Town of Wappinger, NY Article VIII Supplementary Special Permit Use Regulations

§ 240-49 Individual standards and requirements for certain special permit uses.

The following individual standards and requirements are hereby established for certain special permit uses. A special permit use or other permitted use subject to additional standards and requirements shall conform to the following individual standards and requirements, where applicable, in addition to all other regulations for the zoning district in which the use is located. When the Town Board is acting as the approving agency, it need only give consideration to and generally be guided by the following standards and requirements.

§ 240-50 (Reserved) [1]

[1] Editor's Note: Former § 240-50, Designed residential development, was repealed 1-23-2023 by L.L. No. 1-2023.

§ 240-51 Mobile home park.

A. Dimensional standards.

(1) Minimum park area. A mobile home park shall have a minimum area of at least five acres, except that existing mobile home parks shall be permitted to increase the number of sites without meeting the minimum acreage requirements for new parks, provided that all other aspects of this chapter are met.

(2) Mobile home density. The maximum number of mobile home lots in a mobile home park shall not exceed the number of one-family dwelling units which, in the opinion of the Town Board, could be permitted under the requirements of the residential zoning district in which the site is located, as determined in accordance with § 240-19B.

(3) Minimum lot area. The minimum lot area for single-wide units shall not be less than 6,500 square feet. The minimum lot area for double-wide units shall not be less than 10,000 square feet. No lot depth for any size unit shall be less than 110 feet. Larger minimum lot dimensions may be required where the Town Board considers the establishment of larger lots necessary to preserve the character of the general area.

(4) Setback requirements.

(a) All structures within any mobile home park, other than the mobile homes, shall be set back from any adjoining public road or property boundary at the normal setback requirements for the district in which it is located.

(b) The minimum setback for any structure shall be 25 feet from mobile home park streets and there shall be a minimum separation of 40 feet between structures on adjoining lots.

(5) Lot markings. Each mobile home lot shall be defined by a permanent corner stake as established by a licensed land surveyor and identified with a permanent marker showing the parcel number corresponding to the approved site plan.

(6) Patio. A paved or hard surface patio area of at least 150 square feet, with a minimum dimension of 10 feet, shall be provided for each mobile home.

B. Transportation.

(1) Park roadways. Construction standards and specifications for all park roadways shall be as set forth in the Town of Wappinger Highway Specifications.[1] The mobile home park management shall own and shall be responsible for the maintenance of such park roadways.

[1] Editor's Note: See Ch. 214, Streets and Sidewalks, Art. V, Highway Specifications.

(2) Access to mobile home lot. Convenient access shall be provided to each mobile home stand for maneuvering the mobile home into position. The access shall be kept free from trees and other immovable obstructions and shall be a minimum width of 12 feet or the width required by current mobile home models plus extra width necessary for maneuvering a mobile home on a curve. The alignment and gradient of such accessway shall be adequate to prevent contact of the undercarriage of the mobile home and shall be safe and easily traversed as determined by the Planning Board.

(3) Walkways. All mobile home parks shall be provided with safe, convenient, all-season pedestrian walkways as determined necessary by the Planning Board to:

(a) Connect individual mobile home sites, park roadways and community facilities.

(b) Provide for pedestrian circulation along all park roadways (minimum width: four feet).

(c) Connect mobile homes to common walks, driveways, parking areas or park roadways (minimum width: three feet).

C. Mobile home stands. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The stand shall provide for practical placement on, and removal from, the lot of the mobile home and retention of the home on the lot in satisfactory relationship to its surroundings. The following specific requirements shall be met:

(1) There shall be a longitudinal gradient between 0% and 5% and an adequate crown or cross-gradient for surface drainage.

(2) The location of each mobile home stand shall be at such elevation, distance and angle in relation to the park roadways and the accessway to the mobile home that placement and removal of the mobile home is practical.

(3) The mobile home stand shall be provided with a minimum of one concrete footer every eight feet for a length of 70 feet. It shall be installed in such a way as to be perpendicular to the I-beam of the home. The minimum length of the footer shall be 12 feet for a single-wide unit lot and 24 feet for a double-wide unit lot. The width of the footer shall be no less than 16 inches and it shall extend below the frost line.

(4) The mobile home stand shall be designed in such a way that it will accept auger-type or other types of anchors which will be able to accommodate both over-the-roof straps and frame straps. All anchors must be able to sustain a minimum tensile strength of 2,800 pounds. It is the stated purpose of this section to provide for adequate tying down, taking into account the lack of uniformity with regard to the placement of straps on the various mobile home models.

(5) Mobile home tie-downs shall comply with ANSI ALL 98.1 for nonhurricane areas with regard to number and placement.

D. Sanitation standards.

(1) Water supply.

(a) The water supply system for the mobile home park shall be connected to a municipally owned water system, and Dutchess County Department of Health approval shall be required for all water supplies. Such connection shall be a condition of the approval of all mobile home parks.

(b) Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe and from cutoff valves.

(2) Sewage disposal. The sewage disposal system for the mobile home park shall be connected to a municipally owned sewer system, and Dutchess County Department of Health approval shall be required for all sewage disposal systems. Such connection shall be a condition of the approval of all mobile home parks.

E. Utility standards. All utility connections, including but not limited to electrical, telephone and gas connections, shall be located underground.

(1) Electrical requirements.

(a) All direct burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or communication lines.

(b) Each mobile home site shall be provided with electrical current of the standard voltage and frequency generally provided in the area.

(c) Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 60 amperes.

(d) Outlet receptacles at each mobile home stand shall be located not more than 25 feet from the over-current protective devices in the mobile home and a three-pole, four-wire, grounding type shall be used unless other grounding types are approved by the Planning Board. Receptacles shall be of weatherproof construction.

(e) All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.

(2) Lighting requirements. Mobile home parks shall be furnished with lighting units so spaced and at such heights to provide illumination for safe pedestrian and vehicular movement at night.

(a) In all parts of the mobile home park road system, an average illumination level of at least 0.8 footcandle and a minimum illumination level of at least 0.3 footcandle shall be maintained.

(b) Potentially hazardous locations shall be individually illuminated with a minimum level of at least 1.0 footcandle where deemed necessary by the Planning Board.

(3) Gas. Each mobile home site provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap and locking device to prevent accidental discharge of gas when the outlet is not in use.

(4) Heating. All service structures, if not conventionally heated, shall be provided with space heating equipment adequate to maintain a temperature of 70° F. inside the building at an outside design condition of -10° F. and shall be subject to the approval of the Building Inspector.

(a) No space heating equipment or portable fuel burning equipment shall be used in any unvented, confined enclosure.

(b) In all service buildings, heating facilities shall be capable of maintaining sufficient hot water for all lavatory and laundry fixtures.

F. Service and storage requirements. All service and/or storage facilities as described in this section shall be appropriately and attractively screened in accordance with a plan approved by the Planning Board and shall be so maintained.

(1) Laundry. A laundry facility with suitable automatic washers and dryers, plumbing, electricity and ventilation shall be provided in a central location unless it is clearly shown to the satisfaction of the Planning Board that such a facility is not necessary for the needs, reasonable convenience or emergency usage by the residents of the mobile home park. The internal finish material of any common laundry facility shall be capable of withstanding frequent washing and cleaning.

(2) Storage of material and equipment.

(a) A concrete slab shall be provided behind the mobile home for the placement of metal sheds by the mobile home owner. This slab shall be of such a size as to allow for a minimum size shed of 10 feet by 10 feet and an additional three feet along the edge of the shed for the placement of garbage containers.

(b) Storage areas shall be maintained to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above ground. Storage shall not be permitted under mobile homes unless it is clearly shown that such storage is necessary and will not provide rodent or insect harborage.

(c) Storage space shall be provided by the mobile home park management for park maintenance materials and equipment.

(3) Liquid petroleum gas storage.

(a) Liquid petroleum gas (LPG) systems, if used, shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Such systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

(b) All LPG piping outside of the mobile home shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.

(c) Liquefied petroleum gas containers installed on a mobile home site shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than 12 nor more than 60 gallons' gross capacity.

(d) No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure, unless such installations are approved by the Dutchess County Department of Health.

(4) Fuel oil storage.

(a) All piping from outside fuel oil storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place.

(b) All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than five feet from any mobile home exit.

(c) Storage tanks located in areas subject to traffic shall be protected against physical damage.

(d) Where safety and economics permit, fuel oil storage tanks shall be placed underground. Approximately a two-hundred-seventy-five-gallon storage facility shall be provided for each mobile home lot where oil heating is used.

(5) Refuse. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident, fire hazards or air pollution.

(a) All refuse shall be stored in fly-tight, watertight, rodentproof containers stored behind the mobile home adjacent to the metal storage shed on the concrete slab so provided. A dumpster shall be provided in each mobile home park to provide for outsized trash, and additional restrictions for refuse storage may be imposed by the Planning Board as part of site plan approval.

(b) Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

(c) All refuse containing garbage shall be collected at least weekly and as necessary to prevent nuisance. Where suitable collection service is not available from municipal or private agencies, the mobile home park management shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.

(6) Recreation area. Where required by the Planning Board as a condition of subdivision plat or site plan approval, not less than 100 square feet per mobile home of the mobile home park area shall be devoted to recreational facilities, which shall be provided in a central location when possible. Where determined necessary by the Planning Board, drinking fountains shall be provided in or near the recreation and service areas and shall have a flow pressure of at least 15 pounds per square inch and shall meet the standard requirements of the Town Recreation Commission.

(7) Fire protection. Mobile home park site plans and service building plans shall be subject to the review and approval of the Board of Fire Commissioners.

(a) Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.

(b) Portable fire extinguishers, approved by the local district, shall be kept in all service buildings and shall be maintained in good operating condition.

(c) No open fire shall be permitted except in facilities intended for such purposes.

(d) All construction shall provide reasonable assurance of safety to life by making provisions to retard the progress and spread of fires and by providing for means of egress which will minimize danger to life from fire, smoke or resulting panic before structures are emptied.

G. Application procedure. The application procedure for approval of a mobile home park shall involve a five-stage process: application to the Town Board for approval of a Land Use and Development Plan prepared in accordance with the requirements of § 240-50E(1)(a); Planning Board review and report to the Town Board on the appropriateness of the proposal in context of the Town Development Plan and this chapter; public hearing by the Town Board and decision on the special permit and General Land Use and Development Plan; Planning Board public hearing and decision on the subdivision of land, if any; and Planning Board public hearing and decision on site plan approval of the mobile home park.

H. Town Board action.

(1) Within 62 calendar days of the date of the close of the public hearing, the Town Board shall, by resolution, act either to approve, approve with modifications or disapprove the General Land Use and Development Plan for a proposed mobile home park. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with a detailed design of the proposed development and to submit applications for subdivision plat and/or site plan approval which are in accordance with the approved General Land Use and Development Plan. The Town Board shall not act to approve any application for a mobile home park unless it determines:

(a) That such development will service to implement the intent and purposes as set forth in this section of the Zoning Law;

(b) That the location proposed for the mobile home park is suitable and appropriate for such a development; and

(c) That such development is otherwise in the public interest.

(2) Such conditions and safeguards shall be attached to the special permit as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements.

I. Fees. The Town of Wappinger subdivision fee schedule as set forth in Chapter 122, Article IV, § 122-16 in the Code will apply with regard to applications for new mobile home parks with each trailer site equivalent to one lot.

[Amended 3-8-2004 by L.L. No. 4-2004]

§ 240-52 Gasoline filling stations.

[Amended 3-11-2019 by L.L. No. 2-2019]

A. Fuel pumps and storage tank inlets shall be set back at least 25 and 15 feet, respectively, from the perimeter property lines of the site. Further, fuel pumps and storage tank inlets shall be located and oriented in such a manner as to prevent the stacking of vehicles into any road right-of-way and the blocking of any point of site ingress or egress. For the purposes of this section, canopies over commercial fuel pumps and filling areas shall be permitted to extend into the minimum required front yard for the district in which the property is located, but in no case shall any canopy be located within five feet of any lot line.

B. All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways. In no case shall any vehicles awaiting service or repair work be stored outdoors for a period exceeding five days, unless such vehicles are entirely located within a fenced-in area and are visually screened from all adjoining properties and roadways. Body work, major structural repair or painting shall not be permitted.

C. Use of a building for any residence or sleeping quarters shall not be permitted, except that in the Hamlet Mixed Use District, dwelling units which are separate from the gas station use may be permitted above the commercial ground floor use in the principal gas station building.

[Amended 11-13-2019 by L.L. No. 6-2019]

§ 240-53 Accessory apartments.

[Amended 9-24-2001 by L.L. No. 5-2001; 4-14-2003 by L.L. No. 4-2003; 6-27-2005 by L.L. No. 6-2005]

A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger and the housing needs of persons who are 55 years of age and older. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one-family character of the one-family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan.

[Amended 5-27-2014 by L.L. No. 6-2014]

B. Standards. Accessory apartments shall comply with the following standards:

(1) Minimum lot area: not applicable.

(2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property. Notwithstanding the above, if said relative vacates the dwelling unit, the owner-applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance for the accessory apartment for occupancy by a nonfamilial person who is 55 years of age or older, subject to compliance with the following requirements:

[Amended 5-27-2014 by L.L. No. 6-2014]

(a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence.

(b) The nonfamilial person who is 55 years of age or older may occupy the principal or accessory dwelling unit with or without one other person who is at least 21 years old.

(c) Said nonfamilial occupants shall have the use of not more than two on-site parking spaces.

(d) The minimum lot size of the property shall be at least 80,000 square feet.

(3) Number of accessory apartments. Only one accessory apartment shall be permitted on any lot.

(4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling and in no event shall exceed 1,000 square feet of gross floor area.

[Amended 5-27-2014 by L.L. No. 6-2014; 5-14-2018 by L.L. No. 6-2018]

(5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet.

(6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons.

(7) Principal use. The principal use of the premises must be that of a detached one-family dwelling.

(8) Age of one-family dwelling. A one-family dwelling must be in existence for at least five years prior to an application for an accessory apartment.

[Amended 5-14-2018 by L.L. No. 6-2018]

(9) Access.

[Amended 5-14-2018 by L.L. No. 6-2018]

(a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one-family dwelling in which it is located, such entrance shall be located on the side or rear of the one-family dwelling.

(b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building.

(10) Exterior appearance. To the degree reasonably feasible, the exterior appearance of the building will remain that of a one-family residence.

(11) Utilities. Unless the premises is serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance.

(12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code and until violation(s) of the Uniform Code and Town Code, if any, have been corrected.

(13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter.

C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance.

D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in § 240-53B as determined by the Zoning Administrator, including but not limited to the following information:

[Amended 5-27-2014 by L.L. No. 6-2014]

(1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms.

(2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment.

(3) Clear and convincing proof of a family relationship or other requirements, as applicable, as stipulated in § 240-53B(2).

(4) The declaration of covenants and restrictions stipulated in § 240-531.

(5) An application review fee as set forth in § 122-16N(9)(a) of the Code.

E. Certificate of occupancy, Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment.

F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit, certification and/or other acceptable proof from the owner of the apartment verifying the continued existence of the family relationship or other requirements stipulated by § 240-53B(2). In the event that the inspection determines that the apartment is no longer in compliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year, provided that the owner-applicant complies with the terms of this chapter. In the event of noncompliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked, and the time periods established in § 240-53 for discontinuing accessory apartments shall apply. In the case of nonfamilial occupancy, as described in § 240-53B(2) herein, an annual renewal inspection fee as set forth in § 122-16N(9)(b) of the Code shall be paid to the Town.

[Amended 5-27-2014 by L.L. No. 6-2014]

G. Change in ownership. Upon a change in ownership or a change in the residence of the owner-applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner-applicant may apply for permission to maintain an accessory apartment pursuant to this chapter. The new owner-applicant shall submit an application as authorized by this chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in § 240-53B(2). In the event that the new owner-applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.

[Amended 5-27-2014 by L.L. No. 6-2014]

H. Change in family relationship. Upon a change in the family relationship as required in § 240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner-applicant may apply pursuant to § 240-53D for a transfer of the certificate of occupancy and/or certificate of compliance, provided that the owner establishes compliance with the family relationship or other requirements stipulated in § 240-53B(2). The owner-applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship or other requirements stipulated in this chapter. In the event that the new owner-applicant cannot establish the family relationship or other requirements stipulated in this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.

[Amended 5-27-2014 by L.L. No. 6-2014]

I. Declaration of covenants and restrictions. The owner-applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that:

[Amended 5-27-2014 by L.L. No. 6-2014]

(1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law.

(2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title.

(3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53H of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship.

(4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner.

§ 240-54 Professional office and professional studio uses in a residence.

[Amended 9-24-2001 by L.L. No. 5-2001]

A. The use shall be conducted solely within the dwelling unit and not in a detached accessory building and the use shall be clearly incidental and secondary to the use of the dwelling unit for living purposes.

B. Not more than two nonresident employees, associates or assistants, excluding the owner, shall be employed on the premises.

C. There shall be no external display or advertising of goods or services or other external evidence of such use other than one identification sign stating the name and address of the resident, property and/or permitted accessory use, not exceeding two square feet in area, which may be attached to a mailbox or supporting pole. If freestanding, the sign shall be no closer than five feet to the edge of the paved road or sidewalk, where it exists. Further, said sign shall not be illuminated in a residential district except as granted by special permit and then only during the hours of operation of the permitted accessory use.

D. The establishment of such use shall not require external alterations or involve construction features not customarily found in dwelling units.

E. The use shall not utilize an area exceeding 300 square feet which can be increased to 500 square feet if the lot has frontage on a state or county road and if the use derives its primary access from such road. In no case shall the use occupy an area exceeding 25% of the gross floor area of the residence.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

F. No use shall produce or emit beyond the boundaries of the premises on which it is located dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, smoke or vibration.

G. The use itself shall be conducted in such a manner and during such hours that it is not detrimental to the immediate neighborhood.

H. No service involving the repair of devices powered by electricity, gasoline, diesel fuel, kerosene or other fuels shall be permitted.

I. The use shall not result in the parking of more than three client vehicles at one time on the property or on the street.

J. Not more than five clients shall be permitted on the property at one time.

K. Parking shall be provided as set forth in Article X and as determined by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjoining dwellings.

L. In the case of an instructor, music teacher or teacher or tutor of standard scholastic subjects, the office or studio shall be so equipped and used that the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is located.

§ 240-55 Farm uses, including accessory farm produce stands, nurseries and greenhouses.

A. No storage of manure or any other odor- or dust-producing substance shall be permitted within 100 feet of a street or property line, nor within 150 feet of a watercourse or wetlands area.

B. Such sales shall only be permitted in accordance with the approved site plan.

C. Commercial vehicles and farm equipment need not be stored inside structures.

D. The applicant shall demonstrate to the satisfaction of the Planning Board that there is adequate land area for the number and type of animals to be raised on the property.

E. All animal feed shall be stored in rodentproof containers.

F. Such use may sell agricultural, nursery and greenhouse products grown or raised on the premises or elsewhere, and the Planning Board shall have the authority to determine whether the proposed products for sale comply with this subsection.

G. All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure.

[Added 5-9-2022 by L.L. No. 5-2022]

§ 240-56 Conversion of certain existing large residential structures to a two-family or multifamily dwelling.

A. The residential structure shall have been built prior to 1962 and shall contain more than 3,000 square feet of gross floor area.

B. There shall be no increase in the number of permitted dwelling units resulting from additions made after 1962.

C. The minimum lot area shall be 40,000 square feet.

D. There shall be no more than one dwelling unit for each 20,000 square feet of lot area, but in no case shall more than six dwelling units be permitted in the residential structure.

E. Each dwelling unit shall contain at least 800 square feet of gross floor area.

F. Each dwelling unit shall have a separate entrance. Not more than two separate entrances shall be permitted on the front facade. Common entrances with private interior accesses to each dwelling unit shall be permitted.

G. Dutchess County Health Department approval of the water and sewer service shall be required prior to the issuance of any permit.

H. Parking shall be provided as set forth in Article X and as required by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjacent dwellings.

I. The existing structure shall comply with all other requirements of this chapter.

§ 240-57 Ground-mounted solar energy systems. [1]

[Added 7-11-2016 by L.L. No. 2-2016]

A. Ground-mounted solar energy system as an accessory use.

(1) Ground-mounted solar energy systems, as an accessory use to a single-family dwelling, are allowed by special permit issued by the Planning Board without site plan approval in all zoning districts of the Town, provided that:

(a) The surface area of the solar collectors of such ground-mounted solar energy system is 50% or less of the footprint of the primary structure on the parcel; and

(b) The surface area of such ground-mounted solar energy system shall not exceed 0.5 acre.

(2) Ground-mounted solar energy systems, as an accessory use for all primary uses other than a single-family dwelling or farm, are permitted in all zoning districts of the Town subject to site plan approval, provided that:

(a) The surface area of the solar collectors of such ground-mounted solar energy system is 50% or less of the footprint of the primary structure on the parcel; and

(b) The surface area of such ground-mounted solar energy system shall not exceed 2.0 acres.

(3) Ground-mounted solar energy systems located on a lot with another principal use shall be considered a solar farm if the surface area of the solar collectors exceeds the limits set forth in Subsection A(1)(b) and (2)(b) above.

B. Solar farms.

(1) A solar farm is a principal use allowed in the R-40/80, R-80, RA-3, RA-5, AI, CC and COP Districts subject to special use permit and site plan approval.

[Amended 11-27-2017 by L.L. No. 6-2017]

(2) Site plan approval required. A site plan application shall be submitted and reviewed in accordance with the provisions of Article IX of this chapter for all solar farms.

(3) A ground-mounted solar energy system that is sole use on a lot is considered to be a solar farm regardless of size.

(4) Ground-mounted photovoltaic systems that are net metered and exceed the kW thresholds in the definition of "Solar electric generating equipment" found at Public Service Law § 66-j(1)(d) are deemed to be solar farms and shall be a principal land use for the parcel on which they are located regardless of the presence of another use.

(5) Ground-mounted solar energy systems located on a lot with another principal use shall be considered a solar farm if the surface area of the panels exceeds 50% of the footprint of the primary structure(s), exceeds 0.5 acre in area for lots with a single-family dwelling, or exceeds 2.0 acres in area for all other lots. A solar farm on a lot with another principal use is only permitted in the zoning districts set forth in Subsection A(1) above.

(6) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Planning Board.

(7) Aviation protection. For solar farms located within 500 feet of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(8) Where an interconnection with an electric public utility is proposed, evidence of consent by the utility for the connection shall be demonstrated.

(9) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The site plan shall include provisions for removal of all supporting structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The Town may require the posting of a bond, a letter of credit or the establishment of an escrow account to ensure proper decommissioning.

C. Special permit standards for all ground-mounted solar energy systems.

(1) All portions of the ground-mounted solar energy system must meet all applicable setback requirements for primary structures in the zoning district in which it is located.

(2) Solar collectors shall not be included in any calculation of impervious surface or impervious cover; however, the base or foundation of the solar collector shall be included in any calculation.

(3) Ground-mounted solar energy systems shall meet all other applicable zoning district requirements.

(4) Ground-mounted solar energy system.

[Amended 11-27-2017 by L.L. No. 6-2017]

(a) Where a ground-mounted solar energy system is located within 100 feet of an adjacent property in a residential district or a street, it shall be screened by existing vegetation or topography or through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area. The buffer shall comply with the requirements of § 240-25B.

(b) Notwithstanding the requirements of § 240-25B, where a ground-mounted solar energy system is located within the viewshed of the Hudson River, in any yard that faces the Hudson, the equipment shall be set back a minimum of 300 feet from the property line. Existing trees within the setback should not be removed, except for access roads and utility crossings. In the discretion of the Planning Board, existing trees in the area of the solar collectors may be reduced in height or replaced with shorter trees to prevent shading.

[1] The Planning Board shall have the discretion to reduce the setback required above to 150 feet, provided that the applicant demonstrates that the screening is opaque and the solar energy system will not be visible from the Hudson River when leaves are off the trees. The Planning Board may impose any reasonable conditions to protect adjacent properties and the public in general should it choose to reduce the setback.

(c) The Planning Board shall have the discretion to modify the height of the screening required by this section near, or adjacent to, the solar collectors reduced to prevent shading.

(5) The height of the solar collector and any mounts shall not exceed 15 feet above the ground.

(6) There shall be a ten-foot brush-free area around the ground-mounted solar energy system and suitable access means for firefighting equipment or such other clearances that may be required by the Uniform Code.

D. Additional special permit standards for accessory ground-mounted solar energy systems.

(1) Ground-mounted solar energy systems installed as accessory uses are permitted in a side yard or rear yard.

(2) The Planning Board may permit the installation of ground-mounted solar energy systems as an accessory use in a front yard upon a showing that such solar energy system may not be located in a side or rear yard and that the system may be adequately screened. The Planning Board may impose any reasonable conditions to protect adjacent properties and the public in general.

(3) Ground-mounted solar energy systems installed as accessory uses shall not be considered as a building for purposes of determining building coverage of the lot.

E. Additional special permit standards for solar farms.

(1) Solar farms are only permitted on lots that conform to the minimum lot size in the district in which they are located, except that solar farms having a rated capacity of 200 kW or greater are only permitted on lots containing 20 acres or more.

(2) In a residential district, the total surface area of the solar collectors shall not exceed 10% of the lot area, and the total impervious surface for the solar farm shall not exceed 15% of the lot area.

(3) In a commercial district, the total surface area of the solar collectors shall not exceed the maximum building coverage percentage for the district in which it is located.[2]

[2] Editor's Note: Former Subsection E(4), concerning setback and landscaping for solar farms in the R-40/80 District, which immediately followed this subsection, was repealed 11-27-2017 by L.L. No. 6-2017.

[1] Editor's Note: Former § 240-57, Places of worship, including parish houses and religious schools, was repealed 4-27-2015 by L.L. No. 1-2015, which local law was readopted 1-30-2017 by L.L. No. 1-2017 as a remedial measure.

§ 240-58 Private schools, including religious schools and colleges.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

A. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

B. The minimum setback from adjacent residential properties shall be twice that otherwise required in the district in which the property is located.

C. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

§ 240-59 Temporary outdoor use and structures in all districts, and, in residential districts, temporary outdoor stands for the sale and display of field and garden crops.

A. No structure or combination of structures for said temporary use shall exceed 1,000 square feet in gross floor area.

B. No permanent structures shall be constructed for a temporary use.

C. No new or expanded parking area shall be constructed for a temporary use.

D. Such uses shall only be permitted on lots with frontage on a state or county road and only where the use derives its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

E. Special functions shall not exceed 25 days. Seasonal uses shall not exceed 99 days.

F. The property shall be restored to a condition approved by the Planning Board.

G. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

H. The Zoning Administrator may issue a permit for a temporary outdoor sales or promotions use and temporary signage not exceeding 50 square feet in area without Planning Board approval for a period not to exceed 25 days in length nor more than three times per year per principal use, provided the temporary use:

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[2]]

(1) Is accessory and incidental to an existing permitted principal use on the site;

(2) Does not require any improvements to the site;

(3) Is located on a lot with frontage on a state or county road and where the use derives its primary access from such road;

(4) Conforms to all required setbacks for the district in which it is located; and

(5) Does not pose any safety concerns as determined by the Zoning Administrator.

[2] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

§ 240-60 Temporary housing units (such as ECHO) incidental to permitted principal use.

[Amended 2-25-2013 by L.L. No. 9-2013; 9-9-2013 by L.L. No. 13-2013]

A. A temporary housing unit or an elderly cottage housing opportunity (ECHO) consists of a separate, detached or impermanently attached, temporary dwelling unit, containing its own cooking, sanitary and sleeping facilities, accessory and incidental to a one-family dwelling. Such temporary housing unit shall be only for the use of and occupancy by not more than two residents, one of whom must be over 65 years of age and unable to live independently because of mental or physical illness or disability. Clear and convincing proof of compliance with the age requirement, and proof of illness or disability certified by a physician licensed to practice medicine in New York State must be submitted to the Town.

B. One temporary housing or ECHO unit shall be permitted on a lot which meets the minimum dimensional requirements of the district in which it is located. Notwithstanding the above, the minimum lot size on which a temporary housing or ECHO unit may be located shall be 20,000 square feet.

C. The exterior of the temporary housing or ECHO unit shall be compatible with principal residences in the neighborhood in terms of color, siding, roof pitch, window detailing and roofing materials. A separate outside access to the temporary housing or ECHO unit must be provided.

D. The temporary housing or ECHO unit shall be not less than 250 square feet nor more than 500 square feet in gross floor area. It shall not exceed 15 feet nor one story in height. The unit shall not be located in the front yard and shall conform to all other setbacks and dimensional requirements for a principal dwelling of the district in which it is located.

E. Dutchess County Health Department approval of the additional use must be obtained.

F. Construction of the temporary housing or ECHO unit shall conform to all applicable laws, regulations, codes and ordinances.

G. The temporary housing or ECHO unit shall be constructed so as to be readily removable, so that the lot can readily be restored to its prior condition. No permanent fence, wall or structure which would impede such removal shall be permitted.

H. The use shall terminate at the death or permanent change of residence of the original occupant(s) of the ECHO unit. The unit shall be removed and the lot shall be restored to its prior condition within 90 days of such termination. In the event that the unit is not removed by the end of such period, the Town has the right to cause the unit to be removed and to charge back such cost to the property owner directly or in the form of a lien on the property.

§ 240-61 Guest cottages and caretaker dwellings.

[Amended 11-12-2013 by L.L. No. 14-2013]

A guest cottage or caretaker dwelling shall be subject to the following standards or restrictions:

A. The minimum lot area shall be 10 acres.

B. Not more than one guest cottage or caretaker dwelling shall be permitted per lot.

C. Each structure shall be placed in a manner that will allow a future subdivision based upon compliance with current zoning regulations.

D. Each structure shall contain at least 800 square feet of usable floor area. However, no such structure shall contain in excess of 60% of the gross floor area of the principal dwelling or 1,800 square feet, whichever is less.

§ 240-62 Private, community or fraternal recreation clubs.

A. The minimum lot area shall be two acres.

B. No more than 50 memberships per acre shall be permitted.

C. The minimum required setbacks for a recreation facility shall be twice those otherwise required in the zoning district in which the lot is located or twice those of an adjacent residential district, whichever is greater. The Planning Board may reduce such additional setback requirements where topography or other factors make such setbacks unnecessary.

D. A building or structure used for a club for other than a recreational or athletic purpose shall have setbacks of at least 300 feet from residential properties and at least 200 feet from schools, places of worship and hospitals.

E. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

F. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

§ 240-63 Private camps for seasonal residents.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]; 5-14-2018 by L.L. No. 6-2018]

A. Private camps shall only be in operation from April 1 through October 31.

B. Private camp facilities shall be limited to campsites for tent stands, pop-up campers, shelters, and shower and bathroom facilities. Private camps may include one dwelling unit to be occupied by the owner, caretaker or superintendent and family only. Private camps may also include one building not to exceed 200 square feet in floor area for an office and convenience store, one storage shed not to exceed 200 square feet in floor area, and one pavilion.

C. A private camp must have a minimum lot area of 20 acres and 100 feet of frontage on a public highway and derive its primary access from such road.

D. All buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least 100 feet.

E. Private campsites and camp facilities shall be constructed and operated so as to minimize disturbance to surrounding properties. The Planning Board shall attach such conditions to its approval and may require such noise abatement, fencing and/or landscaping as are necessary to protect surrounding properties from excessive light, noise and other nuisances and hazards which may be inherent in the operation of the private camp.

F. The discharge of firearms, bows and arrows or any other dangerous weapons shall be expressly prohibited at a private camp.

G. Outdoor public address systems shall be prohibited at a private camps. Private camps shall comply with Chapter 166, Noise, of this code.

H. The private camp's water supply and sewage disposal facilities shall be subject to approval by the Dutchess County Department of Health, as applicable.

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

§ 240-64 Nursing and convalescent homes, not including institutions for the mentally ill or facilities for the treatment of drug or alcohol addiction.

A. The minimum lot area shall be six acres.

B. A maximum of 20 beds per acre shall be permitted in any such use.

C. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

D. Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of the permit.

§ 240-65 Funeral homes.

A. The minimum lot area shall be two acres.

B. Sufficient aisle(s) and loading space(s) shall be provided on-site to permit a minimum of eight cars forming a procession.

C. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

D. An accessory dwelling unit for the manager or on-site custodian may be allowed.

E. Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of any permit.

§ 240-66 Day-care centers.

A. The minimum lot area shall be two acres.

B. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

C. An accessory dwelling unit for the manager or on-site custodian may be allowed.

D. Licensing by the New York State Department of Social Services shall be required.

§ 240-67 Motor vehicle sales establishments.

A. The minimum lot area shall be three acres.

B. Ten visitor parking spaces, plus two parking spaces for each three employees, shall be provided. Vehicles awaiting repairs shall be located in an area that is screened from public view.

C. Overhead garage doors providing access to maintenance and repair facilities shall not be located facing any street and shall be visually buffered from surrounding residential districts.

D. It has been determined by the Wappinger Town Board that large unbuffered expanses of parked, stored and/or displayed vehicles represent an impairment to the visual environment of the Town. The Town Board's purpose in promulgating the following provisions is to minimize such impairment while balancing the rights of the business community with those of the general public. The number of vehicles on any given site shall not exceed a maximum of 70 per gross acre; this maximum density pertains to all vehicles on the site, including but not limited to display, storage, repair, customer and employee vehicles. Said vehicles shall be confined to the portions of the site designated for them on the approved site plan. Further, the parking, storage and display of vehicles along the site's roadway frontage(s) shall not exceed a maximum of one vehicle for every 40 feet of frontage. The densities of vehicles specified in this section may be achieved if, in the Planning Board's opinion, the site can accommodate such densities without resulting in adverse visual impact; the site characteristics to be evaluated in this regard shall include but not necessarily be limited to the size and shape of the lot, the size and shape of the building, existing and proposed vegetation and the site's topography. The Planning Board shall also have the authority to require berming and/or substantial year-round vegetative screening along the site's frontage(s) where the Board deems that a sufficient display of vehicles is achieved. Further, the Planning Board shall have the authority to determine whether any outdoor lifts for the parking, display or storage of vehicles shall be permitted.

E. All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways. Vehicles requiring such work shall not be stored outdoors for a period exceeding 14 days, unless such vehicles are entirely located within a fenced-in area and are visually screened from all adjoining properties and roadways.

F. Use of a building for residence or sleeping quarters shall not be permitted.

G. Notwithstanding requirements to the contrary, the sale of small motor vehicles less than 1,500 pounds' gross weight, such as go-carts, jet skis, and motorcycles, shall be permitted and regulated as a retail use, provided there is no outdoor storage; the floor area for the use is less than 5,000 square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of § 240-67.

[Added 9-24-2001 by L.L. No. 5-2001; amended 8-28-2006 by L.L. No. 7-2006]

§ 240-68 Contractor's lumber supply yard and wholesale lumber sales.

A. The minimum lot area shall be seven acres.

B. Ten visitor parking spaces, plus two parking spaces for each three employees, shall be provided.

C. Outdoor storage and display will be allowed, provided that such storage/display areas are screened from all streets and residential areas. Such storage/display area shall not encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth on the approved site plan.

§ 240-69 Hotels and motels.

A. Each guest room shall have at least 200 square feet of gross floor area, including a bathroom, and no suite shall contain more than two bedrooms.

B. No hotel or motel operator shall permit a guest to occupy such accommodations for more than 30 days within any ninety-day period.

§ 240-70 Motor vehicle towing, repair and service.

[Amended 9-24-2001 by L.L. No. 5-2001; 8-28-2006 by L.L. No. 7-2006; 9-9-2013 by L.L. No. 13-2013]

A. The minimum lot area shall be two acres.

B. Ten visitor parking spaces, plus two spaces for each three employees, shall be provided. Towed vehicles and vehicles awaiting servicing/repairs shall be located in an enclosed area and only in a side yard or rear yard, unless waived by the Planning Board.

C. Towed vehicles and vehicles for repair or service shall be parked or stored on those portions of the site designated for such storage or parking as shown on the approved site plan. Partially dismantled vehicles shall not be stored in any required yard setback nor be located in any buffer strip required by this chapter, except where the Planning Board determines that an adequate buffer will be provided to protect adjacent properties and uses and that the appearance of such storage will not result in adverse visual impact.

D. No outdoor sales or display of vehicles for sale shall be permitted.

E. All automobile parts or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways.

F. The lot on which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools.

G. Use of a building for any residence or sleeping quarters shall not be permitted.

§ 240-70.1 Restoration of antique passenger motor vehicles.

[Added 6-12-2017 by L.L. No. 3-2017]

A. The use may only be permitted on a lot containing four or more acres.

B. The lot in which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools.

C. No portion of the building in which a restoration or rehabilitation occurs shall be used as a residence or sleeping quarters.

D. There shall be a minimum of five visitor parking spaces plus one space for each employee.

E. Antique vehicles awaiting restoration shall be located within a building or within an outdoor storage area, except that the Planning Board may permit the parking of up to 14 antique passenger motor vehicles in an approved parking lot so long as such vehicles are duly registered and in good repair and the automotive body physically appears to be in operating condition. Such vehicles shall not have missing body parts and shall not be covered with tarps or other coverings.

F. Any outdoor storage area associated with the use shall be:

(1) Located within the side or rear yard;

(2) Comply with the setback requirements for the zoning district;

(3) Securely fenced; and

(4) Screened in accordance with the provisions of § 240-25D.

G. No more than 18 antique passenger motor vehicles may be stored in all the outdoor storage areas on the lot.

H. A maximum of four pads for display of fully restored antique vehicles are permitted on the lot.

I. All restoration, rehabilitation, painting and related work, including car washing, of such antique passenger motor vehicles shall be conducted within a building.

J. There shall be no outdoor repairs, painting or storage of materials, parts, equipment of any kind or nature whatsoever, except as provided above.

K. The sale of a passenger motor vehicle may be permitted as an accessory use in connection with the restoration of antique passenger motor vehicles, provided that no more than seven antique passenger motor vehicles are sold in a single year.

§ 240-71 Veterinarian offices, pet day care and commercial kennels.

[Amended 9-9-2013 by L.L. No. 13-2013]

A. In residential districts, the minimum lot area shall be seven acres for veterinarian offices, and shall be 10 acres for pet day care, commercial kennels or any facilities with outdoor runs. In nonresidential districts, the minimum lot area shall be two acres for any facilities with outdoor runs.

B. All facilities shall be centrally located on the property to allow for adequate distance from the property line to reduce the effect of barking animals.

C. The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic, noise and odor impacts and impairment of the use, enjoyment and value of property in the area.

D. For veterinarian offices, pet day care and commercial kennels located within a residential district, one nonilluminated freestanding identification sign, not to exceed two sides of six square feet in area per side, shall be permitted. The appearance, size and location of the sign shall be subject to the approval of the Planning Board.

E. The lot and structures shall conform to the dimensional requirements of the district in which the property is located.

§ 240-72 Commercial recreation facilities.

A. No outdoor public address system shall be permitted unless specifically approved by the Planning Board and where such Board has determined that the use of such system will not be a nuisance to the surrounding area.

B. The Planning Board may impose such conditions as it deems necessary to avoid traffic, noise, odor, lighting impacts and the impairment of the use, enjoyment and value of property in the area.

C. Where abutting a residential district, all commercial recreation uses, structures and activities shall be set back twice the otherwise applicable requirement of the district in which the property is located or twice that of an adjacent residential district, whichever is greater. The Planning Board may reduce such additional requirement where topography or existing or proposed buffer landscaping or some other means will provide adequate protection of the surrounding properties.

§ 240-73 Bed-and-breakfast establishments.

A. The minimum lot area shall be 40,000 square feet and all structures must conform to the dimensional requirements of the zoning district in which the property is located.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]

[1] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

B. Bed-and-breakfast establishments shall only be permitted within an existing detached one-family dwelling which is at least 15 years old. No additions shall be permitted to create additional guest rooms. No guest rooms or meals shall be permitted in an accessory structure.

C. The property owner or proprietor shall occupy the premises as their primary residence.

D. Two parking spaces, plus one parking space for each guest room, shall be provided. Parking is prohibited in the front yard unless screened and determined by the Planning Board to be compatible with the surrounding area.

E. Guest occupancy shall not exceed 14 days within any thirty-day period.

F. Only resident guests may be served meals. No cooking shall be permitted within guest rooms.

G. Dutchess County Health Department approval of the water supply and sewage disposal systems shall be required prior to the issuance of any permit or certificate.

H. One identification sign, not to exceed two sides of two square feet in area per side shall be permitted. The appearance, size and location of the sign shall be subject to the approval of the Planning Board. Said sign may be illuminated.

[Amended 4-27-2015 by L.L. No. 1-2015[2]; 1-30-2017 by L.L. No. 1-2017[3]]

[2] Editor's Note: This local law also repealed former Subsection H, regarding frontage on and practical access to a primary or collector road, and redesignated former Subsections I through Q as Subsections H through P, respectively.

[3] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

I. The Planning Board may impose conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

J. A bed-and-breakfast establishment shall not be permitted on a lot where the dwelling also contains a home occupation as an accessory use or a professional home office use.

K. A bed-and-breakfast establishment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the bed-and-breakfast establishment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building Inspector shall inspect the premises and shall report on the condition of structures on the premises to the Planning Board. No permit shall be granted until all outstanding violations of the Building Code and Zoning Law are corrected. All conditions of the special permit must be complied with and shall be subject to inspection by the Building Inspector.

L. In making its determination on the special permit, the Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed bed-and-breakfast establishment, including the exterior appearance of one-family dwellings. The building in which the bed and breakfast establishment is located must continue to appear to be a one-family dwelling.

M. In addition to the information required in Article IX herein, the owner-applicant shall present to the Planning Board a floor plan of each habitable floor of the building with all interior dimensions, including windows and doors and with an assignment of spaces to the proposed dwelling units and guest rooms, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning Board to understand and decide upon the acceptability of the proposal.

N. The special permit shall be issued to the owner(s) of the property. Should there be a change in ownership or if the premises is no longer occupied by the owner or proprietor as their primary residence, the special permit and the certificate of occupancy for the bed-and-breakfast establishment shall be in need of renewal.

O. Terms of permit.

(1) The initial permit shall be valid for a period of two years, at which time the owner-applicant must appear before the Planning Board and request a renewal of such permit. Subsequent thereto, the special permit shall be valid for a period not to exceed five years, the exact term to be determined by the Planning Board upon its issuance of a renewal special permit. Within 90 days of the end of such period, the owner-applicant shall request the Building Inspector to renew the permit or the applicant shall notify the Building Inspector of the owner-applicant's intent to discontinue the permit. The Building Inspector shall renew the permit if all conditions of the original permit are still satisfied. Otherwise, the Building Inspector shall not renew the permit and the premises shall immediately revert to a one-family dwelling and the identification sign shall be removed.

(2) The owner of the property shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for a bed-and-breakfast establishment. This declaration shall be in favor of the Town of Wappinger and shall state that:

(a) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned or proprietor no longer occupying the premises as his or her primary residence, the new owner shall apply to the Planning Board for a renewal of the special permit in accordance with § 240-73P(1) of the Town of Wappinger Zoning Law.

(b) The new owner of the premises shall have to apply to the Planning Board for a renewal of the special permit to continue the bed-and-breakfast establishment use.

(c) The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner.

P. A bed-and-breakfast establishment may be located on property used for agricultural purposes.

[Added 9-9-2013 by L.L. No. 13-2013]

§ 240-74 Riding academies and commercial stables.

A. The applicant shall demonstrate to the satisfaction of the Planning Board that there is adequate land area for the number and type of animals to be raised and kept on the property.

B. No storage of manure or any other odor- or dust-producing substance or operation shall be permitted within 100 feet of a street or property line, nor within 150 feet of a watercourse or wetlands area, unless the storage is within a fully enclosed building.

C. No building housing horses shall be permitted within 100 feet of any perimeter property line of the site.

D. Accessory living quarters which share a common cooking and dining facility may be provided for the exclusive use of grooms and other employees required to care for or train horses stabled on the site. There shall be no more than one such employee residing on the premises for each four horses stabled, up to a maximum of five such employees. Any such accessory living quarters contained within a detached one-family dwelling shall be placed in a manner that will allow a future subdivision based upon compliance with current zoning regulations.

E. No events, competitions or shows shall be allowed except where specifically permitted by the Planning Board.

F. No outdoor lighting shall be permitted, except for normal security lighting in accordance with a plan approved by the Planning Board.

G. No outdoor loudspeakers or other forms of public address system shall be permitted.

H. The Planning Board or its duly authorized representative shall be granted the right, upon reasonable notice to the property owner, to conduct inspections of the riding academy or commercial stable to ensure compliance with the conditions of special permit and site plan approvals.

I. The Planning Board may require any other additional requirements as deemed necessary to avoid or minimize noise, odor, nuisance or traffic impacts and the impairment of the use, enjoyment and value of property in the area.

§ 240-75 Adult uses.

A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which increase the crime rate and undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for an increase in crime and the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of adult uses in the Town.

B. Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of site plan approval by the Planning Board shall be subject to the following requirements, in addition to the requirements of site plan approval in Article IX herein.

(1) Not more than one adult use shall be permitted on any lot.

(2) No adult use shall be permitted on any lot which is located within 2,500 feet of any other lot containing an adult use.

(3) No adult use shall be permitted in any building which is located within 400 feet of any residential zoning district.

(4) No adult use shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field.

(5) All building openings, including doorways and windows, shall be located, covered or screened in such a manner as to prevent a view into the adult use from outdoors.

(6) A condition of the approval of all adult uses shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises of such use.

(7) A further condition of the approval of all adult uses shall be the restriction that there shall be no outdoor display or advertising of any kind, other than one business identification sign complying with all signage requirements as set forth in § 240-29 herein.

(8) No adult use shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as an adult use.

(9) Adult uses shall comply with all other requirements of the Zoning Law as well as all applicable town, county, state and federal laws and regulations.

(10) Any adult use which is lawfully in existence on the date on which the provisions of this section become effective shall be permitted to continue, provided that said use is registered with the Zoning Administrator within 30 days of said date, and further provided that it is established to the satisfaction of the Zoning Administrator that said use complies with all applicable requirements as set forth herein.

(11) The owner or operator of each adult use shall specify, with appropriate documentation, the amount of its capital investments upon registering such use with the Zoning Administrator and shall provide such documentation as the Zoning Administrator shall require to establish such amount. The term "capital investment," as used above, shall mean the initial outlay of money or other consideration by the owner or operator to establish the adult use as of the date of the enactment of these regulations, exclusive of the fair market value of the structure and land in/on which the adult use is located.

(12) Any adult use which is lawfully in existence on the date on which the provisions of this section become effective and which registers with the Zoning Administrator within the required 30 days, but which cannot establish to the satisfaction of the Zoning Administrator that said use complies with the requirements of this chapter, shall be brought into compliance with the requirements of this chapter within an additional 30 days or shall be discontinued on or before the date specified in accordance with the following amortization schedule:

	Capital Investment as of the Effective Date of This Section	Date on or Before Which Use Shall Terminate
	$0 to 25,000	December 31, 1996
	$25,001 to $50,000	December 31, 1997
	$50,001 to $75,000	December 31, 1998
	$75,001 to $100,000	December 31, 1999
	More than $100,000	December 31, 2000

(13) Any adult use which fails to register with the Zoning Administrator within 30 days of the date on which the provisions of this section become effective shall be in violation of this chapter and subject to all penalties applicable thereto.

§ 240-76 Entertainment uses.

A. No outdoor public address system shall be permitted unless specifically approved by the Planning Board and where such Board has determined that the use of such system will not be a nuisance to the surrounding area.

B. The Planning Board may impose such conditions as it deems necessary to avoid traffic, noise, odor, lighting impacts and the impairment of the use, enjoyment and value of property in the area.

C. Where a use such as a hotel contains an entertainment use, said entertainment use shall comply with the two subsections listed immediately above.

§ 240-77 Cemeteries.

Cemeteries shall be subject to the review and approval of all county and state agencies which may have jurisdiction thereon.

§ 240-78 Manufacturing, fabricating, finishing, assembling or repair.

A. All equipment, materials and activities shall be contained entirely in either fully enclosed buildings or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be contained entirely in fenced-in areas which are visually screened from all adjoining properties and roadways.

B. The subject use shall not result in the production of any hazardous wastes.

§ 240-79 Tattoo parlors.

A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town.

B. Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein.

(1) Not more than one tattoo parlor shall be permitted on any lot.

(2) No tattoo parlor shall be permitted on any lot which is located within 2,500 feet of any other lot containing a tattoo parlor.

(3) No tattoo parlor shall be permitted in any building which is located within 400 feet of any residential zoning district.

(4) No tattoo parlor shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field.

(5) No tattoo parlor shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as a tattoo parlor.

(6) Tattoo parlors shall comply with all other requirements of the Zoning Law as well as all applicable Town, county, state and federal laws and regulations.

§ 240-80 Conversion of existing hotel or motel to congregate care facility.

[Added 1-26-1998 by L.L. No. 1-1998]

A. The minimum lot area shall be one acre.

B. No more than two residents shall be allowed to occupy any room in a congregate care facility. Each room in the facility shall have at least 200 square feet of gross floor area, including a bathroom. As part of the special permit, the Planning Board may permit the existing facility to be expanded by not more than 19,000 square feet, provided that all applicable parking, septic and well requirements are met. In no event shall the floor area ratio exceed 0.5.

C. The property must have frontage on and practical access to a state highway to ensure adequate service, emergency vehicle and van access.

D. Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of the permit.

E. The facility to be converted must be located in the GB General Business Zone and be a lawfully existing hotel or motel existing as of January 1, 1997.

F. The facility shall comply with all applicable new York State requirements.

G. The facility must obtain site plan review and establish:

(1) Provision of adequate parking to meet facility needs. At least one parking space shall be provided for every three beds in the facility. However, the Planning Board may reduce permitted parking to a level of not less than one space per every four beds, upon submission of satisfactory proof that such parking will be adequate to the needs of the facility. Proof of the parking demands generated over a period of 18 months of facilities operation at a rate of at least eighty-percent occupancy shall be deemed adequate information upon which the Planning Board can make the determination as to whether or not to allow reduced parking. The Planning Board may permit all or part of the required off-street parking spaces to be located on any lot within 1,000 feet of the congregate care facility if the Board determines it is impractical to provide parking on the same lot with the facility, but in no event shall the parking for the facility take place in a residential district.

(2) Provision of adequate recreation facilities, including indoor activity space.

(3) Adequate access for ambulance and/or other emergency services and deliveries.

§ 240-81 Telecommunications towers, antennas and personal wireless service facilities.

[Added 4-27-1998 by L.L. No. 4-1998]

A. This section shall provide standards and requirements for the regulation and placement of telecommunications towers, antennas and personal wireless service facilities in the Town of Wappinger.

B. Legislative intent and purpose. The purpose of regulating telecommunications towers, antennas and personal wireless facilities and towers is to:

(1) Preserve the character and appearance of the Town of Wappinger while allowing adequate personal wireless services to be developed.

(2) Protect the scenic, historic, environmental and natural or man-made resources of the community.

(3) Provide standards and requirements for the regulation, placement, design, appearance, construction, monitoring, modification and removal of personal wireless service facilities.

(4) Establish a systematic review process that ensures action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities.

(5) Preserve property values.

(6) Minimize the total number and height of towers and antennas throughout the community, consistent with the need to provide adequate service.

(7) Locate towers and antennas so that they will not create an attractive nuisance, noise or harm from falling objects and otherwise will not have any other potential adverse impact on property values, the health, safety, welfare and quality of life in the community.

(8) Require owners of towers and personal wireless service facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

(9) Require tower sharing and the clustering of personal wireless service facilities where feasible.

C. Consistency with federal law. These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

(1) They do not prohibit or have the effect of prohibiting the provision of personal wireless services;

(2) They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and

(3) They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

D. Locational standards.

(1) Telecommunications towers, antennas and personal wireless service facilities are permitted in the following locations in order of preference:

(a) Locations with existing personal wireless service facilities or telecommunication facilities or antennas, as these terms are defined in the Zoning Law.

(b) Parcels or rights-of-way used exclusively for existing public utilities with preference to existing or proposed water towers or other like structures.

(c) Locations or facilities of commercial or nonresidential uses.

(d) If the applicant demonstrates in presenting the documentation required in § 240-81F that none of the locations set forth in § 240-81D(1)(a) through (c) are appropriate, then in that event, the applicant may request that telecommunications towers, antennas or personal wireless service facilities be permitted on any appropriate parcel subject to the conditions and criteria set forth in § 240-81 of the Zoning Law.

(2) Repeaters may be installed within the locations set forth in § 240-81D(1).

(3) No personal wireless service facility, tower or repeater shall be erected, constructed or installed or undergo major modification without first obtaining a special permit and site plan approval from the special permit granting authority (SPGA) in accordance with the requirements set forth herein.

(a) One or both of two kinds of special permits are required. If applicant is applying for both permits, they shall be submitted and examined concurrently.

[1] A facility/tower special permit (henceforth "F/TSP") for new facility/tower construction (or major modification of an existing facility).

[2] A repeater special permit (henceforth "RSP") for repeater(s) to be mounted on an existing or newly permitted tower or other structure (or major modification of an existing structure).

(b) For personal wireless service facilities or towers, a F/TSP is required. Applicant must submit all information required in § 240-81F(4).

(c) For all repeaters proposed for installation, an RSP is required. An RSP may be applied for by an applicant who is currently applying for a F/TSP under § 240-81 of the Zoning Law or by an applicant who has previously received a F/TSP under § 240-81 of the Zoning Law or by an entity which is providing personal wireless services to the Town of Wappinger from a base station outside the Town. Applicant must submit all information required in § 240-81F(5).

(4) There shall be no teleports within the Town of Wappinger.

E. Exemptions.

(1) No personal wireless service facility shall be considered exempt from this section of the zoning regulations for any reason, whether or not said facility is proposed to share a tower or other structure with such exempt uses.

(2) The following wireless telecommunications facilities are exempt from § 240-81 of the Zoning Law: police, fire, ambulance and other emergency dispatch.

F. Application requirements.

(1) Review by independent consultants. In all cases where the Town determined that a review by a qualified expert of the applicant's application is warranted, the applicant shall be required to pay for the cost of such review. This payment shall be made to the Town prior to the review commencing and the decision being rendered on the application. The consultants will work under the direction of the Town Planner. Copies of the consultants' findings and reports shall be made available to the applicant not less than seven days prior to any meeting of the SPGA to consider the consultants' reports and the applicant shall be given the opportunity to respond to said report, in writing, and at the next hearing when the consultants' reports will be considered. The consultants shall each be qualified professionals in one of the following fields:

(a) Electrical engineering;

(b) Structural engineering;

(c) Monitoring of electromagnetic fields; and

(d) Others as determined necessary by the SPGA.

(2) Identification of carrier. The proposed carrier shall be identified as the applicant.

(3) Adequate coverage, adequate capacity and justification of need for F/TSP.

(a) Applicant shall provide written documentation of any facility site(s) in the Town of Wappinger, any sites in abutting Towns and/or any facility site(s) outside the Town of Wappinger that are within five miles of the proposed site in which the applicant has a legal or equitable interest, whether by ownership, leasehold or otherwise. For each such facility site, the applicant shall demonstrate with written documentation that this facility site is not already providing or does not have the potential, by adjusting the site, to provide adequate coverage and/or adequate capacity to the Town of Wappinger.

[1] The documentation for each facility site listed shall include:

[a] The exact tower location (in longitude and latitude, to degrees, minutes and seconds);

[b] Ground elevation above mean sea level at the tower location;

[c] Height of tower or structure;

[d] Type, manufacturer and model number of antenna(s);

[e] Antenna(s) gain;

[f] Height of antenna(s) center line on tower or structure;

[g] Output frequency;

[h] Number of channels;

[i] Power input; and

[j] Maximum ERP per channel.

[2] Potential adjustments to these existing facility sites, including changes in antenna(s) type, orientation, gain, height or power output, shall be specified. Radial plots from each of these facility sites as they exist and with adjustments as above shall be provided as part of the application.

(b) Applicant shall demonstrate with written documentation that they have examined all existing facility sites in the Town of Wappinger, any sites in abutting Towns and any sites outside the Town of Wappinger that are within five miles of the proposed site in which applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise, to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of Wappinger.

[1] The documentation for each existing facility site examined shall include:

[a] The exact tower location (in longitude and latitude, to degrees, minutes and seconds);

[b] Ground elevation above mean sea level at the tower location;

[c] Height of tower or structure;

[d] Type, manufacturer and model number of proposed antenna(s);

[e] Proposed antenna(s) gain;

[f] Height of proposed antenna(s) center line on tower or structure;

[g] Proposed output frequency;

[h] Proposed number of channels;

[i] Proposed power input; and

[j] Proposed maximum ERP per channel.

[2] Radial plots from each of these existing facility sites, configured as documented above, shall be provided as part of the application. In addition, the applicant shall provide a list of all sites within a one-mile radius of the proposed location that have been considered as alternative sites.

(c) Distance from existing tower. The applicant must certify that existing towers within 1,000 feet of the proposed new tower do not meet the applicant's structural specifications or technical requirements or that a collocation agreement could not be obtained at reasonable terms and conditions, including price.

(d) The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters or non-tower-mounted PWSF's in conjunction with all towers listed in compliance with § 240-81F(3)(a) and (b) above to provide adequate coverage and/or adequate capacity to the Town of Wappinger. Radial plots of all repeaters considered for use in conjunction with these towers shall also be provided as part of the application.

(4) Required documentation for F/TSP.

(a) Copies of all submittals and showings pertaining to FCC licensing; tower registration; environmental impact statements; FAA notice of construction or alteration; aeronautical studies; and all data, assumptions and calculations relating to service coverage and power density levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.

(b) The exact legal name, address or principal place of business and the phone number of the applicant. If any applicant is not a natural person, documentation shall also give the state under which applicant was created or organized.

(c) The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named and such service shall be deemed to be service upon the applicant.

(d) Name, address, phone number and written consent to apply for this permit, of the owner of the property on which the proposed personal wireless service facility and/or tower shall be located or of the owner(s) of the tower or structure upon which the proposed personal wireless service facility shall be located.

(e) Required plans and engineering plans prepared, stamped and signed by a professional engineer licensed to practice in the State of New York.[1] Plans shall be on twenty-four-inch-by-thirty-six-inch sheets, on as many sheets as necessary and at scales which are no smaller (i.e., no less precise) than listed below in § 240-81F(4)(f)[1] through [7]. Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s) and original seal and signature of the professional engineer and other professionals who prepared the plan.

[1] Note: Survey plans shall also be stamped and signed by a professional land surveyor registered in the State of New York.

(f) Applicant shall, as part of its application, provide the SPGA with the following plans and maps:

[1] Location map. Copy of a portion of the most recent U.S.G.S. Quadrangle Map, 7.5 Minute Series, at a scale of 1 to 24,000 and showing the area within at least two miles from the proposed tower site. Indicate the tower location and the exact latitude and longitude (degrees, minutes and seconds).

[2] Vicinity map at a scale of one inch equals 200 feet with contour intervals no greater than 10 feet showing the entire vicinity within a one-thousand-foot radius of the property lines within which the tower site is located, including topography, public and private roads, buildings, bodies of water, wetlands, historic sites and habitats for endangered species. Indicate any access easement(s) or right(s)-of-way needed for access from a public way to the tower and the names of all abutters or property owners along the access easement(s) or who have deeded rights to the easement(s).

[3] Existing conditions plan. A recent survey of the tower site at a scale no smaller than one inch equals 40 feet with topography drawn with a minimum of five-foot contour intervals, showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines and wooded areas within a two-hundred-foot radius from the base of the proposed tower. Show the boundary of any wetlands, floodplains or watercourses within 200 feet from the tower or any related facilities, access ways or appurtenances. The survey plan must have been completed on the ground by a licensed land surveyor within two years prior to the application date.

[4] Proposed site plans. Proposed site layout, grading and utilities at the same scale or larger than the existing conditions plan.

[a] Proposed tower location and any appurtenances, including supports and guy wires, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures.

[b] Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires and the corners of all appurtenant structures.

[c] Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines and whether such lines are underground or above ground.

[d] Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alterations.

[e] Any direct or indirect wetlands alteration proposed.

[f] Detailed plans for drainage of surface and/or subsurface water, plans to control erosion and sedimentation both during construction and as a permanent measure.

[g] Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing and any exterior lighting or signs.

[h] Plans of proposed access driveway or roadway and parking area at the tower site. Include grading, drainage, traveled width and a cross section of the access drive indicating the width, depth of gravel, paving or surface materials.

[5] Proposed tower and appurtenances.

[a] Plans, elevations and sections details at appropriate scales, but no smaller than one inch equals 10 feet.

[b] Two cross sections through the proposed tower drawn at right angles to each other, showing the ground profile to at least 100 feet beyond the limit of clearing and any guy wires or supports. Show the dimension of the proposed height of the tower above average grade at the tower base. Show all proposed antennas, including their location on the tower.

[c] Typical detail of tower foundation, including cross sections and details. Show all ground attachments and specifications for anchor bolts and other anchoring hardware.

[d] Detail proposed exterior construction or finish of the tower in accordance with § 240-81G(10).

[e] Indicate the relative height of the tower to the tops of surrounding trees as they presently exist.

[f] Illustration of the modular structure of the proposed tower, indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands and the maximum structurally allowable height of the proposed tower.

[g] A structural professional engineer's written description of the proposed tower and structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height and that the tower is designed to withstand winds in accordance with the ANSI/EIA/TIA 222 standards (latest revision).

[h] A description of available space on the tower, providing illustrations and examples of the type and number of personal wireless service facilities which could be mounted on the structure.

[6] Proposed communications equipment shelter.

[a] Floor plans, elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot of any proposed appurtenant structure.

[b] Representative elevation views indicating the roof, facades, doors and other exterior appearance and materials.

[7] Proposed equipment plan.

[a] Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

[b] Number of antennas and repeaters (if any), as well as the exact locations of all repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.

[c] Mounting locations on tower or structure, including height above ground.

[d] Antenna(s) types, manufacturer(s) and model number(s).

[e] For each antenna, the antenna gain and the antenna radiation pattern.

[f] Number of channels per antenna, projected and maximum.

[g] Power input to the antenna(s).

[h] ERP in normal use and at maximum output for each antenna and all antennas as an aggregate.

[i] Output frequency(ies) of the transmitter(s).

[8] Visual impact analysis.

[a] A minimum of eight view lines in a zero-to-two-mile radius from the site, shown beginning at true North and continuing clockwise at forty-five-degree intervals.

[b] A plan map of a circle two miles in radius of the facility site on which any visibility of the proposed tower from a public way shall be indicated.

[c] Applicant shall utilize the U.S.G.S. Quadrangle Map, at a scale of 1 to 25,000 and submit profile drawings on a horizontal scale of one inch equals 400 feet, with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.

[9] Balloon test. Within 35 days of submitting an application, applicant shall arrange to fly or raise upon a temporary mast a three-foot diameter brightly colored balloon at the maximum height of the proposed tower. The dates (including a second date in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the applicant at seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town of Wappinger. The applicant shall inform the SPGA, in writing, of the dates and times of the test at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of the dates chosen.

(5) Application requirements for RSP. The use of repeaters to assure adequate coverage or to fill holes within areas of otherwise adequate coverage while minimizing the number of required towers is permitted and encouraged. An applicant who is currently applying for an RSP under § 240-81 of the Zoning Law or who has received and is in compliance with a current F/TSP under § 240-81 of the Zoning Law or an entity which is providing personal wireless services to the Town of Wappinger from a base station outside the Town may apply for an RSP.

(a) Applicants shall provide the following information:

[1] Configuration.

[a] The exact location in longitude and latitude, to degrees, minutes and seconds, as well as by street address or pole number (if applicable);

[b] Ground elevation;

[c] Type, manufacturer and model number of proposed repeater;

[d] Height of proposed repeater above ground;

[e] Proposed output frequency;

[f] Proposed number of channels;

[g] Proposed power input; and

[h] Proposed maximum power output per channel.

[2] Radial plots from any proposed repeater(s) configured as documented above shall be provided as part of the application.

(b) Name, address, phone number and written consent to apply for this permit of the owner of the property on which the proposed repeater shall be located and of the owner(s) of the tower or structure on which the proposed repeater shall be located.

(c) Proposed repeater site layout, grading and utilities at a scale no smaller than one inch equals 40 feet (1 to 480 or metric equivalent 1 to 500) showing the entire vicinity within a three-hundred-foot radius of the repeater site with topography drawn with a minimum of two feet (0.6 meter) contour interval.

[1] Proposed repeater location and any appurtenances, if any and any accessory building (communication equipment shelter or other). Indicate property boundaries of abutters within 300 feet of the repeater and dimensions of all proposed improvements.

[2] Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alteration.

[3] Plans of any proposed access driveway or roadway and parking area at the repeater site. Include grading, drainage, traveled width and a cross section of the access drive indicating the width, depth of gravel, paving or surface materials.

G. General requirements for F/TSP(s).

(1) The applicant shall provide a written, irrevocable commitment valid for the duration of the existence of the tower, to the extent structurally and electromagnetically able, to rent or lease available space for collocation on the tower at fair market prices and terms, without discrimination to other personal wireless service providers.

(2) A special permit shall not be granted for a tower to be built on speculation. If applicant is not simultaneously installing a personal wireless service facility on the tower, it shall provide a copy of its existing lease/contract with a personal wireless service provider. Said provider shall provide all necessary data to comply with the terms of § 240-81 of the Zoning Law as a part of applicant's application for an F/TSP or the special permit shall not be granted.

(3) Non-tower-mounted PWSF's (structure or rooftop mounted personal wireless service facilities). Structure or rooftop mounted personal wireless service facilities shall meet the following requirements:

(a) They shall not be attached to a one-family to four-family dwelling nor to an accessory building located on a lot containing a one-family to four-family dwelling;

(b) They shall be of a color or material that matches the exterior of the building or structure;

(c) If roof mounted, they shall not exceed a height of 15 feet above the highest part of the structure or building; and

(d) If facade mounted:

[1] They shall not project more than two feet beyond the wall or facade of the building; and

[2] They shall not project more than five feet above the cornice line.

(4) Siting objectives.

(a) Towers and personal wireless service facilities shall be located so as to minimize the following potential impacts:

[1] Visual/aesthetic. Towers shall, when possible, be sited where their visual impact is least detrimental to highly rated scenic and historic areas, including ridge lines, properties listed in the State or Federal Register of Historic Places and scenic roadways.

[2] Diminution of residential property values. To the extent possible, siting shall be in as low population density areas as possible.

[3] Safety. In cases of structural failure and attractive nuisance, towers shall, when possible, not be sited in floodplain zones or special flood hazard areas.

[4] Safety from excessive electromagnetic radiation. In case the tower or personal wireless service facility is found to exceed the FCC guidelines.

[5] Environmental degradation. Towers shall, when possible, be sited to avoid affecting rare or endangered flora and fauna. They should also be sited, when possible, away from wetland areas.

[6] If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees of at least 100 feet in depth (or less if determined by the SPGA to be sufficient) shall be retained as close to the tower as possible, but in all cases there shall be no clearing at a distance in excess of 25 feet in radius from the base of the tower, except where the access drive is located.

(b) The following locations are ranked in order of preference:

[1] Placement in existing structures such as buildings, smokestacks, water towers, silos and ground signs shall be encouraged.

[2] Shared use of existing towers shall be encouraged.

[3] Clustering of towers. Applications for towers adjacent to existing towers shall be encouraged.

[4] The use of land distant from higher density residential properties and where visual impact can be minimized shall be encouraged.

[5] The use of lands in areas of high-density residential properties is the least preferable selection.

(c) No tower or personal wireless service facility, with the exception of repeaters, shall be located:

[1] Closer than 1,500 feet on a horizontal plane to any structure existing at the time of application which is or is able to be occupied or habitable, on the property of any school (both public and private).

[2] Closer than 750 feet on a horizontal plane to an existing dwelling unit or day-care center, hospital, nursing home, church, synagogue or other place of worship.

(5) Fencing. The area around the tower and communication equipment shelter(s) shall be completely fenced and gated for security within an area no greater than 25 feet in radius from the base of the tower and to a height of six feet. Use of razor wire is not permitted.

(6) Signs. There shall be no signs, except the following: A sign of no greater than two square feet indicating the name of the personal wireless service facility's owner(s), a graphic design indicating that radio waves are being emitted from the area as described in FCC OET Bulletin No. 65, Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation (or other most current FCC bulletin), and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other warning signs may be posted on the fence.

(7) Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings should be joined or clustered so as to appear as one building.

(8) New towers shall not exceed the minimum height necessary to provide adequate coverage for the personal wireless service facilities proposed for use on the tower. Applicant may submit a request for additional height to accommodate future sharing and shall provide design information to justify such additional height.

(9) Unless otherwise modified by the SPGA after consideration of the location preferences set forth in § 240-81D(1) and other criteria set forth in § 240-81 of the Zoning Law, towers shall be located at least 1 1/2 times their maximum structural height within the outer boundary of the site on which the tower is located.

(10) Tower finish. Visual mitigation will be provided based on appropriate modeling, photography and other pertinent analytical techniques as required by the SPGA, including, but not limited to, architectural treatment, alternative construction and structural and transmission technology such as antennas attached or disguised as trees or other features.

(11) To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of personal wireless service providers licensed to provide services to the Town of Wappinger and surrounding areas.

(12) If primary coverage (greater than 50%) from proposed personal wireless service facility is outside the Town of Wappinger, then the permit may be denied unless the applicant demonstrates to the satisfaction of the SPGA that the applicant is unable to locate within the Town which is primarily receiving service from the proposed facility.

(13) Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless service facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site.

(14) No tower or personal wireless service facility that would be classified as an obstruction or hazard to air navigation, as defined by the Federal Aviation Regulations (Title 14 CFR), is permitted.

(15) Commercial advertising shall not be allowed on any antenna, tower, accessory building or communication equipment shelter.

(16) The SPGA shall request input from the Chiefs (or their designees) of Fire, Police and other emergency services regarding the adequacy for emergency access of the planned drive or roadway to the site.

H. General requirements for RSP(s).

(1) No repeater shall be located closer than 50 feet to an existing dwelling unit, nor less than 25 feet above ground.

(2) The SPGA may require the use of screening, painting or camouflage to reduce the visual impacts of the repeaters.

(3) Repeaters shall be located so as to have the least possible impact on the views of the residents of the Town of Wappinger.

I. Approval criteria.

(1) In acting on the special permit application, the SPGA shall proceed in accordance with the procedures and time lines established for special permits.

(2) In addition to the findings required by § 240-44 of the Town of Wappinger Zoning Law, the SPGA shall, in consultation with the special consultant(s), make all of the applicable findings before granting the special permit, as follows:

(a) That applicant is proposing to locate its personal wireless service facility or tower within a permitted location.

(b) That the applicant is not already providing adequate coverage to the subject area.

(c) That the applicant is not able to use existing towers/facility sites to provide adequate coverage.

(d) That the applicant has agreed to rent or lease available space on the tower under the terms of a fair-market lease, without discrimination to other personal wireless service providers.

(e) That the proposed tower will not have an undue adverse impact on historic resources, scenic views, residential property values and/or natural or man-made resources.

(f) That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities.

(g) That the proposal shall comply with the most current FCC regulations regarding emissions of electromagnetic radiation as currently found in FCC Regulations, Title 47, Part 1, Section 1.1307, and all other relevant sections. The special permit granting authority shall not regulate the placement, construction or modification of telecommunications towers, antennas and personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC regulations for such emissions; such regulation by the SPGA would be in violation of FCC provisions.

[Amended 9-10-2020 by L.L. No. 3-2020]

(3) Any decision by the SPGA to deny an application for a special permit under § 240-81 of the Zoning Law shall be in conformance with Section 332(7)(B)(ii) and (iii) of the Act [47 U.S.C. § 322] in that it shall be in writing, and supported by substantial evidence contained in a written record.

J. Monitoring and evaluation of compliance.

(1) Compliance certification. Prior to the activation of a new or modified PWSF, the owner(s) of the facility will certify to the SPGA, the Town Engineer and the Building Inspector that the PWSF is in compliance with the most current FCC regulations regarding emissions of electromagnetic radiation as currently found in FCC regulations, Title 47, Part 1, Section 1.1307, and all other relevant sections. Certification shall include site specific calculations showing expected worst case power density levels at the closest publicly accessible point to the PWSF, using the methodology described in FCC OET Bulletin No. 65, Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation (or other most current FCC bulletin). At least once every 12 months, starting from the date of activation, a follow-up report of the certifying compliance (as described above) shall be submitted to the SPGA, the Building Inspector and the Town Engineer.

(2) Excessive emissions:

(a) It shall be a condition of any special permit granted under § 240-81 of the Zoning Law that, if the Town deems it necessary to determine the tower and facility's or repeater's radio frequency emissions and their compliance with FCC regulations, the owner(s) of the facility or repeater site shall pay for an independent consultant hired by the Town to monitor the levels of EMF radiation around the proposed facility and/or repeater site. The independent consultant shall use the monitoring protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the SPGA, the Town Engineer, the Building Inspector and the Town Clerk.

(b) Should this independent monitoring of a facility or repeater site by a licensed independent consultant reveal that the site exceeds the most recent FCC regulations regarding emissions of electromagnetic radiation, currently found in FCC Regulations, Title 47, Part 1, Section 1.1307, and all other applicable relevant sections, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA and the Building Inspector a plan for the reduction of emissions to a level that complies with the FCC standard within 10 business days of notification of noncompliance. That plan shall reduce emissions to the applicable FCC standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as determined by the SPGA. Such fines shall be payable by the owner(s) of the personal wireless service facilities with antennas on the facility site until compliance is achieved.

(3) Structural inspection. It shall be a condition of the special permit that tower owner(s) shall pay for an independent consultant (a licensed professional structural engineer) hired by the Town to conduct inspections of the tower's structural integrity and safety. Towers shall be inspected every five years. A report of the inspection shall be prepared by the independent consultant and submitted to the SPGA, the Town Engineer, the Building Inspector and the Town Clerk. Any major modification of existing facility which includes changes to tower dimensions or antenna numbers or type shall require new structural inspection.

(4) Unsafe structure:

(a) Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant, render(s) that tower unsafe, the following actions must be taken:

[1] Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s).

[2] This plan shall be initiated within 10 days of the submission of the remediation plan and completed as soon as reasonably possible.

(b) Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to fines and penalties as determined by the SPGA. Such fines shall be payable by the owner(s) of the tower until compliance is achieved.

K. Removal requirements. Any personal wireless service facility or repeater which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility or repeater and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility or repeater site shall be remediated such that all personal wireless service facility or repeater improvements which have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed and the facility or repeater site, including any access road(s) which lead to that facility or repeater site from the main access road, shall be revegetated. If all facility or repeater sites have ceased to operate, the owner(s) of the last personal wireless service facility or repeater to leave the site shall revegetate the access road(s) in its/their entirety. Existing trees shall only be removed with the written permission of the SPGA and only if the SPGA determines such removal of trees to be necessary to complete the required removal of personal wireless service facility(ies) or repeater(s).

L. Fees and insurance.

(1) Towers, personal wireless service facilities and repeaters shall be insured by the owner(s) against damage to persons or property. The owner(s) shall provide a certificate of insurance to the SPGA on an annual basis. For towers, facilities and repeaters located on property owned by the Town of Wappinger, the Town of Wappinger shall be an additional named insured.

(2) A schedule of fees for personal wireless service facilities, towers and repeaters permits, renewals, any monitoring of emissions and inspection of structures and any other fees shall be established by the SPGA. This schedule may be amended from time to time.

M. Permit expiration and renewal. Any special permit granted under this action shall lapse if the applicant fails to begin construction on the facility, tower and/or repeater within a one-year period of said grant.

§ 240-81.1 Catalog showrooms for retail sales of off-site inventory.

[Added 7-5-2005 by L.L. No. 8-2005]

A. There shall be no on-site inventory for retail sales.

B. Temporary warehouse storage for the delivery of ordered items may be permitted as an accessory use.

§ 240-81.2 Pet crematoriums.

[Added 10-27-2008 by L.L. No. 7-2008]

A. The pet crematorium shall possess a current and valid license issued in accordance with § 750 of Article 35-C of the General Business Law of New York State.

B. The pet crematorium shall not provide for permanent interment or permanent inurnment of pet remains.

C. The pet crematorium shall not include any facilities for resource recovery as defined in § 27-0701 of the New York State Environmental Conservation Law.

D. The pet crematorium shall not include any disposal facility regulated under Title 15 of Article 27 of the New York State Environmental Conservation Law that is engaged in the incineration of medical waste.

E. A pet crematorium shall not include any facilities which constitute rendering plants licensed pursuant to Article 5-C of the New York State Agriculture and Markets Law.

F. The pet crematorium shall only cremate pets and shall not cremate pets which exceed 150 pounds in weight. Notwithstanding the above, the crematorium may cremate animals which have been struck and killed on roadways ("road kill").

G. All on-site operations, including but not limited to unloading and loading, as well as all facilities and storage, including but not limited to the storage of dead animals, shall be located indoors.

H. The pet crematorium shall comply with the provisions of Article XI, Performance Standards, of this chapter.

I. The Planning Board may impose such conditions as it deems necessary to avoid or minimize odor, noise and other impacts, and impairment of the use, enjoyment and value of property in the area.

J. Parking for the pet crematorium shall be provided as set forth in Article X of this chapter and as required by the Planning Board.

K. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the pet crematorium.

L. Each pet crematorium shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license in accordance with § 750 of Article 35-C of the General Business Law of New York State, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the pet crematorium is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

M. The pet cremains shall be removed from the site on a weekly basis.

§ 240-81.3 Historic house tours, receptions and similar events.

[Added 1-26-2009 by L.L. No. 2-2009]

Regulations for historic house tours, receptions and similar events:

A. The minimum lot area for this use shall be two acres.

B. The home in which the use is proposed shall be listed on the state or federal Register of Historic Places, and all nonresidential activities on the site shall be historic in nature.

C. The exterior appearance of the home shall remain that of a historic one-family residence.

D. The number of persons assembling in the house shall not exceed the fire-rated occupancy of said house. Further, the use shall be required to comply with all applicable Building Code[1] requirements for any proposed indoor assembly.

[1] Editor's Note: See Ch. 85, Building Code Administration.

E. The maximum permitted number of customers on the site at any given time shall be established by the Planning Board as part of its approval of the special permit for the proposed use, based upon factors including, but not limited to, the size of the subject property, the number of parking spaces available to the proposed use, the proximity of neighboring residences, etc.

F. The use may include an accessory gift shop which is available to persons attending events on the site, but the gift shop shall not be open to the general public.

G. The historic use shall be accessory to the principal use of the dwelling for living purposes. Further, the use shall not be permitted on a lot where the dwelling already contains a home occupation, professional home office or studio use.

H. Not more than two full-time nonresident employees, associates or assistants, excluding the owner(s), shall be employed on the premises.

I. The use shall not include any amplified speaking or amplified music. Further, the Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic, odor, noise and other impacts, and the impairment of the use, enjoyment and value of property in the area. The use shall be conducted in such a manner and during such hours that it is not detrimental to the immediate neighborhood. The Board may also require additional landscaping or screening to buffer parking areas from adjoining dwellings.

J. Unless the premises is serviced by a community water or sewer system, approval of the Dutchess County Department of Health for such services shall be obtained prior to issuance of a certificate of occupancy and/or certificate of compliance.

K. There shall be no external evidence or advertising of the business other than one identification sign, not to exceed two sides of two square feet in area per side. The appearance, size and location of the sign shall be subject to the approval of the Planning Board.

L. Parking shall be provided as set forth in Article X and as determined by the Planning Board. Notwithstanding the requirements of Article X, the Board may allow a shared parking arrangement between the subject use and an adjacent nonresidential use, whereby a lesser amount of off-street parking is permitted for the two uses than would otherwise he required, so long as the applicant has demonstrated to the Planning Board that the hours of operation of the two uses will be such that a sufficient amount of parking will be provided for each use.

M. The number of customers coming to the site shall be such that the number of cars does not exceed the number of provided parking spaces.

N. In reviewing and approving the special permit application, the Planning Board may limit the size and frequency of the events to be held.

O. The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

[Amended 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[2]]

[2] Editor’s Note: This local law was adopted as a remedial measure and also stated in Section 10 that any approvals issued under L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered valid notwithstanding the readoption of this law.

P. Approval for the use shall be required to be obtained from the Dutchess County Department of Health, if applicable, for any food preparation services proposed.

Q. This use shall be permitted only where all structures on the premises are in compliance with the Uniform Code of the State of New York and the Town Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until violations of the Uniform Code and Town Code, if any, have been corrected.[3]

[3] Editor's Note: See Ch. 85, Building Code Administration.

R. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the use.

S. Each use shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use is in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the use is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

T. The property owner or proprietor shall occupy the premises as his or her primary residence. Further, the special permit shall be issued to the owner(s) of the property. Should there he a change in ownership, or if the premises is no longer occupied by the owner or proprietor as his or her primary residence, the special permit and the certificate of occupancy for the subject use shall be in need of renewal as per Subsection S immediately above.

§ 240-81.4 Pawnshops.

[Added 5-11-2009 by L.L. No. 5-2009]

A. The pawnshop shall comply with the provisions of Article 5 of the General Business Law of New York State.

B. The pawnshop shall possess a current and valid license issued in accordance with Chapter 99, Collateral Loan Brokers, of the Town Code.

C. The proposed pawnshop shall not be located within 1,000 feet of an existing pawnshop.

D. The Planning Board may impose such conditions as it deems necessary to avoid or minimize impacts and the impairment of the use, enjoyment and value of property in the area of the proposed pawnshop.

E. Parking for the pawnshop shall be provided as set forth in Article X of this chapter and as required by the Planning Board.

F. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the pawnshop.

G. Each pawnshop shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license, in accordance with Chapter 99 of the Town Code, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the pawn shop is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

§ 240-81.5 Boardinghouse or rooming house.

[Added 11-12-2013 by L.L. No. 14-2013]

A boardinghouse or rooming house shall be subject to the following standards or restrictions:

A. The boardinghouse shall contain a total of not more than 16,000 square feet of gross floor area.

B. The minimum area of the lot in the Highway Business (HB) Zoning District shall be one acre.

C. Efficiency units and dwelling units may have a full kitchen consisting of a sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to having only a small refrigerator and a microwave. In approving any special permit for a boardinghouse, the site plan shall specifically indicate the approved numbers and locations of sleeping rooms, efficiencies, one-bedroom dwelling unit, kitchen elements, etc.

D. There shall be no more than one sleeping room or efficiency unit for each 1,500 square feet of lot area in the HB Zoning District. Notwithstanding the above, one one-bedroom dwelling unit for the caretaker of the boardinghouse may be substituted for a sleeping room or efficiency unit.

E. Each sleeping room or efficiency unit shall contain at least 145 square feet of gross floor area including a bathroom.

F. Dutchess County Health Department approval of the water and sewer services shall be required prior to the issuance of any permit.

G. Parking shall be provided as set forth in Article X and as required by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjacent uses.

§ 240-81.6 Microbrewers and microdistillers.

[Added 5-14-2018 by L.L. No. 6-2018]

A. All equipment, materials and activities shall be contained entirely in either fully enclosed buildings or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved, and/or the nature and type of equipment, materials and activities involved, shall be contained entirely in fenced-in areas which are visually screened from all adjoining properties and roadways.

B. The subject use shall not result in the production of any hazardous wastes.

§ 240-81.7 Mixed uses.

[Added 5-14-2018 by L.L. No. 6-2018]

A. Density.

(1) The residential density in a mixed-use development shall not exceed three dwelling units per acre of net lot area devoted to the residential component of the mixed use.

(2) The commercial density in a mixed-use development shall not exceed the maximum floor area ratio (FAR) for the zoning district in which the development is located, based upon the net lot area devoted to the commercial component of the mixed use.

(3) The residential and commercial components of the mixed use shall not, individually or in combination, exceed the maximum density standards of Subsection A(1) and (2) immediately above. Further, the net lot area used to derive density for the residential component of the mixed use shall not be utilized to derive density for the commercial component and vice versa.

B. Minimum residential and commercial components. As measured by net lot area, the mixed use shall be at least 25% residential and at least 25% commercial.

C. Yards. The mixed-use development shall comply with the minimum front, side and rear yard requirements of the RMF-3 Multifamily Residence District.

§ 240-81.8 Off-site parking as accessory use to principal motor vehicle sales establishment use on noncontiguous lot.

[Added 5-14-2018 by L.L. No. 6-2018]

A. The off-site parking shall be screened to the satisfaction of the Planning Board from adjoining uses and roadways, shall be set back 100 feet from all roadways and residential zoning districts, and shall be orderly as shown on a plan approved by the Planning Board.

B. The off-site parking shall only be for new motor vehicles and those which are less than five years old, and said parking shall not exceed 70 vehicles per gross acre.

C. The lot on which the off-site parking is located shall be at least two acres in size and shall be owned or leased by the motor vehicle sales establishment.

D. The area used for the off-site parking shall be surplus relative to any area of the lot occupied by required parking for any use of said lot.

E. The off-site parking shall be for storage only, and no sales or display shall take place on the lot used for the off-site parking.

F. The off-site parking shall be subject to the issuance of a building permit subsequent to special permit and site plan approvals.