In addition to the other criteria in this chapter, the following
individual special uses shall meet the criteria below.
A. Home occupation, professional home-based office, or live/work. Home
occupations are deemed to be accessory uses and are permitted within
a single-dwelling unit, or in a building or other structure accessory
to a dwelling unit, and only by the person or persons maintaining
their primary residence in said dwelling unit, subject to the requirements
contained herein. For the purposes of this section, "primary residence"
is defined as the location of an individual's residence for more than
six months of the year. A home occupation shall not require full site
development plan submission. However, an applicant shall be required
to submit a lot survey indicating the location and size of the home
or accessory building and the area of the home or accessory building
to be used for purposes of the home occupation.
(1)
The minimum lot size shall be that specified for the zoning
district.
(2)
Extent of use. Such occupation is carried on in an area not
exceeding 33% of the gross floor area of the principal building.
(3)
At no time shall any premises be used in such a manner as to
cause the emanation therefrom of offensive or noxious odors, vapors,
fumes, glare, dust, smoke, gas, vibration, noise, or radiation or
be used in such a manner as to cause injury, annoyance or disturbance
to any of the surrounding properties and to their owners and occupants.
(4)
Mechanical and electrical equipment. Mechanical or electrical
equipment capable of producing noise, electrical or magnetic interference
with radio or television reception in the neighborhood shall be prohibited
unless also equipped with means to prevent such interference.
(5)
Outdoor storage. There shall be no outdoor storage of materials,
supplies, or equipment associated with the home occupation.
(6)
Employees on site. No more than two paid or non-paid employees
or assistants in addition to the home occupant may be engage on the
premises of the home occupation at any given time.
(7)
Permitted uses. It shall include no more than one of the following
uses, provided that such uses are clearly incidental and secondary
to the use of the dwelling unit for residential purposes:
(b)
Art/music/dance instruction for not more than nine students
simultaneously. Concerts or recitals are prohibited.
(c)
Professional office of engineer, architect, lawyer, insurance,
real estate, accounting, or similar customary home office based professions.
(d)
Photography, using home-scale equipment.
(e)
Professional craft workers and artists and other uses consistent
with the scope and intent of this section as determined and approved
by the approving agency.
(8)
Materials delivery. The size, frequency, and duration of deliveries
for the home occupation must be in keeping with the character of the
zoning district and surrounding land uses.
(9)
The City Planning Board may approve the operation of a home
occupation subject to any condition it deems necessary to ensure that
the use does not diminish or impact the peace, security and the overall
residential quality of the neighborhood. This includes the provision
of necessary off-street parking, if required.
(10)
Evidence of use. The home occupation shall not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat wall or window sign, having an area of not more than six square feet, shall be permitted on each lot on which the building is situated, such sign to be in conformance with Chapter
250 of the Code of the City of Newburgh and/or Article
XV, Form-Based Code for the district in which the home occupation may occur.
(11)
Commercial vehicle parking. Not more than one commercial vehicle
shall be permitted in connection with any home occupation and shall
be stored in an enclosed garage, or otherwise screened from the street.
(12)
Alterations. No alteration of the principal residential building
shall be made which alters the residential character of the building.
B. The standards for a child day-care center shall be as follows:
(1)
The special use permit application shall describe the anticipated
occupancy of the facility by age group, i.e., infant, toddler, and
school age, and the hours of operation of the facility, parking and
circulation plan, New York State Department of Social Services application
and license, and other information required to understand the operation.
(2)
A floor plan of the day-care center shall be submitted.
(3)
In addition to the parking space requirements contained in the
use and bulk tables, additional parking spaces shall be provided for dropoff
and pickup of children at a rate of one parking space per 15 children.
Said spaces shall be provided directly in front of the facility along
an internal driveway or in an approved parking area. The most appropriate
location for dropoff parking shall include a consideration of emergency
access and shall be determined by the City Planning Board during site
plan review. The dropoff location shall be clearly posted with appropriate
signage or pavement markings. Fire lanes shall not be used for dropoff
areas.
(4)
Outdoor play areas shall be located at a minimum distance of
25 feet from any lot line or from any parking area and 25 feet from
any public right-of-way and be fenced in for safety. Outdoor play
areas shall be directly accessible from the principal structure and
shall not require crossing any street, driveway, or parking area for
access. The City Planning Board may, as part of site plan review and
in consultation with the prospective operator, modify the area requirement
to apply only to the largest age group.
(5)
A six-foot-high solid fence or opaque fence combined with hedge
or tree plantings shall be provided to screen the outdoor play area
where it abuts a residential zoning district.
(6)
Said facility shall provide a minimum of two marked exits.
(7)
Day-care centers shall adhere to the requirements of the New
York State Uniform Fire Prevention and Building Code and all other
applicable state guidelines that govern said uses.
C. The standards for drive-thru establishments and automobile washes
shall be as follows:
(1)
A traffic queuing analysis must be submitted that demonstrates
that there will be no queuing on public streets or rights-of-way and
that all sidewalk areas will be kept clear of standing vehicles.
(2)
For automobile washes, a water management plan, including water
recycling, shall be submitted and approved by the City Planning Board,
which plan limits, to the extent practicable, the amount of potable
water used at the facility and demonstrates that the facility will
adequately capture all runoff from the facility on site.
D. The standards for a shopping center shall be as follows:
(1)
The site shall be planned and developed subject to a coordinated
plan.
(2)
The site and structures shall reflect the existing community
character and incorporate existing building facades to the extent
possible.
(3)
The shopping center shall encourage pedestrian usage, not require
outside storage, and have no light spillage onto adjacent properties.
(4)
The required off-street parking shall be based upon §
300-32 and Article
X of this chapter.
E. The standards for a cottage industry/live-work shall be as follows:
(1)
Adequate landscaping and/or screening must be provided around
any outdoor storage areas.
(2)
Delivery hours shall be regulated by the special use permit.
(3)
Any potentially unique adverse impacts of the use, owing to
the nature of the use, must be described in the special use permit
application and measures to mitigate such impacts must be provided.
F. The standards for a dry cleaner/commercial laundry shall be as follows:
(1)
Applicants must provide copies of all applicable New York State
and federal permits required for operation.
(2)
A chemical storage plan must be submitted detailing the nature,
amount, and method for storing all liquid and solid chemicals on the
premises. The plan must detail the features that guard against the
possible release of chemicals into the air, sewer system, ground,
or water.
G. The standards for a cabaret shall be as follows:
(1)
A building safety and evacuation plan must be submitted to,
and approved by, the City Planning Board and Building Inspector.
(2)
Adequate parking, either on- or off-street must be identified.
(3)
Noise attenuation must be provided when, in the opinion of the
City Planning Board, based on the proximity of the cabaret use to
residential uses or the nature of the planned cabaret use, such attenuation
will be needed to provide for the safe enjoyment of nearby residential
users or other property owners.