provisions
of this chapter, the Town Board, by special permit, may modify certain
physical dimensional requirements for properties in the DOB-20A Zone
as follows:
(a)
Maximum building coverage in percent of lot area: 20%.
(b)
Total lot coverage: 35%.
(c)
Minimum front yard setback for structured parking: 50 feet.
(d)
Minimum front yard buffer for structured parking: 50 feet.
(e)
Minimum side yard building setback adjacent to DEP watershed
lands: 100 feet.
(f)
Minimum side yard setback for structured parking adjacent to
DEP watershed lands: 10 feet.
(g)
Minimum side yard buffer for structured parking adjacent to
DEP watershed lands: 10 feet.
(h)
Minimum rear yard setback for building adjacent to DEP watershed
lands: 10 feet.
(i)
Minimum rear yard buffer for buildings adjacent to DEP watershed
lands: 10 feet.
(j)
Minimum average rear yard setback for structured parking adjacent
to DEP watershed lands: 100 feet.
(k)
Minimum average rear yard buffer for structured parking adjacent
to DEP watershed lands: 100 feet.
(l)
Minimum number of loading spaces: four spaces.
(m)
FAR: not applicable within the limitations set forth above.
(n)
Minimum front yard building setback: 100 feet.
(o)
Landscaped parking areas and internal circulation roadways may
be located within a required buffer strip, provided they are not within
10 feet of the property line.
(p)
Maximum height for parking structures: five stories or 55 feet.
(4)
Expiration. Notwithstanding any other provision of this chapter, the Planning Board, in granting site plan approval, amended site plan approval, or an extension of a previously granted site plan approval for a project which has received special permit approval from the Town Board under this Subsection Q, is hereby authorized to establish an expiration date for said site plan approval such that it will expire on the same date as or on any date prior to the special permit approval granted by the Town Board.
[Added 1-11-2006 by L.L. No. 2-2006]
R.
Automobile impound (tow storage) lots. In zones where permitted,
auto impound lots shall be subject to the following additional requirements:
[Added 5-10-2006 by L.L. No. 9-2006]
(1)
Towed vehicles shall be stored within a secured vehicle storage area
that is not accessible to the public.
(2)
Car storage areas shall be effectively screened as not to be visible
from adjoining property or public rights-of-way.
(3)
Indoor bays shall be located at the rear of the structure, not facing
the public right-of-way, and as far as possible from adjoining residential
uses.
(4)
All site lighting shall be stationary and directed away from adjoining
properties and the public right-of-way.
(5)
Trucks shall not be dispatched from the auto impound lot between
the hours of 7:00 p.m. and 8:00 a.m.
(6)
Impounded or damaged vehicles shall not be brought to the auto impound
lot between the hours of 7:00 p.m. and 8:00 a.m.
(7)
Vehicles shall not be retrieved from the auto impound lot storage
area after 7:00 p.m.
(8)
Repair activity of any kind shall be prohibited.
(9)
The entire site shall be paved with an asphalt or concrete surfacing
or an oil and aggregate mixture to prevent emulsion of dust or the
tracking of mud onto public rights-of-way.
(10)
The site shall be provided with adequate drainage provisions
satisfactory to the Town Engineer.
(11)
The automobile impound lot shall require one off-street parking
space for each 3,000 square feet of site area. All required off-street
parking shall be located outside of any secured vehicle storage area.
(12)
One off-street loading area for each acre of site area or fraction
thereof shall be located within the secured vehicle storage area.
(13)
Required off-street parking spaces shall not be used for the
parking of vehicles used directly in the conduct of the auto impound
lot.
(14)
No wrecked or dismantled vehicles shall be placed or allowed
to remain outside the enclosed yard area.
(15)
No wrecked or dismantled vehicles shall be stored at a height
greater than that of the surrounding fence or wall.
(16)
The crushing, smashing, baling or reduction of metal shall not
be permitted.
S.
Professional and business conference facility. In zones where permitted,
a professional and business conference facility shall be allowed by
special permit, provided that:
[Added 8-16-2006 by L.L. No. 14-2006; amended 10-6-2009 by L.L. No.
12-2009]
(1)
The following design objectives are met:
(a)
Formal and informal landscaping, natural wooded areas, stonewalls,
entrance gates and similar features shall be preserved whenever feasible.
(b)
Buildings shall be sited so as to have minimum impact upon meadows
and woodlands.
(c)
Unique natural areas and open spaces such as streams, ponds,
marshes, steeply sloped areas, woodlands, etc. shall be preserved.
(d)
The maximum floor area ratio of all conference facilities shall
not exceed 0.1 of the land area of the lot.
(e)
No building or parking area associated with the conference facility
shall be located within 250 feet of any neighboring residence.
(2)
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Town of North Castle, Westchester
County Department of Health, and the New York State Departments of
Health and Environmental Conservation.
(3)
No professional and business conference facility shall be permitted
on a lot of less than 25 acres, but more than one principal use shall
be permitted on such lot.
(4)
Functions at the professional and business conference facility shall
be limited to education, lectures, seminars, training and other events
of professional and business personnel associated only with businesses,
institutions of higher learning, civic groups, official government
and professional or business organizations.
(5)
A professional and business conference facility shall not contain
a restaurant, tavern, catering hall, nightclub, hotel, motel or inn
serving the general public.
T.
Day spas. In zones where permitted, day spas shall be subject to
the following additional requirements:
[Added 9-10-2007 by L.L. No. 18-2007]
(1)
Alcohol shall not be served within any accessory cafe within a day
spa.
(2)
The hours of operation of any accessory cafe within a day spa shall
be the same as the hours of operation of the day spa.
(3)
Special events such as birthday parties and other similar group events
shall not be held within any day spa.
(4)
A day spa shall not have more than a total of six manicure/pedicure
stations.
(5)
A day spa shall not have more than a total of four salon chairs.
(6)
All hair salon services shall be limited to a maximum of 15% of the
gross floor area of the day spa as determined appropriate by the Town.
U.
Assisted-living communities. In the PLI Zoning District, assisted-living
communities shall be subject to the following requirements, notwithstanding
any other provisions of this chapter:
[Added 7-13-2011 by L.L. No. 6-2011]
(1)
Purpose. This use is established for the purpose of furthering the
goals of the North Castle Comprehensive Plan by permitting the establishment
of a specialized, for-profit assisted-living development for the elderly,
including a density bonus for this type of development. In such development,
accommodation can be made for the range of needs of those elderly
who neither want nor need placement in a hospital or nursing home.
Assisted-living communities shall be designed to achieve compatibility
with their surroundings and to encourage orderly and well-planned
development. Assisted-living developments shall be of a scale and
location that will make it feasible to construct a comprehensive package
of supporting utilities, services, and facilities, so as to achieve
development which is environmentally, physically, visually, and economically
sound. Certain accessory uses that are requisite, desirable, and convenient
for assisted living for the elderly will also be allowed. Residents
of an assisted-living community have no need for schools and related
services, nor do they require, in the aggregate, as many municipal
services and facilities as compared to typical single-family housing
or other types of senior housing.
(2)
Permitted accessory uses. The following accessory uses shall be permitted
in conjunction with an assisted-living community:
(a)
Indoor and outdoor recreation for residents and their guests.
(b)
Continuing education, crafts and hobbies for residents and their
guests.
(c)
Living, dining, laundry, security and housekeeping facilities
for common use of residents.
(d)
Central kitchen for food served in dining areas or distribution
to individual dwelling accommodations and units.
(e)
Restaurant and/or dining room for residents and their guests.
(f)
Medical and dental services for residents only, with no cash
transactions allowed.
(g)
Small interior shops for the sale of goods or rendering of personal
services (such as hairdresser, banking) only to residents, with no
cash transactions allowed.
(h)
Off-street parking areas.
(i)
Signs and outdoor lighting.
(j)
Kitchenettes in dwelling units.
(k)
Other typical accessory uses associated with an assisted-living
community.
(3)
Physical dimensional requirements. Notwithstanding any other provisions
of this chapter, and provided that the original lot proposed for development
of an assisted-living community is located within 500 feet of a state
road, not including an interstate highway, the following dimensional
requirements shall apply:
(a)
Maximum floor area ratio for the assisted-living facility shall
be 0.60;
(b)
Minimum front, rear, and side yards shall be 20 feet;
(c)
Minimum building setback from a Town road shall be 200 feet;
(d)
Minimum lot size shall be 3.0 acres, provided that on a lot
of more than six acres where an assisted-living facility has been
approved:
[1]
The original lot may be subdivided and the resultant lot of
no less than 1.5 acres may be developed for any permitted use in the
PLI District.
[2]
The minimum front, rear, and side yards for the resultant lot
shall be 20 feet, provided that building coverage is not greater than
30%.
[3]
No building on the assisted-living community lot or the resultant
lot may be closer than 100 feet to one another nor less than 150 feet
from an existing building on an adjacent lot.
[4]
Notwithstanding Subsection U(3)(d)[3] immediately above, the resultant lot must have frontage on a state highway, and the original lot must have a minimum frontage of 25 feet.
[5]
The minimum lot depth of the resultant lot shall be 100 feet.
(4)
Other requirements. Where permitted, assisted-living communities
shall be subject to the following additional requirements:
(a)
Traffic access to any assisted-living community shall be from
a public street of adequate capacity and design to safely and conveniently
accommodate the expected traffic from such use.
(b)
The provision of vehicular and pedestrian improvements on and
around the assisted-living property necessary to mitigate any vehicular
and pedestrian impacts associated with the operation of the assisted-living
community.
(c)
All assisted-living communities shall be connected to public
water and sewer.
V.
Fine arts
instruction school. In the PBO Zone, a fine arts instruction school
shall be subject to the following additional requirements:
[Added 6-25-2014 by L.L.
No. 2-2014]
W.
Long-term parking structures. In the IND-AA Zoning District, long-term
parking structures shall be permitted, subject to Town Board approval
and subject to the following special conditions. Notwithstanding any
other provisions of this Zoning chapter, the Town Board, by special
permit, may modify certain physical dimensional requirements for properties
in the IND-AA Zoning District as specified below.
(1)
Purpose. It is the purpose and intent of this subsection to permit,
subject to the limitations set forth below, long-term parking structures
in the IND-AA Zone.
(2)
Use. Long-term parking structures shall be privately operated and
are intended for use by Westchester County Airport (HPN) users. Valet
parking services are permitted as accessory uses to the primary long-term
parking structure use.
(3)
Location. Long-term parking structures shall be located on parcels
of not less than two acres in area. Such long-term parking structures
shall neither adjoin (i.e., share a common property line) nor be located
within 50 feet from any residentially zoned land. Frontage shall be
on a state or county highway, or on New King Street.
(5)
Height. Long-term parking structures shall have a maximum height
of 55 feet.
(6)
Gross land coverage. The maximum gross land coverage shall be 60%
of the total lot area.
(7)
Number of parking spaces. The maximum number of parked vehicles permitted
in a long-term parking structure shall be 850. Where parking stackers
are used, only a maximum of 50% of the parking spaces may utilize
parking stackers. Parking stackers shall not hold more than two vehicles.
(8)
Size of parking spaces. Each self-park parking space shall be at
least nine feet wide and 18 feet long. Each valet parking space shall
be at least eight feet wide and 15 feet long.
(9)
Buffer area. A landscaped buffer area shall be required along all
street frontages.
(10)
Lighting. All exterior lighting shall be located so that the
source of the light and any objectionable glare therefrom is not visible
from any neighboring property. The height, intensity, spacing and
design of all exterior lighting fixtures shall be such that they will
be in character with the area in which they are located. The level
of lighting shall be limited to that necessary for safety and security
purposes.
X.
Attached, semidetached, detached, or multifamily dwellings. In the
Residential Multifamily—Downtown Armonk (R-MF-DA) District,
attached, semidetached, detached, or multifamily dwellings shall be
permitted, subject to Town Board approval and subject to the following
special requirements:
[Added 6-12-2019 by L.L.
No. 4-2019]
(1)
The following design objectives are met:
(a)
Height of buildings. Building height shall be closely evaluated
by the Town Board to ensure that building height is compatible with
the scale of adjacent neighborhoods. Maximum building height shall
only be permitted when special mitigating factors, such as arterial
roads and/or topography, are present to ensure compatibility with
adjacent neighborhoods as determined by the Town Board. When such
special mitigating factors are not determined to be present by the
Town Board, a maximum building height of 30 feet shall be provided
within the district.
(b)
Landscape area. A landscaped area shall be required along all
street frontages.
(c)
Visual privacy shall be preserved for residents through the
proper design of rear yards, terraces, decks or patio spaces. Proper
screening through the use of vegetation and fencing shall be provided.
(d)
Audio privacy shall be maintained by requiring proper standards
for party walls that will satisfactorily limit sound transmission
between adjoining dwelling units.
(e)
Private outdoor space shall be provided through the use of decks,
terraces, or patios for each unit, if deemed appropriate by the Planning
Board.
(2)
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Town of North Castle, Westchester
County Department of Health, and the New York State Departments of
Health and Environmental Conservation.
(3)
Traffic access shall be from a public street of adequate capacity
and design to safely and conveniently accommodate the expected traffic.
(4)
The provision of vehicular and pedestrian improvements on and around
the property necessary to mitigate any vehicular and pedestrian impacts
associated with the project.
(5)
Lighting. All exterior lighting shall be located so that the source
of the light and any objectionable glare therefrom is not visible
from any neighboring property. The height, intensity, spacing and
design of all exterior lighting fixtures shall be such that they will
be in character with the area in which they are located. The level
of lighting shall be limited to that necessary for safety and security
purposes.
Y.
Wireless communications facilities. Pursuant to Part II, Chapter 292, § 292-1 et seq., "Town of North Castle Wireless Facilities Law," certain wireless communications facilities (WCF) shall be allowed by special permit use, subject to Town Board approval, under the following conditions:
[Added 11-17-2021 by L.L. No. 9-2021]
(1)
Special permit use from the Town Board shall be required for the
construction, siting, or operation of a tower-based WCF, nontower
WCF, or a related wireless support structure in any zoning district,
where the property is not under Town ownership.
(4)
To the extent the Town Board concludes such conditions are necessary
to minimize any adverse effect of the proposed tower-based WCF, nontower
WCF, or related wireless support structure on adjoining properties,
the Town may impose conditions in granting special permit use, provided
that such exercise of zoning authority shall not be used to prohibit,
or have the effect of prohibiting, wireless services in the Town of
North Castle.
(5)
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by an
active, registered professional engineer (PE), licensed as such by
the State of New York.
(7)
A modification to an existing wireless communications facility that does not substantially change the physical dimensions of a tower or wireless support structure is an eligible facilities request that shall require a building permit, issued pursuant to Part II, Chapter 355, Article XII, § 355-74, Building permits.
Z.
Recreation
centers.
[Added 3-23-2022 by L.L. No. 3-2022]
(1)
Purpose. It is the purpose and intent of this subsection to encourage
the use of land in certain commercial and industrial districts for
recreational centers to provide for the recreational needs of the
Town. In addition, it is the purpose and intent of this subsection
to assure that such diverse types of recreation center uses are developed
and managed so as to protect the quality of the environment, property
values, and quality of life of adjacent and nearby properties.
(2)
Use.
(a)
The intensity of use shall be limited by the Town Board to the
extent necessary to assure that the expected average traffic generation
of such use will not adversely impact the surrounding streets and
neighborhood.
(b)
Uses and facilities customarily part of a recreation center
shall be permitted as accessory uses, including, but not limited to,
cafes and limited retail sales.
(3)
Buffer area. A landscaped buffer area of at least 25 feet in width
shall be required along all lot lines adjoining or across the street
from properties in residence districts, unless a larger buffer area
is required by any other provision of this chapter.
(4)
Special setback requirements. All active recreational facilities,
such as tennis courts, playing fields and swimming pools, shall meet
the setback requirements for principal buildings in the district in
which it is located. However, where the scale and intensity of such
facilities are such that the location of such uses may have a negative
impact on surrounding properties, the Town Board may increase the
required setback as may be reasonably necessary to achieve the appropriate
relationship between recreation facilities and adjacent sites, buildings,
properties and roads.
AA.
Day
camps. In zones where permitted, day camps shall be subject to the
following additional requirements:
[Added 4-12-2023 by L.L. No. 4-2023]
(1)
Uses. The special use permit may provide for accessory uses,
including athletic camp fields, tennis and racquetball courts, swimming
pools and other recreational buildings and facilities such as are
normally incident to the operation of a day camp.
(2)
Lot location and size. The site of a day camp shall physically
relate to the scope of planned activities, shall front on an interstate
highway and have a lot area of not less than 15 acres.
(3)
Density. The Town Board shall find that the proposed number
of campers can be accommodated on the site. There shall be no more
than 65 campers per gross acre at one time. In any event, no one day
camp shall be permitted to accommodate more than 1,000 campers at
one time.
(4)
Coverage. Building coverage, including accessory buildings,
shall not exceed 15% of the site area. Gross land coverage shall not
exceed 45% of the site area.
(5)
Yard requirements. No building or recreation facility, including
swimming pools and tennis and racquetball courts, shall be located
within 100 feet of any street or property line. No land within 50
feet of any street or property line shall be used for outdoor recreation,
including grass athletic fields and picnic areas. Off-street parking
shall not be located within 50 feet of any street or property line.
The restrictions contained herein shall not prevent the continued
use of any building, recreational facility, outdoor recreation area
or off-street parking area which was used for such purpose at the
time of adoption of this section.
(6)
Landscaped strips and shrubbery screens. Camp facilities shall
be screened from any adjoining residential properties by landscaped
strips not less than 15 feet wide.
(7)
Camp layout. Camp facilities shall be designed so as to be consistent
with the character of the surrounding neighborhood and operated so
as to reasonably safeguard the peace, welfare and comfort of neighboring
residents and their places of residence.
(8)
Operation plan. The applicant for a day camp shall submit a
preliminary operation plan identifying proposed operations, hours,
capacity and staffing requirements, as well as the parking management
plan referenced in Subsection A(10) below. A statement shall be included
detailing the nature and extent of regulation to be provided by the
State of New York and County of Westchester, with reference to statutes
and laws as appropriate. The operator of the day camp shall be required
to submit an update of the operation plan and regulatory statement
on an annual basis to the Building Inspector as a condition of the
special use permit.
(9)
Hours of operation. The day camp operating season shall be established
by the Town Board but shall in no event commence earlier than June
1 nor extend later than September 15. The hours of operation of the
day camp, including ground and other maintenance activities, shall
be established by the Town Board but shall in no event extend longer
than 12 hours per day.
(10)
Parking. Parking shall be provided pursuant to § 355-57 of the Town Code unless a greater or lesser number is found by the Town Board to be warranted based on review of the operation plan. Safe and adequate off-street loading and unloading areas shall be provided for buses and passenger cars. In addition, staff parking may be provided off-site, if deemed appropriate by the Town Board, and upon submission of an off-site parking management plan. The management plan shall identify shuttle transportation, hours of operation, number of vehicles parked and other operational parameters. A copy of the lease or similar arrangement for the parking off-premises shall be provided to the Town with the yearly operational plan.
(11)
Exterior lighting. Exterior lighting shall be of such a nature
as to minimize impact upon adjoining landowners.
(12)
Public address systems and sound amplification devices. The
use of public address systems and sound amplification devices which
are audible on adjacent parcels shall be prohibited except for reasonably
necessary emergency and safety purposes, subject to terms and conditions
pursuant to a plan preapproved by the granting authority. Such terms
and conditions and plan shall be specified within the language of
the permit; provided, however, that such plans seek to minimize the
ability to hear such emergency and safety uses off the subject premises
to the greatest extent practicable.
(13)
Site plan. The review and approval of a site plan by the Planning
Board shall be made a condition of the issuance of a special use permit.
(14)
Inspection. At all reasonable times, the Building Inspector
may visit and inspect the property and all relevant books, records
and accounts for the purpose of determining whether the day camp is
being operated in compliance with this section.
(15)
Open houses. Notwithstanding the above, the property may also
be used between September 1 and June 1 for open house events to showcase
the camp for prospective campers and parents. The number of such events
shall generally not exceed six per year.
