[Amended 5-18-1989 by L.L. No. 3-1989; 4-19-1990 by L.L. No. 1-1990; 6-23-1993 by L.L. No. 2-1993; 11-2-1993 by L.L. No. 3-1993; 3-17-1994 by L.L. No. 1-1994; 1-16-1997 by L.L. No. 1-1997; 3-20-1997 by L.L. No. 2-1997; 11-20-1997 by L.L. No. 8-1997; 11-18-1999 by L.L. No. 5-1999; 12-17-2009 by L.L. No. 1-2009; 5-21-2015 by L.L. No. 1-2015; 2-8-2023 by L.L. No. 2-2023]
Prior to approving any conditional use, the Planning Board or Village Board, as the case may be shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board may adopt additional rules and regulations pursuant to Article XX of this chapter. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. Where required, conditional uses and special permit uses shall be referred to the Rockland County Department of Planning (see Article XVII, § 290-113). The general conditions and standards for conditional use and special permit approval are as follows:
A.
The proposed use shall be of such location, size and character that
it will be in harmony with the appropriate and orderly development
of the district in which it is proposed to be situated and not be
detrimental to the site or adjacent properties in accordance with
the zoning classification of such properties.
B.
The location and size of such use, the nature and intensity of operations
involved in or conducted in connection therewith, its site layout
and its relation to access streets shall be such that both pedestrian
and vehicular traffic to and from the use and the assembly of persons
in connection therewith will not be hazardous.
C.
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
development and use of adjacent land and buildings.
D.
The proposed use will not require such additional public facilities
or services, or create such fiscal burdens upon the Village greater
than those which characterize uses permitted by right.
E.
As a condition of all special permits and conditional use permits,
right of entry for inspection with reasonable notice shall be provided
for to determine compliance with the conditions of said permit.
F.
As a condition of all special permits and conditional use permits
for projects located in the NS, PO, PO-R, LO, PILO and RS Districts,
a limitation may be imposed upon the time period for which the permit
is valid, or upon the transfer of the permit from one owner or user
to another.
[Amended 2-21-2019 by L.L. No. 1-2019; 7-21-2022 by L.L. No. 7-2022]
G.
As a condition of all special permits and conditional use permits
for projects located in the RR-50, R-40, R-35, R-25, R-15, and RSH
Districts, the special permit or conditional use permit shall remain
in effect for two years from the date of issuance of the building
permit to commence construction, and shall thereafter expire unless
the following renewal procedure is followed:
[Amended 2-21-2019 by L.L. No. 1-2019]
(1)
The Village shall notify the permit holder of the impending expiration
90 days prior to any expiration date. No more than 30 days prior to
the expiration of the special permit or conditional use permit, the
permittee shall submit an application for a certificate of compliance
from the Building Inspector, who shall inspect the special permit
use within 14 days to ensure compliance with the conditions of the
special permit or conditional use permit. If all of the conditions
of the special permit or conditional use permit have been met, the
certificate of compliance shall be issued by the Building Inspector
and the Building Inspector shall then extend the term of the special
permit or conditional use permit for five years. After the first renewal,
subsequent renewals shall be required every five years under the same
procedure as the initial renewal. Applications for renewal shall be
made prior to expiration, and no renewal shall be made nunc pro tunc.
(2)
In the event the Building Inspector denies the certificate of compliance, the applicant may submit an application for renewal of the special permit or conditional use permit to the Planning Board or Village Board pursuant to the procedures and standards of this article governing a new special permit or conditional use permit within 60 days of the notice of denial. The original conditional use or special permit shall expire at the time that the Planning Board or Village Board renders its decision on the application for conditional use or special permit renewal. In the event the Planning Board or Village Board approves the application for conditional use or special permit renewal, the renewed permit will be considered as a new permit and will be subject to an initial two-year term as required by Subsection G above. In the event the application for a conditional use or special permit renewal is denied, the original conditional use or special permit shall expire.
(3)
Special permits and conditional use permits shall expire after the
time periods indicated, regardless of whether expiration notices have
been sent by the Village or received by the permit holder. If any
conditional use or special permit expires, the permittee may reapply
for a new permit to the Planning Board or Village Board, pursuant
to the procedures and standards of this article.
H.
In addition to the general standards for conditional uses and special
permits as set forth above, the approving board may, as a condition
of approval of any such use, establish any other additional standards,
conditions and requirements, including a limitation on hours or days
of operation, as it may deem necessary or appropriate to promote the
public health, safety and welfare and to otherwise implement the intent
of this chapter.
[Added 2-21-2019 by L.L.
No. 1-2019]
Dormitories are permitted only as accessory uses to schools
of general instruction, subject to the following supplemental requirements.
A.
There shall be a minimum lot area of 1,800 square feet provided per
dormitory bed, exclusive of the lot area allocated and devoted to
the principal and other accessory buildings on any site, including
the required yards and/or setbacks, buffers and parking facilities
for said buildings.
B.
The minimum distance between a dormitory and any other building on
the lot shall be 50 feet.
C.
The minimum distance between any dormitory and any interior driveway
shall be 25 feet.
D.
The maximum height of any dormitory shall be two stories or 25 feet,
whichever is less.
E.
No dormitory room or dwelling unit shall be permitted in any cellar.
F.
All dormitories shall be equipped with sprinkler and fire alarm systems
in accordance with the New York State Uniform Fire Prevention and
Building Code.
A.
Hotel and motel units shall not contain kitchen or cooking facilities
of any nature, shall not be used as apartments for nontransient tenants,
shall not contain more than two rooms and shall not be connected by
interior doors in groups of more than two. There shall be no more
than one hotel or motel unit for each 2,500 square feet of site area
exclusive of required setbacks.
B.
Each hotel or motel room shall have an area of at least 300 square
feet. Each hotel or motel unit shall have a bath facility with shower
or bath, one toilet facility and sink. No motel or hotel building
shall exceed a height of two stories or 28 feet, whichever is less.
Access to all hotel and motel rooms shall be from interior corridors.
C.
Each hotel or motel shall have at least one coffee shop for hotels or motels with no more than 100 rooms. For hotels or motels of over 100 rooms, a restaurant is required and a coffee shop is permitted. Such facilities shall be located within the hotel or motel building and shall be subject to the provisions of § 290-73 of this Article XII.
E.
Each hotel or motel shall have an office and lobby.
F.
Each hotel or motel shall have meeting and/or conference rooms.
G.
All hotels and motels shall be equipped with sprinkler and fire alarm
systems in accordance with the New York State Fire Prevention and
Building Code.
H.
One apartment with or without kitchen facilities for the use of the
hotel or motel manager or caretaker and family within the motel building
is a permitted accessory use.
I.
No parking, other than deliveries, for tractor-trailers.
A.
One stable shall be provided for each horse housed on the site, and
there shall be no stabling of animals or storage or use of manure
or other dust-producing substances within a distance of 200 feet of
any lot line. If outdoor lighting is provided for riding areas, the
applicable setbacks shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
Screening shall be required between such use and any other nonagricultural
use.
Gasoline service stations are conditional uses in NS Districts and subject to the restrictions as set forth in Article III, § 290-9, Use Table, as well as the following standards:
A.
No stations shall be located closer than 200 feet from a school of
general instruction, public recreation area, or church, measured to
the lot lines thereof.
B.
Access points shall be located a minimum of 100 feet from the intersection
of the designated street lines. All accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
C.
Pumps, pump islands and canopies are structures and shall not be
located in any required yards or setbacks, except that the Planning
Board may allow canopies to extend into the setback but not into any
yard. No outdoor display of products not associated with the gasoline
service station use shall be permitted.
D.
Screening. A ten-foot-wide landscaped area shall be provided along
all gasoline service station property lines, excluding the front line,
property lines adjacent to existing commercial uses and access points.
The landscaped area shall be densely planted with a mixture of shrubs,
trees and a fence, not less than six feet high, which will create
an opaque screen. All landscaped areas along property lines which
are crossed by access drives shall be planted with low shrubs no greater
than three feet high and trees with a branching habit which begins
at least eight feet above ground level. Furthermore, planting shall
not interfere with the normal line of sight (350 feet in either direction)
needed for safe entering and exiting maneuvers by motor vehicles.
E.
Maintenance and operation. Due to the extent of land use impacts
from such stations which are a product of exterior operations, the
following requirements shall be made and noted on the site development
plan:
(1)
All vehicles at gasoline service facilities, except for one tow truck,
shall be stored within a building when the facilities are not open
for business. However, licensed vehicles parked for minor repairs
may be left outside for a period not to exceed 72 hours. At no time
shall any unlicensed or dismantled automobiles, trucks, tractors,
trailers or accessories thereof be outside of a building. No car,
truck or trailer rentals shall be permitted.
(2)
There shall not be any outside storage or display of accessories
or portable signs when gasoline service facilities are not open for
business.
(3)
Rubbish, oil cans, tires, discarded motor vehicle parts and components
and any other waste materials may be temporarily stored in a completely
fenced-in, opaque enclosure adjacent to the gasoline service station
building. The area of such enclosure shall not exceed 200 square feet.
There shall be no storage of any of the above mentioned items outside
of such enclosure.
(4)
No repair work may be performed out of doors. This does not preclude,
however, adding oil to motor vehicles, changing windshield wipers
or other similar simple repairs normally performed in conjunction
with the sale of gasoline.
(5)
During the hours that a gasoline service station is open, all cars
of employees and customers and tow trucks must be parked only in areas
designated on the site development plan.
(6)
All landscaped areas designated on the gasoline service station site
development plan and/or landscaping plan shall be maintained in a
neat and healthy condition.
F.
Vehicle sales prohibited. The offering for sale and sale of new or
used motor vehicles is prohibited. This prohibition includes the display
of registered or unregistered vehicles with any "for sale" sign thereon.
G.
Discontinuance of use. In the event a gasoline service station is
abandoned, as determined by the Building Inspector, the owner, lessee
and/or motor-fuel supplier of said gasoline service station shall
immediately remove the tanks, gasoline pumps, all identification signs
and lighting poles. In lieu of removing the tanks, said owner and/or
lessee shall remove the flammable liquids therefrom and fill all tanks
with water for a three-month period only, and thereafter with a solid
material. The owner and/or lessee shall also provide adequate protection
against unlawful entry into the buildings and onto the property and
shall close all vehicular entrances to the property to prevent the
storage of abandoned vehicles thereon.
A.
The Planning Board may permit camps, day camps, and recreational
facilities upon terms and conditions limiting the periods of operation.
(1)
Access to such facilities shall be limited to improved state, county,
town or village roads shown as major roads on the Official Map. Such
facilities shall be adequate to preclude the necessity of pedestrian
traffic outside the approved facility, except for travel within a
state or county park or parkway.
(2)
Camps and day camps may include such structures as tent stands, provided
that no heating or plumbing facilities are installed that permit residential
year-round occupancy. Covenants precluding such occupancy shall be
recorded in the County Clerk's office:
(3)
Camps and day camps shall not be deemed to include any trailer or
recreation vehicle campers' facilities, nor shall accommodations of
any sort be offered for transient or overnight camping.
B.
Swimming clubs or swimming pools, other than private residential
swimming pools, shall be classified and located as follows:
|
Type of Pool
(Class)
|
Maximum Area
(square feet)
|
Minimum Setback from any Property Line
(feet)
|
|---|---|---|
|
A
|
Over 3,500
|
200
|
|
B
|
Over 2,500
|
175
|
|
C
|
Over 1,500
|
150
|
|
D
|
1,500 or less
|
100
|
D.
Lighting. If outdoor lighting is provided for any of the foregoing
recreational facilities, including swimming pools, which permits use
of the facilities after 10:00 p.m., the applicable setback requirements
for such facility shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
E.
Noise. A public-address system or any other amplified noises are
prohibited.
F.
Parking. All parking areas and spaces shall have dustless surfaces.
G.
Enclosed buildings. All facilities, such as casinos and recreational
halls, shall be located within completely enclosed buildings.
The standards for senior citizen housing developments shall
be as follows:
A.
It shall be the duty of the owner or his agent to file a certification
with the Building Inspector indicating compliance with this chapter's
requirements relating to the number of occupants and the age of the
occupants in each dwelling unit. Such certification shall be filed
no later than January 15 of each year.
B.
No more than 15% of the dwelling units shall be two-bedroom units.
No dwelling unit shall contain more than two bedrooms, except that
one dwelling unit for each superintendent may be provided which shall
consist of no more than three bedrooms.
C.
Except for the superintendent and family, the occupancy of a senior
citizen housing development shall be limited to:
(1)
Persons who qualify as senior citizens under present, future or amended
definitions of a governmental agency providing subsidy or support
to the project; or
(2)
Families, the head of which so qualifies, except that occupancy of
a dwelling unit by a family, the head of which is younger than a senior
citizen, shall be permitted if it is established that the presence
of such person is essential for the physical care of an eligible occupant;
or
(3)
Persons who are 55 years of age or older.
D.
Within the senior citizen housing development, certain related ancillary
facilities may be permitted, either in a separate building or in combination
with dwelling units, such as cafeterias, self-service laundries, lounges,
game rooms, workshops or medical infirmaries, only to the extent that
they meet the needs of the occupants of the development. Such facilities
shall be subordinate to the residential character of the development
and shall be located out of public view with no outside advertising.
Such facilities shall be expressly approved by the Village Board.
Approval of a special permit and site development plan for dwelling
units in a senior citizen housing development in no way constitutes
approval for installation of any type of related facility.
E.
The gross site density shall not exceed 20 units per acre.
F.
The development coverage shall not exceed 40%, including buildings,
walks, parking areas and driveways. Parking areas above the ground
floor, if any, within a building shall not be counted in computing
said coverage. Building coverage shall not exceed 20%.
G.
The maximum building height shall be 35 feet or two stories, whichever
is less.
H.
The minimum distance between detached buildings shall be 50 feet.
I.
Suitably equipped and adequately maintained recreation and open space
shall be provided. Group sitting areas shall be well-defined by walls,
fences, hedges or other plantings designed to impart a sense of containment
or security and to provide group privacy.
J.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to such items as handrails and ramps. Such facilities shall
be adequately lighted, and said lighting shall not be directed on
adjacent streets or properties.
K.
Central refuse collection areas shall be located for the convenience
of all units. They shall be supplied with an adequate number and type
of covered receptacles and shall be provided with proper screening
and maintenance.
L.
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (Article VII, § 290-28A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.
M.
The required side and/or rear yard may be decreased to 10 feet where
abutting another senior citizen housing development.
Automobile sales and service agencies for the sale and servicing
of new and used motor vehicles, accessories and customary accessory
uses may be permitted, provided that such agencies are franchised
dealers or factory-owned dealerships of new motor vehicles and that
all operations are conducted from the same site and subject to the
following requirements:
A.
No such facility shall be closer than 500 feet (measured along the
designated street line) to any residential district boundary, institutional
or nonprofit use or school of general instruction. Such use may be
permitted within 100 feet of a residential district along a rear lot
line.
B.
The display area for vehicles shall not exceed 110 feet, extending
between the front yard line and principal building, and not more than
10 vehicle display spaces shall constitute a display group, with each
group being separated by significant landscape elements.
C.
The lighting level shall not exceed three footcandles within a display
area, and no banners, pennants and string flags are permitted. No
signs, including numbers, prices or other advertising message, shall
be displayed so as to be visible to the public right-of-way, except
display window area pursuant to the site development plan rules and
regulations.
D.
All motor vehicle storage, other than the display area and customer
parking, shall be fully fenced and screened from the side and rear
property lines. All other accessory uses, including servicing, shall
be conducted within fully enclosed structures. Gasoline service, if
provided, shall be located to the rear of the principal building.
Oil and gasoline storage shall be solely in underground tanks.
E.
Where the use involves display or sales of recreational vehicles,
with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial
vehicles, such as buses or tractors, the Planning Board shall increase
the applicable yards by a factor computed on the basis of the vehicle
height divided by five feet six inches.
A.
No dwelling unit shall contain more than two bedrooms, except that
one dwelling unit for a superintendent may be provided which shall
consist of no more than three bedrooms.
B.
Except for the superintendent and family, the occupancy of a housing
development for the physically handicapped shall be limited to single
persons who qualify as physically handicapped under present, future
or amended definitions of the governmental agency providing subsidy
or support to the project (Federal Department of Housing and Urban
Development, New York State Division of Housing and Community Renewal
or similar or successor agencies of the federal or state government)
or to families, the head of which so qualifies, except that occupancy
of a dwelling unit by a family, the head of which is not physically
handicapped, shall be permitted if it is established that the presence
of such person is essential for the physical care of an eligible occupant.
C.
Within the housing development, certain related accessory facilities
may be permitted either in a separate building or in combination with
dwelling units, such as cafeterias, self-service laundries, lounges,
game rooms, workshops or medical infirmaries, only to the extent that
they meet the needs of the occupants of the development. Such facilities
shall be subordinate to the residential character of the development
and shall be located out of public view with no exterior advertising.
Such facilities shall be expressly approved by the Village Board.
Approval of a special permit and site development plan for dwelling
units in a housing development for the physically handicapped in no
way constitutes approval for installation of any type of related facility.
D.
The gross site density shall not exceed 10 units per acre.
E.
The maximum building height shall be 15 feet or one story.
F.
The minimum distance between detached buildings shall be 1 1/2
times the taller building.
G.
Suitably equipped and adequately maintained recreation and open space
shall be provided. Group sitting areas shall be well-defined by walls,
fences, hedges or other plantings designed to impart a sense of containment
or security and to provide group privacy.
H.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to the needs of the physically handicapped; such facilities
shall be adequately lighted, and said lighting shall not be directed
on adjacent streets or properties.
I.
Facilities for refuse disposal shall be provided for all dwelling
units. Central collection areas shall be maintained and conveniently
located for all groups of units. The collection areas shall be properly
screened and supplied with all covered receptacles required for tenant
use.
J.
All parking areas, driveways, recreation areas and refuse collection
areas shall be no closer than 10 feet to any building or lot line,
and any swimming pool shall be no closer than 30 feet to any building
and 50 feet to any lot line; these dimensions may be reduced by the
Planning Board upon site development plan approval where local conditions
warrant. Such areas between said facilities and lot lines shall be
landscaped with suitable screening.
K.
The front yard depth may be reduced by the Planning Board upon site
development plan approval where local conditions warrant and substitute
measures are provided for the protection of neighboring properties.
A.
Restaurants in PO Zones are permitted only as accessory uses to a
use permitted by right, subject to the following supplemental requirements:
(1)
The restaurant shall be entirely enclosed within a principal building
on the lot and shall not occupy more than 25% of the gross floor area
of said building.
(2)
Not more than one restaurant shall be permitted on a lot.
(3)
The restaurant shall not be a drive-in or drive-through or other
fast-food-type facility.
(4)
There shall be no exterior display or exterior advertisement of the
restaurant on the lot except for such signs as may be approved by
the Planning Board.
(5)
No amplified music nor video games shall be permitted within the
restaurant.
(6)
The Planning Board shall require, as part of site development plan
review, such acoustical materials to be installed as may be necessary
to limit noise levels emanating from the restaurant in order to protect
the quiet enjoyment of other users of the building.
(7)
See the Table of General Use Requirements, included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
The Planning Board shall require, as part of site development plan
review, such filtration or other systems as may be necessary to limit
the emission of odors emanating from the restaurant.
(9)
The Planning Board shall require, as part of site development plan
review, the placement and manner of storage of garbage so as to be
rodent- and vermin-free and nonodorous.
(10)
The restaurant shall not be cafeteria-style nor provide food-counter
service. Table waiter/waitress service shall be provided.
(11)
The restaurant shall comply with all federal, state, county
and local laws, rules and regulations governing the operation of such
facilities.
(12)
The Planning Board shall consider, as part of site development
plan review, the following:
(13)
Special permits for restaurant uses shall expire automatically
upon a change in use or ownership of the restaurant.
B.
Restaurants in NS Districts shall be subject to the following supplementary
requirements:
(1)
The restaurant(s) shall be fully enclosed within a building.
(2)
All lighting shall be located so as not to be visible at the source
from any adjoining property.
(3)
The restaurant shall not be a drive-in or other fast-food-type facility.
(4)
There shall be no exterior display or exterior advertisement of the
restaurant on the lot except for such sign as may be approved by the
Planning Board.
(5)
No amplified music nor video games shall be permitted within the
restaurant.
(6)
The Planning Board shall require, as part of site development plan
review, such acoustical materials to be installed as may be necessary
to limit noise levels emanating from the restaurant in order to protect
the quiet enjoyment of other users of the property or adjoining properties.
(7)
See the Table of General Use Requirements, included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
The Planning Board shall require, as part of site development plan
review, such filtration or other systems as may be necessary to limit
the emission of odors emanating from the restaurant.
(9)
The Planning Board shall require, as part of site development plan
review, the placement and manner of storage of garbage so as to be
rodent- and vermin-free and nonodorous.
(10)
The restaurant shall comply with all federal, state, county
and local laws, rules and regulations governing the operation of such
facilities.
(12)
Special permits for restaurant users shall expire automatically
upon a change in use or ownership of the restaurant.
[Amended 7-21-2022 by L.L. No. 7-2022]
B.
The Planning Board shall consider the proposed size, color, proportion
and illumination of each sign in relation to the building on which
it is proposed to be located, visibility from the street, and effect
on nearby properties, particularly residentially zoned or used properties.
Food sales and service establishments shall be subject to the
following supplementary requirements:
A.
The food sales and service establishment shall be entirely enclosed
within a building.
B.
No single food sales and service establishment shall be more than
2,500 square feet in area.
C.
No food sales and service establishment shall have a drive-in, walk-up
window, or other fast-food-type feature.
D.
There shall be no exterior display or exterior advertisement of the
food sales and service establishment on the lot except for such sign
as may be approved by the Planning Board.
E.
No amplified music nor video games shall be permitted within the
food sales and service establishment.
F.
The Planning Board shall require, as part of site development plan
review, such acoustical materials to be installed as may be necessary
to limit noise levels emanating from the food sales and service establishment
in order to protect the quiet enjoyment of other users of the property
or adjoining properties.
G.
See the Table of General Use Requirements, included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
The Planning Board shall require, as part of site development plan
review, such filtration or other systems as may be necessary to limit
the emission of odors emanating from the food sales and service establishment.
I.
The Planning Board shall require, as part of site development plan
review, the placement and manner of storage of garbage so as to be
rodent- and vermin-free and nonodorous.
J.
The food sales and service establishment shall comply with all federal,
state, county and local laws, rules and regulations governing the
operation of such facilities.
L.
All lighting shall be located so as not to be visible at the source
from any adjoining property.
M.
Trash receptacles shall be provided within the establishment and
near the entry door(s) outside the establishment.
[Added 7-21-2022 by L.L. No. 8-2022]
Cannabis establishments for retail sales only are permitted
with a special permit and subject to the following supplementary requirements:
A.
Cannabis establishments shall be licensed through the Marijuana Regulation
and Taxation Act of New York State (MRTA).
B.
The New York State Marijuana Regulation and Taxation Act (MRTA) in
its entirety is hereby adopted and incorporated herein by reference
for the purposes and regulations set forth therein and as it may be
amended from time to time.
C.
All requirements of the MRTA must be satisfied as set forth in the
MRTA, including, but not limited to, the notice requirement to the
Village Clerk at least 30 days prior to the submission of an adult-use
retail dispensary license pursuant to MRTA § 76 and thereby
allowing the Village to submit an opinion for or against the granting
of the license.
D.
All activities associated with a cannabis establishment as defined
shall be conducted indoors.
E.
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances must be provided at all times.
F.
The lot on which a cannabis establishment is located shall not be
located within 500 feet of the lot line of any schools or houses of
worship, as defined in this chapter, or within 500 feet of any residentially
zoned areas or public recreation areas.
G.
Neon lighting and/or signage shall be prohibited.
H.
The Planning Board may require additional landscaping or other suitable
screening from adjacent properties, increased lighting, limits on
hours of operation, or any other applicable additional requirements
consistent with the surrounding land uses, to ensure safe operation
and reduce potential conflicts.
A.
There shall be no outside animal runs or kennels nor shall any animal
be walked or exercised out of doors.
B.
All buildings in connection with the use shall be constructed of
such materials that no sound shall penetrate outside the building
walls, and all operations in connection with the use shall be in completely
enclosed buildings.
C.
No building entrance shall face any residential district.
D.
No parking shall be permitted in any yard or setback adjacent to
any residential district.
E.
Animal noise and odors shall not be permitted outside the buildings.
F.
Animal hospitals shall not be permitted as part of the use.
G.
All windows in the dog kennel areas shall be nonoperable.
H.
All refuse and fecal matter shall be disposed of off-premises and
in compliance with all laws, rules and regulations of the applicable
governmental agencies.
I.
The use shall comply with all rules and regulations of the Health
Department and all agencies having jurisdiction.
J.
All buildings shall be sprinklered and the facility shall comply
with all requirements of the Village Fire Inspector and the appropriate
fire department.
Any new construction or addition or expansion to an existing
public utility building and/or structure shall be subject to the following
supplementary requirements.
A.
Towers, antennas and similar structures operated by a public utility,
including personal wireless service facilities.
(1)
Applicant shall provide proof satisfactory to the Board of Trustees
that it is a public utility, as defined in this chapter.
(2)
Applicant shall provide proof satisfactory to the Board of Trustees
that there is a public necessity for the siting of a new public utility
building and/or structure or for the expansion or addition to an existing
building or structure.
(3)
All such structures shall be required to co-locate on existing similar
structures within the Village of Chestnut Ridge or within adjacent
municipalities unless the public utility provides, by a preponderance
of proof satisfactory to the Board of Trustees:
(a)
That such co-location will not provide adequate service to a
reasonable number of persons and/or properties within the Village
of Chestnut Ridge; or
(b)
That the structural capacity of the existing structures are
insufficient to permit such co-location and that the cost of reinforcing,
modifying or replacing the existing structures is greater than the
cost of the proposed new structure; or
(c)
That such co-location would cause interference materially impacting
the usability of existing or proposed antennas and that the cost of
preventing such interference is greater than the cost of the proposed
new structure; or
(d)
That the existing structures cannot accommodate the proposed
structure at a height necessary to provide adequate service to persons
and/or property within the Village of Chestnut Ridge; or
(e)
Other unforeseen reasons that make it infeasible to co-locate
the proposed structure upon an existing facility.
(4)
A special permit granted for co-location on an existing public utility
building or structure shall supersede the requirement for site development
plan approval or variances. All such applications shall be referred
to the Village Community Design Review Committee and to the Chairperson
of the Planning Board for comment and recommendation.
(5)
Any proposed new building and/or structure that is unable to co-locate
as set forth above shall be designed structurally, electrically and
in all respects to accommodate additional users, to allow for future
rearrangement of antennas and to accept antennas mounted at varying
height.
(6)
Any proposed new building and/or structure that is unable to co-locate
as set forth above shall be sited in a location and on a property
to be determined by the Board of Trustees. No other location or property
shall be used for such siting unless the applicant submits proof to
the satisfaction of the Board of Trustees of the following:
(a)
That the owner of such property is unwilling to lease or sell
such property or a portion thereof to the applicant at a reasonable
cost based upon general market conditions and industry-wide standards;
or
(b)
That the topography or other features of such property does
not permit the proposed construction and/or use and that the cost
of accommodating such proposed construction or use is not reasonable;
or
(c)
That the siting of the structure on such property or in such
location will not provide adequate service to a reasonable number
of persons and/or properties within the Village.
(7)
Any special permit granted herein shall require the operator of the
facility to provide shared use of the facility to other public utilities
and shall commit such operator to:
(a)
Respond in a timely manner to a request for co-location;
(b)
Negotiate in good faith concerning future requests for shared
use of the structure by other public utilities;
(c)
Allow shared use of the structure and, upon the request of the
Board of Trustees, permit co-location by emergency services without
cost.
(8)
Applicant shall certify that the functions of the public utility
structure and appurtenances will not interfere with radio or television
service or personal communications service enjoyed by residents and
commercial properties within the Village nor with public safety communications.
Any interference, disruption of signal or reception of radio, television
or wireless communication services shall be remedied within 24 hours
after notification thereof to the owner or operator of the building
or structure except that interference with safety communications shall
be remedied within six hours.
(9)
Applicant shall certify annually that it is in compliance with rules
and regulations of the FCC with respect to environmental effects of
radio frequency emissions and with other health and safety standards
promulgated by the FCC.
(10)
Applicant shall certify that it is in compliance with the requirements
of the FAA with respect to illumination and distinctive painting,
if applicable. No illumination of the structure shall be permitted
unless required by the FAA or as approved by the Planning Board at
site development plan approval.
(11)
Applicant shall certify at least once at least every three years
that the facility is structurally sound and is not a danger to neighboring
properties.
(12)
The use of the building or structure for signs other than as
approved by the Chestnut Ridge Planning Board is prohibited. An identification
sign, not larger than six square feet, shall be placed on the exterior
of the structure not higher than six feet above grade to the top of
the sign. Such sign shall contain the name of the owner and a twenty-four-hour
telephone number for emergency purposes.
(13)
The use of guyed towers is prohibited. Towers shall be self-supporting
without the use of wires, cables, beams or other means. The design
shall utilize an open framework or monopole configuration, at the
discretion of the Planning Board.
(14)
The exterior of the building or structure shall be camouflaged
so as to blend into the surrounding environment through the use of
color and architectural treatment, subject to approval of the Architectural
Review Board.
(15)
Noise-producing equipment shall be sited and/or insulated to
prevent any measurable increase in noise as measured at the property
line.
(16)
Appropriate landscaping and/or fencing of the building and/or
structure shall be provided for aesthetic and safety purposes and
to prevent access to the facility by other-than-authorized personnel
or governmental agencies. In no event shall there be a vertical separation
of less than 30 feet from the base elevation of the tower to the first
climbing rung or elevating ladder thereon.
(17)
Any special permit granted herein shall automatically be revoked
if any of the following shall occur:
(a)
Nonuse of the building and/or structure for its intended purpose
for a continuous period of six months or longer. In such case, the
building and/or structure, including foundations, towers, antennas
and other appurtenances, shall be removed from the site within nine
months from the first day of such nonuse. In the event the owner of
such building and/or structure fails to remove such building and/or
structure within such nine-month period, the Village shall have the
right but not the obligation to effect such removal and to charge
the cost thereof against the property on which it is situated as a
tax lien, after providing the owner of the property with an opportunity
to be heard with respect to such lien;
(b)
Transfer or assignment of the operation of the facility without
first obtaining the approval of the Board of Trustees;
(c)
Loss of license or permit from any governmental agency having
jurisdiction;
(d)
Failure to comply with any requirement of this chapter of the
Code of the Village of Chestnut Ridge, with the conditions of the
special permit or with an approved site development plan.
B.
All other public utility buildings and/or structures.
(1)
Applicant shall provide proof satisfactory to the Board of Trustees
that it is a public utility as defined in this chapter.
(2)
Applicant shall provide proof satisfactory to the Board of Trustees
that there is a public necessity for the siting of a new public utility
building and/or structure or for the expansion or addition to an existing
building or structure.
(3)
The use of the building or structure for signs other than as approved
by the Chestnut Ridge Planning Board is prohibited. An identification
sign, not larger than six square feet, shall be placed on the exterior
of the structure, not higher than six feet above grade to the top
of the sign, containing the name of the owner and a twenty-four-hour
telephone number for emergency purposes.
(4)
Noise-producing equipment shall be sited and/or insulated to prevent
any measurable increase in noise as measured at the property line.
(5)
Appropriate landscaping and/or fencing of the building and/or structure
shall be provided for aesthetic and safety purposes and to prevent
access to the facility by other than authorized personnel or governmental
agencies.
(6)
Any special permit granted herein shall automatically be revoked
if any of the following shall occur:
(a)
Nonuse of the building and/or structure for its intended purpose
for a continuous period of six months or longer. In such case the
building and/or structure, including foundations and other appurtenances
thereto shall be removed from the site within nine months after the
first day of such nonuse. In the event the owner or operator of such
building and/or structure shall fail to remove such building and/or
structure within said nine-month period, the Village shall have the
right but not the obligation to effect such removal and to charge
the cost thereof to the property on which it is situated as a tax
lien, after giving timely notice thereof to the owner of the subject
property.
(b)
Transfer or assignment of the operation of the facility without
first obtaining the approval of the Board of Trustees.
(c)
Loss of license or permit from any governmental agency having
jurisdiction.
(d)
Failure to comply with any requirement of this chapter of the
Code of the Village of Chestnut Ridge, any condition of the special
permit or with an approved site development plan.
[Amended 7-21-2022 by L.L. No. 7-2022]
Landscape contractors shall be permitted in the LO and PILO
Zoning Districts subject to conditional use approval and subject to
the following additional conditions:
A.
No equipment shall be parked or stored out of doors. Equipment shall
include but not be limited to mowers, snowplows, bobcats, wood chippers,
compressors, backhoes, front-end loaders, forklifts, etc.
B.
Vehicles shall not be permitted to idle on site for more than five
minutes.
C.
Any noise in excess of 60 decibels generated in the operation of
the business or due to the use of vehicles or equipment shall be contained
so as not to be audible across property lines.
D.
Outdoor storage of materials, mulch, leaves, yard waste, debris or
similar items used in connection with the business shall be prohibited.
E.
No unlicensed or dismantled vehicles shall be parked or stored out
of doors nor shall any vehicles or equipment be repaired or serviced
out of doors.
F.
Landscape contractors shall maintain an office for the operation
of its business on the lot. Such office shall be a minimum of 200
square feet.
G.
All vehicles and/or equipment not required to be parked or stored
indoors shall be parked or stored in an area designated on the site
development plan and adequately screened so as not to be visible from
any street or adjoining property.
H.
The Planning Board shall require sufficient landscaping to be installed
and maintained to screen the use from adjoining properties and from
the street.
I.
The Planning Board may require the site or any part thereof to be
screened with a six-foot-high solid fence. A solid, self-closing gate
shall be provided and closed after each entry and exit to and from
the site. The gate shall be locked at night. The fence design shall
be subject to approval by the Planning Board.
J.
No material shall be stored at a height in excess of six feet nor
stored in such manner as to be visible from a residential zoning district
or property used for residential purposes or from the street.
K.
Storage of materials, such as, but not limited to, gravel, sand,
stone, brick, pavers, and railroad ties, shall be in the rear of the
property only, but not in any required yard.
L.
No debris or material from job sites or from demolition shall be
brought to the site or stored on the site or stored in any vehicles
on the site. Such debris or material shall include but not be limited
to concrete, stone, paving materials, asphalt, masonry materials,
wood, brick, metals, branches, leaves, yard waste or mulch.
M.
No chipping, mulching and/or woodcutting activities, including splitting
trees or branches into firewood, shall be permitted on site nor shall
firewood storage or sales be permitted on site.
N.
The storage of diesel fuel, gasoline or biodiesel in aboveground
or underground storage tanks shall be prohibited. Only the use of
state-approved gasoline or diesel cans not exceeding five gallons
may be stored for daily use.
O.
There shall be no operation between 9:00 p.m. and 7:00 a.m. except
for office operations and snowplowing operations during the winter
months.
P.
Hours of operation at the site other than snowplowing operations
shall begin not earlier than 7:00 a.m. and shall end not later than
9:00 p.m. on each workday.
Q.
Landscape contractors shall not be permitted on any lot that abuts
adjoins and/or is adjacent to or across the street from, a residential
zoning district nor within 200 feet of the perimeter of any property
within said residential zoning district.
R.
There shall be no odors emanating from the site nor detectable across
any property line.
S.
Storage of materials which could be hazardous to the environment,
such as chemicals, road salt and others, shall be stored in a manner
to ensure that they will not impact on the environment. Method of
storage shall be subject to approval of the County Department of Health,
Fire Inspector or other governmental agencies having jurisdiction
and the Planning Board.
A.
There shall be a minimum lot area of 75,000 square feet in the NS-zoned
portion of the property.
B.
No dwelling units shall be allowed in a basement.
C.
Assisted living units shall not contain cooking facilities. Units
shall not be used as apartments for transient tenants; units shall
not contain more than two bedrooms, a separate living area and bathroom
and shall not be connected by interior doors in groups of more than
two.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
All assisted living units shall have access through interior corridor
only.
E.
An ALR shall not exceed a height of 25 feet or two stories, whichever
is less.
F.
Bath facilities, which include a shower or bath and one toilet, may
be shared by no more than two assisted living units.
G.
The ALR shall provide a main kitchen, dining, recreational/exercise,
therapeutics and personal care areas. Any outdoor sitting areas or
walking paths shall be well-defined by walls, fences, hedges or planting
designed to impart a sense of containment or security and to provide
group privacy.
H.
A small staff kitchen/dining area is permitted.
I.
The minimum distance from the facility to any interior driveway/parking
area shall be 15 feet from an assisted living unit bedroom.
J.
Parking standards shall conform to General Use Table.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
K.
The number of assisted living units shall not exceed 30 per acre
of the NS-zoned land.
L.
Within the facility, certain accessory uses are permitted, such as
laundry and medical infirmary, only to the extent that they meet the
needs of the residents of the facility.
M.
The residence shall provide adequate lighted driveways and parking,
and said lighting shall not be directed on adjacent streets or properties.
N.
Parking and driveways shall be landscaped with suitable screening.
O.
The front yard depth may be reduced by the Planning Board upon site
development plan approval where local conditions warrant.
P.
Small pantry areas with a sink, microwave oven and refrigerator are
permitted in the common areas for use by residents and guests.
Q.
Loading facilities shall be determined by the Planning Board.
R.
Walking paths may be permitted in required side and rear yards; sitting
areas may be permitted in required side and rear setbacks.
[Added 2-21-2019 by L.L.
No. 1-2019]
A.
The building containing the residential gathering place shall comply
with all requirements of all applicable building and fire prevention
codes of New York State and this chapter of the Code of the Village
of Chestnut Ridge. Residential gathering places that meet the standards
for an area of public assembly under the New York State Uniform Fire
Prevention and Building Code shall be required to undergo fire safety
and property maintenance inspections, pursuant to 19 NYCRR Part 1203
regulations.
B.
The maximum number of nonresident persons using the residential gathering
place at any time shall be determined either by dividing the net lot
area by 500 square feet per person, or by the maximum number calculated
according to the definition of "residential gathering place" in this
chapter, whichever is less.
C.
No more than two rooms, containing a maximum of 50% of the gross
floor area of the structure, may be used for the residential gathering.
D.
Notwithstanding any other provisions of this chapter, only those
accessory uses permitted as of right to a one-family detached residence
shall be allowed at a residence with a residential gathering place.
All other accessory uses shall be prohibited, including but not limited
to administrative offices, social halls, bath and shower facilities
other than those dedicated for use by the residents of the principal
residential use, gymnasiums, indoor recreation facilities, schools,
and classrooms. Where such accessory uses are proposed, the use shall
no longer be considered for issuance of conditional use permit for
a residential gathering place under this article, and the application
for a conditional use permit shall be denied.
E.
The residential gathering place shall be located in a one-family,
detached residence on a conforming lot or on an existing, legally
nonconforming lot of record which conforms with at least 80% of the
minimum lot area requirement and at least 80% of the minimum lot width
requirement for one-family detached dwellings in the district in which
it is located. The residential place of worship will conform with
all other bulk standards for a one-family detached dwelling in the
district in which it is located, except the maximum development coverage
shall be 10% more than is permitted for one-family detached residences
in the same zoning district. The additional development coverage permitted
shall only be utilized for the provision of on-site parking. (For
example, a one-family detached residence in the RR-50 District is
subject to a 20% development coverage limit. If a conditional use
permit for a residential gathering place is approved, the maximum
development coverage would be increased to 30%.)
F.
The required number of parking spaces for a residential gathering
place shall be determined by Column F of the Table of General Use
Requirements.[1] Up to 50% of required parking spaces may be provided on
off-site parking facilities on private property, including residential
driveways in the same or different ownership, within 1,500 feet walking
distance of the periphery of the lot on which the residential gathering
place is located. On-street parking spaces shall not be used to meet
the parking requirements of this chapter. Off-site parking for a residential
gathering place shall only be authorized where all of the following
conditions are met:
(1)
A letter from the record owner of the off-site facility shall be
provided, indicating consent to use the parking facilities and the
number of vehicles authorized.
(2)
Under no circumstances shall parking be located off-site when the
proposed residential gathering place is located on a frontage street
with a travelled way width of less than 30 feet, or where the Planning
Board finds that such parking would result in unsafe conditions.
(3)
Off-site parking on residential lots shall conform to the requirements of Article VII, and shall not reduce the parking provided for the principal residence below the minimum requirements in Column F of the Table of General Uses.
(4)
If permission to use the off-site facility is withdrawn, the permittee
shall notify the Building Inspector within 72 hours or be in violation
of this conditional use. New letters of permission shall be submitted
at the time of each permit renewal.
(5)
Off-site parking shall only be permitted where the Village Board
of Trustees adopts a local law to restrict on-street parking to only
one side of the frontage street within 750 feet of the entrance of
the residential gathering place, to ensure adequate passage of traffic
and emergency vehicles. Signage indicating "no parking on this side
of street" shall be installed at the expense of the applicant, and
with the approval of the Village Board and the Town of Ramapo Police
Department.
[1]
Editor's Note: The Table of General Use Requirements is included as an attachment to this chapter.
G.
No parking lot spaces or loading areas accessory to the residential
gathering place shall be permitted between the structure and any street
line on which the property fronts, although a driveway shall be permitted.
H.
All outdoor lighting shall be shielded in a manner to direct lighting
away from adjacent properties and the public street. Exterior lighting
shall be limited to the minimum requirements by code for safety, and
in no event shall exceed 0.1 candle lumens at the property line.
I.
Architectural Review Board approval shall be required to ensure that
all structures shall be in character with the surrounding neighborhood,
and be of similar design aesthetic to a one-family detached residence.
J.
The Planning Board shall require adequate screening in the required
rear and side yards, to protect the character and compatibility of
adjacent uses. Screening can consist of a wall, fence and/or plantings
as approved by the Planning Board.
K.
No regularly scheduled use of the residential gathering place may be held between the hours of 12:00 a.m. and 6:00 a.m., unless a bulk variance is obtained from the Zoning Board of Appeals, pursuant to the procedures and standards of Article XV, § 290-104C(1). For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.
L.
No space within the residential gathering place may be rented or
utilized for meetings or functions not directly convened or hosted
by the residents of the principal one-family detached residence.
M.
One building-mounted or mailbox hang sign is permitted with no greater
than 1.5 square feet on each facing. The sign may contain text in
a language other than English, but shall contain English language
characters and text to the extent necessary for public safety and/or
to aid in the dispatch of emergency services. The appearance and lighting
of the sign, if necessary, shall be approved by the Planning Board.
N.
Use of any outdoor areas of the property shall be limited to parking
and passive recreational use only, which may include a small jungle
gym for children, benches and picnic tables.
O.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the residential gathering place from adjacent residential properties,
outdoor lighting, and other conditions of use of the residential gathering
place as, in the judgment of the Board, are necessary for the residential
gathering place to be able to operate in a manner that is consistent
with public safety and neighborhood character.
P.
No cooking facilities will be permitted, other than residential cooking
facilities accessory to the principal one-family detached residence.
No catering facilities are permitted within the building, nor in mobile
and/or temporary equipment or vehicles erected or parked outside of
the building or premises.
Q.
A narrative summary shall be submitted, providing the anticipated
number of attendees, square footage of the residential and gathering
spaces, days and hours of gatherings, and number of parking spaces
provided.
R.
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the conditional use permit upon hearing of the Planning Board,
and/or any appropriate enforcement proceeding available under any
local or state law, ordinance or regulation.
[Added 2-21-2019 by L.L.
No. 1-2019]
A.
The building containing the neighborhood place of worship shall comply
with all requirements of all applicable building and fire prevention
codes of New York State and this chapter of the Code of the Village
of Chestnut Ridge.
B.
The maximum number of persons using the neighborhood place of worship
shall be the maximum number that can comply with the building and
fire codes of New York State, as applied to the portion of the structure
containing the religious assembly area.
C.
The maximum square footage of all structures on a lot comprising
a neighborhood place of worship shall be 10,000 square feet.
D.
A neighborhood place of worship may or may not include a single residential
dwelling unit, but occupancy of the unit shall be limited to clergy
and/or their families.
E.
For neighborhood places of worship, the principal use shall be the
holding of regularly scheduled religious services. Accessory facilities
and functions, such as classrooms, social halls, administrative offices,
bath and shower facilities, gymnasiums and indoor recreation facilities,
may be provided, provided such facilities and functions individually
shall not exceed 20% of the building's gross floor area, and in aggregate
shall not exceed 50% of the building's gross floor area. A social
hall may exceed the accessory facilities limitation above in the event
that it is not used concurrently with the primary worship space, but
in no event shall it exceed the area of the primary worship space.
A school of general instruction shall not be considered as an accessory
use to a neighborhood place of worship and will be required to meet
the standards for an additional principal use. No building permit
or certificate of occupancy shall be granted to such accessory use,
building or structure until the building permit and certificate of
occupancy for the principal use or building, respectively, have been
granted.
F.
The required number of on-site parking spaces for a neighborhood
place of worship shall be determined by Column F of the Table of General
Use Requirements.[1]
[1]
Editor's Note: The Table of General Use Requirements is included as an attachment to this chapter.
G.
No parking lot spaces or loading areas accessory to the neighborhood
place of worship shall be permitted between the structure and any
street line on which the property fronts, although a driveway, dropoff
or porte cochere shall be permitted. All loading and delivery areas
shall be located in the rear yard and shall be effectively screened
to a height to eight feet from all adjacent residential properties
and the public street.
H.
All outdoor lighting shall be shielded in a manner to direct lighting
away from adjacent properties and the public street, and in no event
shall exceed 0.1 candle lumens at the property line.
I.
Architectural Review Board approval shall be required to ensure that
all structures shall be compatible with the character of the surrounding
neighborhood.
J.
A minimum ten-foot-wide landscaped area shall be provided along all
property lines, excluding the front line, and access points. The landscaping
shall incorporate plantings, berms, and such other elements as are
necessary to screen the facilities.
K.
Neighborhood places of worship shall not allow use of the facility
by outside groups for public assembly or social gatherings.
L.
No regularly scheduled use of the neighborhood place of worship may be held between the hours of 12:00 a.m. and 6:00 a.m., unless a bulk variance is obtained from the Zoning Board of Appeals, pursuant to the procedures and standards of Article XV, § 290-104C(1). For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.
M.
Where wedding receptions or other social functions are held at the
neighborhood place of worship, attendance shall be limited to the
capacity of the place of worship, as well as the available on-site
parking.
N.
Notwithstanding the standards of Article VIII, only one building-mounted sign is permitted with no greater than six square feet in area. The sign may contain text in a language other than English, but shall contain English language characters and text to the extent necessary for public safety and/or to aid in the dispatch of emergency services.
O.
Use of any outdoor areas of the property shall be limited to parking
and passive recreational use only, which may include a small jungle
gym for children, benches, and picnic tables.
P.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the neighborhood place of worship from adjacent residential properties,
outdoor lighting, and other conditions of use of the neighborhood
place of worship as, in the judgment of the Board, are necessary for
the neighborhood place of worship to be able to operate in a manner
that is consistent with public safety and neighborhood character.
Q.
No cooking facilities will be permitted, other than warming kitchen
equipment for use by the occupants of the neighborhood place of worship
and any kitchen equipment for exclusive use of residents of a residential
dwelling unit. No catering facilities, either located within the building
or in mobile and/or temporary equipment erected or parked outside
of the premises, are permitted.
R.
The neighborhood place of worship shall conform with all bulk standards
as indicated in the use group in the Table of General Use Requirements,
except the maximum development coverage may be exceeded by an additional
10% above the amount indicated for that use group. The additional
development coverage permitted shall only be utilized for the provision
of on-site parking. (For example, a neighborhood place of worship
in the RR-50 District is subject to use group "H," which lists a maximum
20% development coverage limit. If a conditional use permit for a
neighborhood place of worship is approved, the maximum development
coverage would be increased to 30%.)
S.
A narrative summary shall be submitted, providing the anticipated
number of users, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
T.
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the conditional use permit upon hearing of the Planning Board,
and/or any appropriate enforcement proceeding available under any
local or state law, ordinance or regulation.
[Added 2-21-2019 by L.L.
No. 1-2019]
A.
The maximum number of persons using the community place of worship
shall be the maximum number that can comply with the building and
fire codes of New York State and this chapter of the Code of the Village
of Chestnut Ridge.
B.
On-site parking shall be provided according to the Table of General
Use Requirements, Column F. All loading and delivery areas shall be
located at the rear of the building, and may be located in the required
rear yard, and shall be effectively screened to a height to eight
feet from all adjacent residential properties and the public street.
C.
Landscape screening area. A minimum ten-foot-wide landscaped screening
area shall be provided along all property lines, excluding the front
line, and access points. The landscaping shall incorporate plantings,
berms, and such other elements as are necessary to screen the facilities.
D.
A community place of worship may or may not include a single residential
dwelling unit, but occupancy of the unit shall be limited to clergy
and/or their families.
E.
All outdoor lighting shall be shielded in a manner to direct lighting
away from adjacent properties and the public street, and in no event
shall exceed 0.1 candle lumens at the property line.
F.
Architectural Review Board approval is required, and all structures
shall be in harmony with the character of the neighborhood and community.
G.
For community places of worship, the principal use shall be the holding
of regularly scheduled religious services. Accessory facilities and
functions, such as religious schools, social halls, administrative
offices and indoor recreation facilities, may be provided, provided
such facilities and functions shall be subordinate in aggregate to
the size and function of the place of worship. A school of general
instruction shall not be considered as an accessory use to a community
place of worship and will be required to meet the standards for an
additional principal use. No building permit or certificate of occupancy
shall be granted to such accessory use, building or structure until
the building permit and certificate of occupancy for the principal
use or building, respectively, have been granted.
H.
Accessory sales of religious items may be permitted entirely within
the building containing the community place of worship.
I.
Where wedding receptions or other social functions are held at the community place of worship, attendance shall be limited to the capacity of the place of worship, as well as the available on-site parking, unless temporary off-site parking is provided according to Subsection L below.
J.
One freestanding monument sign, no greater than 24 square feet in
size and no higher than six feet, shall be permitted. Such sign shall
be set back at least 10 feet from all property lines and drive aisles.
Such sign shall match the architectural style of the principal building
and shall not be internally lit. In addition, one facade or wall sign,
no more than 21 square feet in size, shall be permitted on the front
of the principal building. The sign may contain text in a language
other than English, but shall contain English language characters
and text to the extent necessary for public safety and/or to aid in
the dispatch of emergency services.
K.
Use of any outdoor areas of the property shall be limited to parking
and passive recreational use only, which may include a jungle gym
for children, benches, and picnic tables.
L.
Attendance at any services, wedding receptions or other social or
religious functions held at the community place of worship shall be
limited to the capacity of the community place of worship as determined
by the applicable building and fire prevention codes of New York State,
as well as the available on-site parking, unless a parking management
plan (PMP) is provided. Such events demanding parking in excess of
the on-site parking provided shall require a PMP to be submitted for
approval by the Planning Board as part of the special permit application
establishing a community place of worship, pursuant to the requirements
set forth below. The PMP shall be used to address parking demand during
the maximum projected attendance at the maximum building capacity,
for holy days or other large planned events for the particular place
of worship making the application. Such PMP shall be provided to the
Ramapo Police Department, the applicable fire department and the office
of the Chestnut Ridge Village Clerk. If a PMP is required, as part
of the special permit process the applicant shall address the following:
(1)
Designated off-site parking areas. The applicant shall submit a fully
executed written agreement between the applicant and one or more providers
of a location for off-site parking;
(2)
The applicant shall indicate implementation of group travel to and
from the off-site parking locations by the use of shuttle vehicles;
(3)
The applicant shall use traffic control measures, such as the hiring
of an off-duty police officer and/or volunteers to facilitate pedestrian
flow, as well as on-site and off-site traffic;
(4)
The applicant shall provide a notification processes to notify patrons
of the community place of worship and others regarding the locations
of off-site parking areas to be used;
(5)
The applicant shall indicate a method of pre-event registration to
obtain a ticket before the holiday or event to use the on- or off-site
parking facilities; and
(6)
In the event that off-site parking areas are not available to accommodate
the full capacity of the community place of worship, methods to limit
the number of event attendees to the number of attendees that can
be accommodated in the on-site parking area or at any available off-site
locations by utilization of a pre-event registration system and distribution
of tickets to registered persons that will be submitted upon arrival
at the site on the day of the event.
(7)
Existing community places of worship in existence prior to the adoption
of this chapter shall submit a PMP for large events to the Planning
Board within one year of adoption.
M.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the community place of worship from adjacent residential properties,
outdoor lighting, and other conditions of use of the community place
of worship as, in the judgment of the Board, are necessary for the
community place of worship to be able to operate in a manner that
is consistent with public safety and neighborhood character.
N.
Commercial kitchen and catering facilities are permitted.
O.
A narrative summary shall be submitted, providing the anticipated
number of users, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
P.
Compliance. Failure to comply with any provision of this section
shall be deemed a violation of this chapter, and may result in revocation
of the special permit, and/or any appropriate enforcement proceeding
available under any local or state law, ordinance or regulation.
[Added 2-8-2023 by L.L. No. 2-2023]
B.
Minimum lot area. The minimum lot area required for a PUD shall be 25 contiguous acres. The minimum lot area shall be calculated without regard to the requirements of § 290-14 of this chapter. Nothing herein shall be deemed to prohibit the assemblage of parcels to meet the minimum required lot area.
C.
The PUD Development Site shall be served by municipal water and sanitary
sewer services prior to the issuance of the first building permit
pursuant to the approved PUD Concept plan.
D.
The PUD Development Site shall have direct and usable access to a
New York State or Rockland County Road with a minimum of 100 feet
of street frontage; such point of access shall be located within 0.5
miles of an interchange for an Interstate Highway, as measured along
a New York State or Rockland County Road.
E.
The following bulk standards for the PUD Floating Zone District shall
apply:
(1)
Residential Density: Maximum of seven residential dwelling units
per gross acre of the PUD Development Site.
(2)
Maximum Height (feet): 52 feet for multifamily and mixed-use
structures; 35 feet for single family, two-family, and townhomes.
(3)
Development coverage (percent): 40% of gross acreage.
(4)
Floor Area Ratio (FAR): 0.25 (gross floor area/gross lot area).
F.
Buffers. Buffering from sensitive environmental resources. The PUD zone shall be in conformance with the Village Wetland Code as defined in Chapter 277, except that access roads or driveways may be proposed through such buffer areas where necessary to provide adequate emergency access to the community. Areas within the buffer may be used for active and passive recreational use by residents, unless otherwise prohibited by other laws or regulations.
G.
On-site parking requirements shall be as follows:
|
Residential
| |
|---|---|
|
Apartments (1 BR)
|
1.5 spaces per unit
|
|
Apartments (2 BR to 4 BR)
|
2 spaces per unit
|
|
Townhouses, or two-family houses with up to 4 BR
|
2 spaces per unit
|
|
Single-family houses
|
2 spaces per unit
|
|
Senior Housing (1 BR)
|
1 space per unit
|
|
Senior Housing (2 BR)
|
1.5 spaces per unit
|
|
Senior Housing (3 BR)
|
2.0 spaces per unit
|
|
Visitors
|
Additional 10% added to total parking requirement for all residential
uses, as required above
|
|
Commercial/nonresidential
| |
|
Commercial/nonresidential uses
|
3 spaces per 1,000 square feet of gross floor space
|
H.
Ownership. The land proposed for a PUD may be owned by one or more
persons or entities but shall be combined into a single PUD Site Development.
Separate tax parcels may be merged, modified, or created as part of
the approval process. The application shall be jointly approved and
consented to by all record owners and by any contract vendee(s). Requirements
of approval by the Village Board shall be imposed jointly and severally
on all parties as appropriate under the circumstances. If the land
within the proposed development is to be owned by more than one person
or entity, the Planning Board shall require, as a condition of final
approval, the establishment of a governing regime sufficient to ensure
the safe and efficient functioning of the project as an integrated
development to the satisfaction of the Village Attorney.
I.
Principal uses. Notwithstanding any other provision of this chapter,
nothing herein shall be construed to prohibit more than one principal
use per lot within an approved PUD plan.
(1)
Permitted principal nonresidential uses shall be:
(a)
Offices for professional, governmental and business use.
(b)
Supermarkets, food sales and service establishments.
(c)
Retail pharmacies, banks, apparel stores, variety and stationery
stores, office supply and card stores, newspaper and bookstores and
pickup and delivery stores for dry cleaning.
(d)
Other retail stores and service establishments including package
liquor stores, hardware stores, party supply, toy and hobby stores,
personal service shops dealing directly with consumers (such as barbershops
and beauty parlors, tailor shops), pet shops, photographic studios,
medical diagnostic facilities, restaurants (not including fast-food
restaurants) coffee shops, taverns, bakeries, delicatessens, pizzerias,
ice cream shops, copy and print shops, retail electronic stores, wireless,
cable, media equipment and service stores.
(e)
Shopping centers.
(f)
Community centers, libraries, museums, art galleries and similar
facilities.
(g)
Other retail stores and service establishments such as auto
supply stores (provided there are no sales of heavy equipment or tires),
home appliance stores, jewelry and art shops, home furnishings and
furniture stores.
(h)
Health clubs and spas.
J.
Accessory uses. Accessory uses, related and subordinate to the principal
uses of the PUD, including, but not limited to, storage and maintenance
buildings, recreation buildings and uses, clubhouses, management offices
and utility structures serving the PUD, may be approved by the Village
Board during its review of the conceptual site plan for the PUD.
K.
Residential development standards.
(1)
Building types. Residential units may be contained in mixed-use
buildings, multifamily buildings, townhouses, semiattached houses,
two-family houses, or single-family houses, subject to the conditions
of the approved PUD. A variety of residential unit types and sizes
should be provided, to provide a range of sizes and sales prices.
(2)
An average of no more than 2.75 bedrooms per unit shall be provided
across the entire PUD development site and no more than 25% of all
residential units shall have more than three bedrooms, as a means
of limiting impacts on school resources and providing a diversity
of housing, not currently served by the Village's existing mostly
single-family detached housing supply, which currently provides adequate
options for units with more than three bedrooms per dwelling unit.
(3)
Front-loaded garages shall not project closer to the street
than the balance of the front facade of the structure. Side- or rear-loaded
garages are preferred. but not required.
(4)
Senior housing, At least 20% of residential units shall be restricted
to sale or lease to families where at least one person is over the
age of 55 and no permanent resident is under the age of 18. There
shall be an appropriate means of enforcing and administering the restriction
for a period of no less than 30 years. Senior housing shall comply
with the applicable requirements of the federal Fair Housing Act and
implementing regulations of the United States Department of Housing
and Urban Development.
L.
Commercial development standards.
(1)
Commercial uses can be stand-alone buildings or may be contained
in mixed use building(s). The sum of all gross floor areas of buildings
or portions of buildings devoted to commercial uses shall be a minimum
of 10% and a maximum of 35% of the gross floor area of all buildings
proposed within the PUD Development Site.
(2)
Access. Convenient and practical access shall be provided to
the commercial components of the PUD Development Project from the
residential units on site, integrating them with the nonresidential
uses by roads, sidewalks, bicycle paths, decorative lighting and other
design elements.
(3)
Industrial uses, including, but not limited to, manufacturing,
fabrication, processing, converting, altering, assembling, testing,
or manipulation of the nature of products, and warehouses shall be
prohibited from any PUD District that includes residential uses.
M.
Open space, landscaping, buffers and aesthetics.
(1)
Landscaped open spaces. A minimum of 20% of the PUD Development
Site shall be provided as open space. Within the 20% set aside for
open space, a combination of landscaped spaces for passive and active
recreation, as well as spaces left substantially in their natural
state, shall be provided. The specific uses and configuration of the
open space shall be determined during the PUD site plan approval process.
(2)
A twenty-five-foot deep buffer shall be provided along side
and rear lot lines, along the perimeter of the development that adjoin
existing residential development (or that adjoin residential zones).
The buffer shall consist of natural vegetation augmented with approved
grasses and shrubs, trees and other elements. No parking lots, or
principal or accessory buildings, shall be located in the buffer area.
Driveways, sidewalks, and other accessways giving access to the PUD
and connecting to off-site features, shall be permitted within buffer
areas.
(3)
Visual screening within the PUD Development Site, between adjoining
residential yards and between residences and nonresidential areas,
shall be designed for residents of the PUD through the proper site
design layout. Proper screening using vegetation and/or fencing shall
be provided.
(4)
Buildings and accessory structures shall be consistent with
the character of the Village of Chestnut Ridge. The PUD Development
Site shall be subject to Architectural Review, pursuant to Local Law
12 of 1987, as amended.[2]
(5)
Natural features, such as streams, rock outcrops, topsoil, trees
and shrubs, shall be preserved or replaced and incorporated in the
landscaping plan of the development to the extent practicable.
N.
Site infrastructure and stormwater management.
(1)
Stormwater quantity and quality measures, consistent with state
and Village requirements, shall be applied to any PUD project.
(2)
All electric, telephone, cable television, internet and similar
utility distribution lines shall be installed underground.
(3)
The developer shall provide all necessary fire hydrants, refuse
disposal facilities, water and sanitary sewer facilities, storm drainage,
paved road access, paved parking and loading facilities and off-street
lighting, making reasonable provision for utility service connections
with adjoining properties in other ownerships.
(4)
Parking and loading areas, refuse disposal facilities and other
accessory uses within the PUD development shall be located to be compatible
with nearby residential uses. Such uses shall be adequately screened
and buffered where adjacent to residential development.
(5)
All utilities and drainage facilities shall be built to the
approval of the Village Engineer.
O.
Transportation and traffic.
(1)
The right-of-way and pavement widths for internal roads of the
PUD development site, off of the frontage street, shall be determined
in accordance with sound planning and engineering standards to be
adequate and sufficient in size, location and design to accommodate
the peak hour traffic, parking and loading needs and the access of
firefighting equipment and police or other emergency vehicles. The
pavement of said roads may only be less than 24 feet wide, with the
approval of emergency services providers.
(2)
A Traffic Impact Study (TIS) is required prior to the adoption of a PUD Floating Zone District pursuant to Article XII, § 290-82.1. During the site plan application approval process, the applicant shall commit to any necessary traffic improvements identified in the TIS; and/or funds and land dedications to allow others to provide such improvements, that will be needed to mitigate any moderate or large traffic impacts identified through the SEQR process.
(3)
Sidewalks should be provided along the frontage of the PUD development
site along existing streets, on each side of a any internal street
or parking area where residences or nonresidential buildings are proposed.
Along through streets with no directly adjacent residences, sidewalks
may be provided on only one side.
P.
Governance. The Planning Board may require the creation of an entity
or entities to govern the PUD or discrete portions thereof. Any such
formation documents shall be subject to the review and approval of
the Planning Board's Attorney. Such review shall be limited to
ensuring that the conditions of approval are maintained on an ongoing
basis and shall not include Village approval of any other matters
not directly related to the approval conditions of the PUD. Provisions
shall be included to provide for the Village to enforce compliance
with conditions of approval should the governing entity fail to do
so. In the event that multiple governing entities are proposed, there
shall be a master governing entity of which all subordinate governing
entities are members. Such master governing entity shall be primarily
responsible for interfacing with Village authorities in all matters
affecting the PUD. Nothing herein shall absolve, release, or excuse
any subordinate governing entity or individual unit owner or property
owner from liability or responsibility for his/her/its actions in
violation of Village requirements.
