Village of Montebello, NY Article XII Special Permit Standards

§ 195-65 Approvals required, conditions.

The uses listed in Article III, § 195-9, Use Table, Column C, are uses by special permit only upon approval by the Planning Board in accordance with the procedures and standards herein. After approval, such uses shall be deemed permitted uses in the districts wherein located, subject to any conditions attached thereto. Pursuant to the provisions of the Municipal Home Rule Law, the Village Board reserves the approval authority for special permits for uses identified as such in Article III, § 195-9, Use Table, Column D. Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Village Board, in considering any application for special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the Village are most efficiently utilized.

§ 195-66 Applications.

[Amended 5-19-2021 by L.L. No. 2-2021]

Application for a special permit pursuant to this chapter shall be on forms prescribed by the Planning Board or the Village Board. Such application shall accompany the application for preliminary or final site development plan approval. The Planning Board or Village Board, at its discretion, may refer an application for a special permit to the Community Development Review Committee for analysis and recommendation on technical issues to assist in its deliberations, according to the procedures of § 195-61. The preliminary or final site development plan and special permit application may be processed concurrently in accordance with Article IX, § 195-47. Fees for special permit application shall be in accordance with the Standard Schedule of Fees of the Village of Montebello.[1]

[1] Editor's Note: The Schedule of Fees is on file in the Village Clerk-Treasurer's office.

§ 195-67 Timetable and public hearing.

[Amended 6-22-2005 by L.L. No. 4-2005]

The Planning Board or Village Board shall provide for public notice and hearing on any application for a special permit. Such hearing shall be scheduled within 62 days of the receipt of all required materials in proper form, and the Board shall decide the matter within 62 days after the close of the hearing, subject to the provisions of SEQRA or required permits. The time periods herein may be extended by mutual consent of the Board and applicant. The Planning Board or Village Board shall approve establishment of such uses upon determining compliance with conditions required by this chapter and, where appropriate, modify the nature or extent of the proposed use and development of the project to be consistent with this chapter or, on negative findings fully set forth in the record, shall deny such use.

§ 195-68 Application procedures.

An applicant for a special permit shall, simultaneously with the filing of such application, file an application for site development plan approval together with appropriate plans, drawings and fee for site development plan review with the Clerk to the Planning Board. Following the granting of such special permit, the application shall be considered by the Planning Board or Village Board for final site development plan approval.

§ 195-69 Decisions.

[Amended 6-22-2005 by L.L. No. 4-2005; 8-15-2018 by L.L. No. 6-2018]

A. The Planning Board or Village Board shall cause to be filed with the Clerk to the Planning Board, the Village Clerk-Treasurer and Building Inspector the decision of the Planning Board or Village Board and shall cause a copy thereof to be mailed to the applicant.

B. Approval of a special permit shall expire within 18 months of the date of approval unless a building permit has been issued for the use by special permit. Such period may be extended on separate application to the Planning Board or Village Board.

C. A special permit use located in a district other than a residential zoning district shall be for an indefinite term, unless otherwise specified in the approval thereof.

D. Approval of a special permit for a use located within any residential zoning district shall remain in effect for two years from the issuance of a building permit and shall thereafter expire unless the following renewal procedure is followed:

(1) The Village shall notify the permit holder of the impending expiration, 90 days prior to any expiration date. No more than 30 days prior to the expiration of the special permit, the permittee shall submit an application for a certificate of compliance from the Building Inspector, who shall inspect the special permit use within 14 days to ensure compliance with the conditions of the special permit. If all of the conditions of the special permit have been met, the certificate of compliance shall be issued by the Building Inspector and the Building Inspector shall then extend the term of the special permit for five years. After the first renewal, subsequent renewals shall be required every five years under the same procedure as the initial renewal. Applications for renewal shall be made prior to expiration and no renewal shall be made nunc pro tunc.

(2) In the event the Building Inspector denies the certificate of compliance, the applicant may submit an application for renewal of the special permit to the Planning Board pursuant to the procedures and standards of this article governing a new special permit within 60 days of the notice of denial. The original special permit shall expire at the time that the Planning Board renders its decision on the application for special permit renewal. In the event the Planning Board approves the application for special permit renewal, the renewed special permit will be considered as a new special permit and will be subject to an initial two-year term as required by § 195-69D. In the event the application for special permit renewal is denied, the original special permit shall expire.

E. Special permits and conditional use permits shall expire after the time periods indicated, regardless of whether expiration notices have been sent by the Village or received by the permit holder. If any special permit expires, the permittee may reapply for a new special permit to the Planning Board, pursuant to the procedures and standards of this article.

§ 195-70 Appeals.

Any person aggrieved by any decision of the Planning Board or Village Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days after the filing of a decision in the office of the Village Clerk-Treasurer.

§ 195-71 General conditions.

Prior to approving any special permit the Planning Board or Village Board shall determine the conformity of such use and the proposed development therefore with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board or Village Board may adopt additional rules and regulations pursuant to Article XX of this chapter. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for special permit approval are as follows:

A. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.

B. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.

C. The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.

D. The proposed use will not require such additional public facilities or services, or create such fiscal burdens upon the Village greater than those which characterize uses permitted by right.

E. As a condition of all special permits, right of entry for inspection with reasonable notice shall be provided to determine compliance with the conditions of said permit.

F. As a condition of all special permits, a time limitation may be imposed.

G. In addition to the general standards for special permits as set forth above, the Planning Board or Village Board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on days or hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.

§ 195-72 Schools of general instruction, schools of special instruction, dormitories.

[Amended 8-15-2018 by L.L. No. 6-2018]

A. Schools of general or special instruction. The bulk standards for schools of general or special instruction as indicated in Column C-1 of the Table of General Use Requirements, Use Group N, shall apply, except for minimum lot area and side and rear setbacks, which shall be calculated as in § 195-72A(1) below.

(1) Minimum lot area for schools of general or special instruction.

(a) Minimum lot area based on maximum enrollment. Based upon maximum enrollment capacity, the required minimum lot area shall be 120,000 square feet for schools with 100 students or less, with an additional required minimum lot area of 50,000 square feet added for each additional increment of 50 students, or part thereof. For the purposes of this section, "maximum enrollment capacity" shall be defined as the number of students that a special permit applicant discloses as the maximum that can be accommodated within all proposed school structures and that will serve as the maximum number that may be enrolled at any time for the term of that special permit including any renewals thereof.

For example, Viola School has an enrollment of 368 students, and is located on a ten-acre lot. Under this code, a school with a maximum enrollment capacity of 368 students would be rounded up to 400 students, and require 120,000 square feet for the first 100 students and 300,000 square feet (300/50 x 50,000 square feet) for the next 268 students for a total minimum lot area of 420,000 square feet or 9.6 acres.

Suffern High School has an enrollment of 1,494 students and is located on a forty-nine-acre lot. Under this code, a school with a maximum enrollment capacity of 1,494 students would be rounded up to 1,500 students and require 120,000 square feet for the first 100 students and 1,400,000 square feet (1,400/50*50,000 square feet) for the next 1,400 students for a total minimum lot area of 1,520,000 square feet or 34.9 acres.

(b) Furthermore, an additional minimum lot area requirement shall be required to be added to the amount required in Subsection A(1)(a) above, if a dormitory is added to the site as an accessory use to the principal school use. An additional 1,800 square feet of required minimum lot area shall be required for each dormitory bed on the school site.

For example, a 368 student school with a dormitory containing 200 dormitory beds would require 420,000 square feet as in the example above for the school plus an additional 360,000 square feet (200* 1,800 square feet) for the dormitory for a total minimum lot area of 780,000 square feet or 17.9 acres.

(c) For schools of general or special instruction, the required side and rear setbacks and yards in Use Group N shall be increased as follows:

Side setback (feet)	50
Side yard (feet)	25
Rear setback (feet)	45
Rear yard (feet)	30

(2) Design requirements for schools of general or special instruction:

(a) Architectural review. All applications for schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(b) Usable open space. The school of general or special instruction shall include at least one outdoor area of distinctive design with a minimum area of 10% of the minimum lot size as calculated in Subsection A(1) above, which purpose is for recreation use by students, to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution. The usable open space shall be linked to an on-site pedestrian walkway network. Usable open space shall not be located within a required yard.

(c) Lighting. Outdoor lighting shall be limited to that necessary for operational reasons, and shall be so designed as to be compatible with surrounding land uses, and in compliance with the site development plan specifications in Chapter 146. The applicant shall provide a lighting plan showing that exterior lighting will be directed away from adjoining properties, streets, highways and roads.

(d) Utilities. All utilities shall be installed underground or within buildings.

(e) Landscaping. Applicant shall prepare and receive approval for a landscaping plan addressing the following subjects:

[1] All portions of the project site not used for impervious surfaces shall be attractively landscaped or left in a natural condition.

[2] Landscape buffer area. Except where the Planning Board finds that existing vegetation to remain along the property boundary provides adequate visual screening, a minimum twenty-foot-wide landscaped buffer area shall be provided along all property lines, excluding the front line, and access points. The required landscaped buffer area shall be densely planted with a mixture of shrubs, trees not less than six feet high and/or berms, which will create an opaque screen on a continuing basis through all seasons. The required landscaped buffer area may be incorporated into the required yards or setbacks. The Planning Board also may require that a fence be added as necessary to effectuate the screening, but such a fence shall be in addition to and not relieve the need for the required landscaped buffer area plantings.

[3] All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level.

[4] Planting shall not interfere with the normal sight distance needed for safe entering and exiting maneuvers by motor vehicles.

(f) Parking and internal roadway requirements:

[1] Parking for schools of general or special instruction shall be provided as set forth in the Table of General Use Requirements Column F.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.

[1] Editor's Note: The table is included as an attachment to this chapter.

[2] All on-site drives and parking areas shall be constructed according to Article VII of this chapter.

[3] Where a parking structure is proposed, the Planning Board shall consider the effects of the proposed structure in terms of traffic and environmental concerns, such as noise, air quality and headlight glare, particularly the effects on any proximate residential properties, and shall require landscaping, fencing or other measures to mitigate any adverse effects. Parking structures shall only be incorporated into a site plan to achieve the objectives of this chapter, including, but not limited to, preservation of open space and reduction of building coverage.

[4] Parking lot landscaping. One shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.

(g) Other traffic and transportation requirements.

[1] Regulation of faculty and staff arrival and departure times in both a.m. and p.m. hours shall be established for schools of general or special instruction as necessary to mitigate vehicle trips in the a.m. and p.m. peak hour. The Planning Board may require the applicant to coordinate timing of such arrival and departure times with schools in the vicinity to the extent practicable in order to avoid conflicts.

[2] For schools of general or special instruction, the applicant shall submit documentation necessary to evaluate the need for each of the following:

[a] Traffic control signals;

[b] Crosswalks;

[c] Speed humps; and

[d] Other changes in roads and traffic signals related to changes in traffic activity.

[3] The entrance points for pedestrian/bicycle paths shall be signed indicating the need for bicyclists to share the path and properly yield to pedestrians that are present.

[4] A traffic circulation and parking plan shall be provided prior to the issuance of a special permit, and shall be based upon the maximum student capacity and traffic characteristics of the school of general or special instruction. The plan shall provide the following information to the Village Building Department on an annual basis:

[a] Bus circulation and traffic patterns expected to be generated by the school of general or special instruction;

[b] Demonstration that bus circulation and traffic patterns shall not cause cars or buses to queue on public or private roads at peak hours;

[c] Maximum student enrollment capacity and attendance policies;

[d] Numbers of full-time and part-time faculty and staff, with attendance policies and parking locations and requirements;

[e] If applicable, requirements for parental compliance with busing and driving policies;

[f] If applicable, community residence of students and whether busing is provided by home district, and for what grades;

[g] List of locations of bus drop-offs other than campus and how students reach campus;

[h] List of exceptions to bus ridership and number of students receiving exemption for each year;

[i] If applicable, number and size of buses transporting students by grade;

[j] Number of students riding buses by grade; and

[k] Number of student drivers authorized and any limitations thereto, with parking locations and requirements.

[5] All construction of internal roadway improvements shall be completed prior to the issuance of any temporary or permanent certificate of occupancy.

[6] All on and off-site traffic improvements required by the special permit use criteria for this use shall be undertaken at applicant's sole cost and expense.

(h) Water. Each applicant shall demonstrate that there is sufficient water capacity for the project and shall supply a potable water delivery system capable of meeting both the domestic water and emergency firefighting needs of the facility.

(i) Signs. Signs shall be permitted for schools of general or special instruction in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.

[Amended 2-15-2023 by L.L. No. 1-2023]

(j) Other conditions and safeguards. The Planning Board shall attach such other conditions and safeguards to the special permit as are necessary for the protection of the health, safety and welfare of the community, and to assure continual conformance with the intent of this chapter.

(3) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for schools of general or special instruction herein up to 3%, for good cause shown.

B. Dormitories. Dormitories are permitted only as accessory uses to schools of general or special instruction, and only shall be permitted as part of a special permit for such a school, subject to the following supplemental requirements below:

(1) Bulk requirements. Bulk requirements in each zoning district for dormitories shall be determined by the use group indicated for the principal school of general or special instruction use, as indicated in Column C-1 of the Table of General Use Requirements, and as defined in the Table of Bulk Requirements,[2] with the modifications below:

(a) The required minimum lot area for a dormitory shall be provided according to § 195-72A(1)(b) above.

(b) The minimum distance between a dormitory and any other building on the lot shall be 50 feet.

(c) The minimum distance between any dormitory and any interior driveway shall be 25 feet.

(d) The maximum height of any dormitory shall be the same as the requirement for a one-family detached residence in the district where the dormitory is located.

(e) The dormitory buildings, and any dining halls serving such, shall, in combination, contain not more than 35% of the gross floor area of all buildings on the entire school site.

[2] Editor's Note: Said tables are included as attachments to this chapter.

(2) A dormitory shall be permitted only in habitable floors of a structure as defined by the New York State Uniform Fire Prevention and Building Code.

(3) All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with the New York State Uniform Fire Prevention and Building Code.

(4) Parking for dormitories shall be provided in addition to the parking required for the school of general or special instruction in the Table of General Use Requirements Column F.[3] One parking space shall be provided for every four dormitory beds for elementary and secondary schools and for every two dormitory beds for postsecondary schools. This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.

[3] Editor's Note: The table is included as an attachment to this chapter.

(5) Lighting and landscaping.

(a) All required outdoor lighting standards shall be the same for dormitories and the principal school use, as set forth in Subsection A above.

(b) Required screening and landscaped buffer areas shall be the same for dormitories and the principal school use, as set forth in Subsection A above.

(6) Occupancy standards. Dormitory units shall only be occupied in accordance with the limitations set forth in this section. The school of general or special instruction shall provide annual reports to the Village Building Department demonstrating compliance.

(a) Occupancy of a dormitory unit shall be limited to full-time students and full-time student supervisors, as defined by this chapter. Full-time student supervisors shall not exceed 10% of the total of dormitory occupants. There shall be no more dormitory beds accessory to any school of general or special instruction than are reasonably required to accommodate the school's maximum capacity of full-time students and their full-time student supervisors, as required under law.

(b) If a person ceases to be eligible for occupancy, said person shall vacate the dormitory within 30 days.

(c) No dormitory unit or structure housing a dormitory unit shall be sold in fee-simple or as any other interest in real or personal property, or otherwise subdivided from the school of general or special instruction use, nor shall any full-time student or full-time supervisory staff be permitted to independently rent, sublet, lease or otherwise grant permission to any other individual to reside in the dormitory.

(7) Solid waste disposal. Central refuse collection areas shall be located for the convenience of all dormitories. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance. Such areas shall not be located in the required front yard.

(8) Architectural review. All applications for dormitories accessory to schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

(9) Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for dormitories herein up to 3%, for good cause shown.

§ 195-73 Hotels and motels.

A. Hotel and motel units shall not contain kitchen facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one hotel or motel unit for each 1,400 square feet of site area exclusive of required setbacks.

B. Each hotel or motel room shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with shower or bath, one toilet facility and sink. No motel or hotel building shall exceed a height of three stories or 30 feet, whichever is less.

C. The following accessory uses shall be permitted:

(1) One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and family within the motel building.

(2) One coffee shop for hotels or motels with no more than 100 rooms. For hotels or motels of over 100 rooms, a restaurant and a coffee shop are permitted. Such facilities shall be located within the hotel or motel building.

(3) Amenities, amusements and sports facilities for the exclusive use of hotel guests, including:

[Amended 2-19-2020 by L.L. No. 1-2020]

(a) Swimming pool, saunas or steam rooms.

(b) Children's playground.

(c) Tennis and other game courts.

(d) Game or recreation rooms.

(e) Spa or massage treatment rooms.

(4) Office and lobby, provision of which shall be mandatory for each hotel or motel.

(5) Meeting, banquet and/or conference rooms.

D. All hotels and motels shall be equipped with sprinkler and fire alarm systems in accordance with the New York State Uniform Fire Prevention and Building Code.

§ 195-74 Animal hospitals; veterinary clinics.

[Amended 4-18-2018 by L.L. No. 2-2018]

A. Animal hospitals and veterinary clinics. A building or structure may be used as an animal hospital or veterinary clinic in accordance with Article III, § 195-9, Use Table, and shall be conducted in accordance with the following general standards:

(1) The animal hospital or veterinary clinic shall not create a hazard to health, safety or general welfare and shall conform to all applicable federal, state, county and local health and safety codes.

(2) The animal hospital or veterinary clinic shall not keep animals overnight.

(3) No outdoor exercise areas, pens or kennels shall be permitted.

(4) The building shall be constructed with sufficient internal sound-absorbing materials so as to minimize noise emanating from the premises.

(5) Any odors which are emitted from the building shall be mitigated or dispersed in a manner which will minimize their impact.

(6) The building shall provide space for waiting room, doctors' offices, operating room, holding of animals, storage and administrative functions.

(7) The Planning Board shall review and approve any facilities for storage or disposal of animal cadavers or medical waste as part of the special use permit application process. Such disposal shall conform to all applicable health and safety codes.

(8) The facility shall maintain a covered outdoor trash receptacle and bag dispenser for use by persons whose animals defecate entering or exiting the structure. Additionally, there shall be signs prominently posted prohibiting the walking of animals outdoors on or around the property. At least once per day, the operator shall patrol the entire site for fecal matter and urine and dispose of fecal matter and clean and deodorize any surfaces as necessary to minimize odors on the site.

(9) All trash stored outside shall be in fully enclosed dumpsters, and no dumpster used for the disposal of fecal matter shall be located within any required yard or be located closer than 100 feet to any residence or closer than 50 feet to any residentially zoned lot. Trash in dumpsters shall not exceed capacity so as to result in lids not sealing.

(10) The facility shall employ an exterminator to regularly monitor and remediate any vermin infestations on the site, especially in and around outdoor areas and dumpsters.

§ 195-75 Stables and riding academies.

A. One stable shall be provided for each horse housed on the site, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Screening at least 75 feet in width shall be required between such use and any nonagricultural use.

B. Public events, demonstrations, horse shows, rodeos and competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setback and shall conform to Article IV, § 195-13, Bulk Table.

§ 195-76 Camps and recreational facilities.

A. The Planning Board may permit camps, day camps, and recreational facilities upon terms and conditions limiting the periods of operation.

(1) Access to such facilities shall be limited to improved state, county, town or Village roads shown as major roads on the Official Map. Such facilities shall be adequate to preclude the necessity of pedestrian traffic outside the approved facility, except for travel within a state or county park or parkway.

(2) Camps and day camps may include such structures as bungalows, tent stands and cottages, provided that no heating or plumbing facilities are installed that permit residential year-round occupancy. Covenants precluding such occupancy shall be recorded in the County Clerk's office.

(3) Camps and day camps shall not be deemed to include any trailer or recreation vehicle campers' facilities, nor shall accommodations of any sort be offered for transient or overnight camping.

B. Swimming clubs or swimming pools shall be classified and located as follows:

	Type of Pool (class)	Maximum Area (square feet)	Minimum Setback from Any Property Line (feet)
	A	Over 3,500	200
	B	Over 2,500	175
	C	Over 1,500	150
	D	1,500 or less	100

C. All recreational facilities shall comply with the minimum setback requirements of Article IV, § 195-13, Bulk Table.

D. Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property.

E. Noise. A public-address system or any other amplified noises are prohibited.

F. Parking. All parking areas and spaces shall have dustless surfaces.

G. Enclosed buildings. Facilities such as casinos and recreational halls shall be located within completely enclosed buildings.

§ 195-77 Senior citizen housing developments.

The standards for senior citizen housing developments shall be as follows:

A. It shall be the duty of the owner or his agent to file a certification with the Building Inspector indicating compliance with this chapter's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year.

B. No more than 15% of the dwelling units shall be two-bedroom units. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may be provided which shall consist of no more than three bedrooms.

C. Except for the superintendent and family, the occupancy of a senior citizen housing development shall be limited to single persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidy or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 60 years.

D. Within the senior citizen housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be expressly approved by the Planning Board. Approval of a special permit and site development plan for dwelling units in a senior citizen housing development in no way constitutes approval for installation of any type of related facility.

E. The gross site density shall not exceed 20 units per acre.

F. The development coverage shall not exceed 40%, including buildings, walks, parking areas and driveways. Parking areas above the ground floor, if any, within a building shall not be counted in computing said coverage. Building coverage shall not exceed 20%.

G. The minimum distance between detached buildings shall be 50 feet.

H. Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

I. There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

J. Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance.

K. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (Article VII, § 195-29A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.

L. The required side and/or rear yard may be decreased to 10 feet where abutting another senior citizen housing development.

§ 195-78 Nursery schools.

No nursery school shall be operated during the months of July and August unless it meets with the requirements of a day camp as specified in this chapter, except for any school operated with a number of children no greater than the average attendance throughout the regular school year and without use of an outdoor swimming facility or pool.

§ 195-79 Residential gathering places and places of worship. [1]

[Added 8-15-2018 by L.L. No. 6-2018]

[1] Editor's Note: Former § 195-79, Contractor's storage yard, was repealed 2-23-2005 by L.L. No. 2-2005.

§ 195-79.1 Residential gathering places.

[Added 8-15-2018 by L.L. No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]

A. The building containing the residential gathering place shall comply with all applicable zoning code provisions of the Village of Montebello for a one-family detached residence, and with the requirements of all applicable fire and building codes of New York State, and shall be accessory to the principal use as a single-family residence.

B. Only habitable spaces within structures in compliance with all applicable fire and building codes may be utilized for a residential gathering place. Gatherings shall not be held in temporary structures, outside of the residence building or permanent accessory structures, more than three times per year, nor for a duration of longer than 10 days.

C. The maximum occupancy of the residential gathering place shall be in accordance with the definition of "gathering place, residential," as set forth in § 195-124.

D. The maximum floor area of the residential gathering place shall be in accordance with the definition of "gathering place, residential," as set forth in § 195-124.

E. Notwithstanding any other provision of this chapter, only those accessory uses permitted as of right to a one-family detached residence shall be allowed at a residence with a residential gathering place. Where accessory uses are proposed that are not permitted as of right to a one-family detached residence, the use shall no longer be considered for issuance of a special permit for a residential gathering place under this chapter.

F. The required number of parking spaces for a residential gathering place shall be determined by Column F of the Table of General Use Requirements.[1] Parking shall be provided for both the residence and the gathering place area, according to the table. This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A. All required parking spaces shall be provided on the lot on which the residential gathering place is located.

[1] Editor's Note: The table is included as an attachment to this chapter.

G. No parking or loading shall be permitted between the structure and any street line on which the property fronts.

H. All outdoor lighting shall be shielded in a manner to direct lighting away from adjacent properties and the public street. Exterior lighting shall be limited to the minimum requirements by code for safety and shall comply with the site development plan specifications in Chapter 146.

I. The Planning Board shall require adequate screening in the required rear and side yards, to protect the character and compatibility of adjacent uses. Screening can consist of a wall, fence and/or plantings as approved by the Planning Board.

J. Except as set forth in § 195-79.1B above, the Residential Gathering Place use shall be conducted entirely within a completely enclosed structure, which use is incidental and accessory to the use of the residence for dwelling purposes, does not change the architectural character thereof, and is consistent with the residential zoning district involved. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

K. No regularly scheduled assembly may be held between the hours of 11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.

L. No space within the residential gathering place may be rented out to or utilized for meetings or functions not directly convened or hosted by the residents of the principal one-family detached residence.

M. One sign is permitted which shall meet the standards for a home occupation sign as set forth in § 195-82A. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.

[Amended 2-15-2023 by L.L. No. 1-2023]

N. Outdoor recreational facilities and/or use of outdoor areas shall be limited to those customarily incidental and subordinate to a residential use and shall be used in a manner consistent with the residential character of the neighborhood.

O. The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the residential gathering place from adjacent residential properties, outdoor lighting, and other conditions of use of the residential gathering place as, in the judgment of the Board, are necessary for the residential gathering place to be able to operate in a manner that is consistent with public safety and neighborhood character.

P. Any kitchen facilities shall be in scale or type as is customarily incidental to a one-family detached residence. No catering facilities are permitted.

Q. A narrative summary shall be submitted to the Planning Board, providing the maximum anticipated number of persons to be assembled, square footage of the assembly spaces, days and hours of assembly, and number of parking spaces provided.

R. Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for residential gathering places herein up to 3%, for good cause shown. Any variation of bulk provisions greater than 3% shall be referred to the Zoning Board of Appeals.

§ 195-79.2 Neighborhood places of worship.

[Added 8-15-2018 by L.L. No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]

A. A building containing a neighborhood place of worship shall comply with all applicable provisions of the zoning code of the Village of Montebello and all applicable fire and building codes of New York State.

B. A neighborhood place of worship may include a single residential dwelling unit, but occupancy of the unit shall be limited to clergy and their families. Such a single residential dwelling unit shall be considered an accessory use and shall not require any additional minimum lot area.

C. For neighborhood places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory uses such as classrooms, social halls, administrative offices, baths, gymnasiums and/or indoor recreation facilities may be provided, so long as such accessory uses in their aggregate shall be subordinate to the size and function of the neighborhood place of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction established at the site of a neighborhood place of worship shall not be considered as accessory to the neighborhood place of worship, but rather as an additional principal use.

D. The required number of parking spaces for a neighborhood place of worship shall be determined by Column F of the Table of General Use Requirements.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.

[1] Editor's Note: The table is included as an attachment to this chapter.

E. No parking or loading shall be permitted between the structure and any street line on which the property fronts, although a drop-off or porte cochere shall be permitted in the front yard. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from any adjacent residential properties and the public street.

F. All outdoor lighting shall comply with the site development plan specifications in Chapter 146 and be shielded in a manner to direct lighting away from adjacent properties and the public street.

G. The application for a neighborhood place of worship shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

H. A minimum twenty-foot-wide landscaped area shall be provided along all property lines, excluding the front line, and access points. The landscaping shall incorporate plantings, berms, and such other elements as are necessary to screen the facilities.

I. No regularly scheduled assembly may be held between the hours of 11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly scheduled" shall mean occurring in greater frequency than three times per calendar year.

J. To maintain the character of the use as a neighborhood place of worship, attendance at any services, wedding receptions or other social or religious functions for congregants held at the neighborhood place of worship shall be limited to available on-site parking.

K. Signs. Signs shall be permitted for neighborhood places of worship in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.

[Amended 2-15-2023 by L.L. No. 1-2023]

L. Outdoor recreational facilities and/or use of outdoor areas shall be limited to those customarily incidental and subordinate to a residential use and shall be used in a manner consistent with the residential character of the neighborhood.

M. The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the neighborhood place of worship from adjacent residential properties, outdoor lighting, and other conditions of use of the neighborhood place of worship as, in the judgment of the Planning Board, are necessary for the neighborhood place of worship to be able to operate in a manner that is consistent with public safety and neighborhood character.

N. No cooking facilities will be permitted, other than warming kitchen equipment for use by the clergy and/or congregants of the neighborhood place of worship and any kitchen equipment for exclusive use of residents of a residential dwelling unit. No kitchen equipment designed for large scale food preparation shall be permitted.

O. A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

P. Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for neighborhood places of worship herein up to 3%, for good cause shown.

§ 195-79.3 Community places of worship.

[Added 8-15-2018 by L.L. No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]

A. A building containing a community place of worship shall comply with all applicable provisions of the zoning code of the Village of Montebello and all applicable fire and building codes of New York State.

B. No parking or loading shall be permitted between the structure and any street line on which the property fronts, although a drop-off or porte cochere shall be permitted in the front yard. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from all adjacent residential properties and the public street.

C. Parking lot landscaping. One shade tree designed to reach a mature height of at least 20 feet shall be planted for every 12 parking spaces.

D. Landscape buffer area. A minimum twenty-foot-wide landscaped area shall be provided along all property lines, excluding the front line, and access points. The landscaping shall incorporate plantings, berms, and such other elements as are necessary to screen the facilities.

E. A community place of worship may or may not include a single residential dwelling unit, but occupancy of the unit shall be limited to clergy and/or their families. Such a single residential dwelling unit shall be considered accessory and shall not require any additional minimum lot area.

F. All outdoor lighting shall comply with the site development plan specifications in Chapter 146 and shall be shielded in a manner to direct lighting away from adjacent properties and the public street.

G. The application for the community place of worship shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.

H. For community places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions such as religious schools, social halls, administrative offices and indoor recreation facilities may be provided, so long as such facilities and functions shall be subordinate in aggregate to the size and function of the community place of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction, as defined in § 195-124, Definitions, established at the site of a community place of worship shall not be considered as accessory to the community place of worship, but rather as an additional principal use.

I. On-site parking shall be provided according to the standards indicated in the Table of General Use Requirements, Column F.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.

[1] Editor's Note: The table is included as an attachment to this chapter.

J. Attendance at any services, wedding receptions or other social or religious functions held at the community place of worship shall be limited to the capacity of the community place of worship as determined by the applicable building codes of New York State, as well as the available on-site parking, unless a parking management plan (PMP) is provided. Such events demanding parking in excess of the on-site parking provided shall require a PMP to be submitted for approval by the Planning Board as part of the special permit application establishing a community place of worship, pursuant to the requirements set forth below. The PMP shall be used to address parking demand during the maximum projected attendance at the maximum building capacity, for holy days or other large, planned events for the particular place of worship making the application. Such PMP shall be provided to the Ramapo Police Department, the applicable Fire Department and the office of the Montebello Village Clerk. If a PMP is required as part of the special permit process, the applicant shall address the following:

(1) Designated off-site parking areas. The applicant shall submit a fully executed written agreement between the applicant and one or more providers of a location for off-site parking;

(2) The applicant shall indicate implementation of group travel to and from the off-site parking locations by the use of shuttle vehicles;

(3) The applicant shall use traffic control measures such as the hiring of an off-duty police officer and/or volunteers to facilitate pedestrian flow, as well as on-site and off-site traffic;

(4) The applicant shall provide a notification process to notify patrons of the community place of worship and others regarding the locations of off-site parking areas to be used;

(5) The applicant shall indicate a method of pre-event registration to obtain a ticket before the holiday or event to use the on- or off-site parking facilities; and

(6) In the event that off-site parking areas are not available to accommodate the full capacity of the community place of worship, methods to limit the number of event attendees to the number of attendees that can be accommodated in the on-site parking area or at any available off-site locations by utilization of a pre-event registration system and distribution of tickets to registered persons that will be submitted upon arrival at the site on the day of the event.

(7) Existing community places of worship in existence prior to the adoption of this section shall submit a PMP for large events to the Planning Board within one year of adoption.

K. Signs. Signs shall be permitted for community places of worship in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.

[Amended 2-15-2023 by L.L. No. 1-2023]

L. The Planning Board may impose such additional restrictions and conditions on the location of parking spaces, landscaping and/or fencing to screen the community place of worship from adjacent residential properties, outdoor lighting, and other conditions of use of the community place of worship as, in the judgment of the Planning Board, are necessary for the community place of worship to be able to operate in a manner that is consistent with public safety and neighborhood character.

M. Kitchen equipment designed for large scale food preparation shall be permitted, in compliance with all plumbing, electrical, fire, health and safety codes. Such equipment shall be utilized only for the preparation of foods to be served on site.

N. A narrative summary shall be submitted, providing the anticipated number of congregants, square footage of the sanctuary and other dedicated spaces, days and hours of services, and number of parking spaces provided.

O. Bulk provision waiver. The Planning Board shall have the authority, consistent with the purposes of this chapter and upon finding that the waiver shall not result in danger to the health, safety and general welfare of the community, neighborhood or area residents, to waive any bulk provision for community places of worship herein up to 3%, for good cause shown.

§ 195-80 Housing developments for the physically handicapped.

A. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for a superintendent may be provided which shall consist of no more than three bedrooms.

B. Except for the superintendent and family, the occupancy of a housing development for the physically handicapped shall be limited to single persons who qualify as physically handicapped under present, future or amended definitions of the governmental agency providing subsidy or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is not physically handicapped, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant.

C. Within the housing development, certain related accessory facilities may be permitted either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no exterior advertising. Such facilities shall be expressly approved by the Village Board. Approval of a special permit and site development plan for dwelling units in a housing development for the physically handicapped in no way constitutes approval for installation of any type of related facility.

D. The gross site density shall not exceed 10 units per acre.

E. The minimum distance between detached buildings shall be 1 1/2 times the taller building.

F. Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

G. There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to the needs of the physically handicapped; such facilities shall be adequately lighted and said lighting shall not be directed on adjacent streets or properties.

H. Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.

I. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line; these dimensions may be reduced by the Planning Board upon site plan approval where local conditions warrant. Such areas between said facilities and lot lines shall be landscaped with suitable screening.

J. The front yard depth may be reduced by the Planning Board upon site development plan approval where local conditions warrant and substitute measures are provided for the protection of neighboring properties.

§ 195-81 Affordable housing developments.

A. Standards. Single-family attached housing consisting of a building or buildings, provided the following:

(1) The maximum lot size for an affordable housing development shall be no larger than 20 acres.

(2) The maximum gross density shall be five dwelling units per one acre.

(3) No building shall exceed 150 feet in length, and each shall be provided with a minimum five-foot offset at a maximum of every 50 feet of length. This offset shall include the roof lines.

(4) No building shall contain more than six attached units.

(5) The minimum distance between each residential building or buildings within the development shall be 50 feet.

(6) There shall be provided, in the same lot, suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval in accordance with Article IX.

(7) The lot shall have access to a county or state road.

(8) Each attached unit shall be owned in fee-simple ownership, shall be owner-occupied, and all common areas shall be maintained by a homeowners' association, membership in which shall be mandatory for all unit owners.

(9) A minimum distance of 40 feet shall be provided between any residential unit in this district and any nonresidential district boundary line.

(10) Off-street parking areas and service yards shall be suitably landscaped to assure an attractive development.

(11) The parcel shall be served with central sewer and central water facilities.

(12) Two off-street parking spaces shall be provided per dwelling unit. An additional 1/2 parking space per dwelling unit shall be provided for visitor parking to be accommodated in visitor parking areas.

(13) Each unit shall be provided with a private outdoor patio area.

(14) The requirements of use group "w" in the Table of Bulk Requirements, Part I, regulate the individual single-family units permitted in an affordable housing development.

B. Determination of need. As part of the environmental review of any special permit application, the Village Board shall make a determination that there is a need for the proposed number of units of affordable housing to serve the Montebello residents and members of their families, members of volunteer emergency service agencies serving Montebello residents, Town employees, and Ramapo Central School District and Good Samaritan staff and employees.

C. Affordability. All dwelling units constructed in the R-AH District shall be affordable to moderate-income residents.

(1) Moderate income: the levels of income, designated from time to time by resolution of the Village Board, which prohibit or severely limit the financial ability of residents to purchase housing in the Village of Montebello, based on experience in the housing market in the Village, and which require the type of moderately priced housing intended to be developed under provisions of this district. For purposes of this district, the levels of gross family income designated as moderate income shall be determined by the Village Board. In making such determination, the Village Board shall consider, among other factors, family size and number of dependents, income of all wage earners in the family and sources of family income. As a general guide, moderate income shall not be more than 80% of the median family income (based on family size) in the Village of Montebello, but may be less.

(2) The sale price of housing for single-family dwelling units, including closing costs and fees, shall not exceed the applicable maximum sales price as established from time to time by resolution of the Village Board. These sales prices shall be based upon the understanding that the purchaser's monthly costs for housing (mortgage, insurance, taxes, utilities and maintenance charges) shall not exceed 30% of the maximum gross monthly income for the average monthly income of a moderate-income family.

D. Restriction on sale and subsequent resale.

(1) Every purchaser of a moderately priced dwelling unit shall certify, on a form prescribed by the Village, that he/she is acquiring said unit for his/her primary place or residence. Purchasers of moderately priced dwelling units shall not be permitted to lease said units to other parties, this being enforced by a deed restriction. No developer shall sell any unit without first obtaining such certificate from the purchaser.

(2) Moderately priced dwelling units constructed or offered for sale in this district may be sold at any time following the date of original sale. However, the sale price shall not exceed a price that equals the original purchase price plus the increase in the cost of living for the region as determined by the United States Department of Labor's consumer price index between the date of original purchase and the date of resale, plus a fair market value for improvements made to the unit. A covenant shall be recorded with the Rockland County Clerk's office which shall give the Village the right to approve or disapprove the subsequent sale of the unit based on the income characteristics of the proposed purchaser.

E. Administration.

(1) Following the approval of a development, under the provisions of this district, by the Planning Board, the Village Board shall be responsible for the administration of the requirements of this district. The Village Board shall also be responsible for the promulgation of such rules and regulations as may be necessary to implement such requirements. The Village Board shall retain discretion to contract for any aspect of administrative or consulting services relating to administering any of the affordability aspects of the program, or may decide to control the process entirely within the Village by, for example, the formation of and appointment of a board or commission.

(2) The Village shall certify as eligible all applicants for the moderate-income dwelling units.

(3) The Village shall, following irregular program advertisements, maintain a list of preliminary eligible applicants.

F. Eligibility priorities. Moderate-income families applying for moderate-income units shall be selected on a first-come-first-served system, and the following categories or priority, in order of priority, shall be utilized:

(1) Residents of the Village of Montebello at the time of application and their family members who, at one time, resided with such residents within the Village.

(2) Persons employed at the time of application by the Village of Montebello, the Town of Ramapo, the Ramapo Central School District or Good Samaritan Hospital. Volunteers in good standing at the time of application serving the Ramapo Valley Ambulance Corps or the Tallman Volunteer Fire Company and who have served the same for three or more continuous years. Law enforcement officers employed at the time of application by the Rockland County Sheriff's Department or as New York State Troopers.

(3) Parents and siblings of Montebello residents at the time of application or of the deceased spouses of such residents. Former residents of the Village of Montebello with relatives currently residing within the Village.

(4) Persons employed in the Village of Montebello at the time of application. Law enforcement officers residing within the County of Rockland at the time of application or employed as law enforcement officers within the County of Rockland at the time of application. Volunteers in good standing at the time of application serving the Ramapo Valley Ambulance Corps or the Tallman Volunteer Fire Company and who have served same for one or more continuous years.

(5) Residents of the Town of Ramapo (incorporated and unincorporated areas) and all former residents of the Village of Montebello.

(6) Residents of Rockland County.

(7) All others.

G. Tax assessment. The restricted sales value of the moderate-income dwelling unit in a development shall be taken into consideration by the Town of Ramapo Tax Assessor in determining the basis for assessments of such units.

§ 195-82 Home occupations/home professional office.

A. There shall be no exterior evidence of such use except for a sign not exceeding six inches in vertical dimension and 30 inches in horizontal dimension, set back at least 10 feet from the designated street line, bearing the name of the person engaged in the home occupation, plus letters designating the license or degree relevant to the home occupation, if one exists (i.e., MD, Esq., or JD, DDS, DC, CPA, etc.), but not words descriptive of the occupation or the name of a business, and as further limited, but not expanded, by other regulations of signs as may appear in the Zoning Chapter. For safety reasons, the sign may be illuminated, but only during the hours of operation permitted by the special permit.

B. The use shall not involve, except as otherwise permitted in residence districts, the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials.

C. The use of any chemical, mechanical or electrical equipment, which is not a customary household appliance, or light office equipment, or is not ordinary to a home shop or garage, is not permitted unless expressly granted in the special permit, but in no event shall same be permitted if same becomes integral to the structure of the dwelling, or if emitting potentially harmful fumes or radiation, or if emitting noxious odors, or noise offensive or disturbing to neighboring properties, or if not capable of being powered by electrical mains of ordinary household current capacity (i.e., two-phase, 200 ampere service), or as otherwise prohibited in Subsection G.

D. The activity shall not occupy more than 1/2 of the ground floor area of the principal structure or its equivalent elsewhere on the lot, if so used, but in no case more than 500 square feet. When requested by the Planning Board, a single line floor plan shall be provided together with the application for special permit. The Planning Board may require that the drawing be certified by an appropriate professional.

E. No persons other than the occupants of the household may engage in the home occupation/home professional office. However, a maximum of one full-time person not residing in the household, or the equivalent of one full-time person, but not more than one person at the same time, may be employed therein if that employment is secondary to, but in support of and necessary to the occupation, and the residence is located such that the driveway access thereto is from a state or county road. If the residence and driveway access thereto is not so located, a nonresident of the household may not be employed thereat unless the occupation is of a nature which does not require contact with visitors in the residence for the purposes of the occupation.

F. The person engaging in the occupation must be the applicant, and must use the subject dwelling as his or her primary residence. If that person is not the record owner of the dwelling, said person must submit in conjunction with the application for a special permit an affidavit from a record owner, in a form as prescribed by the Village, which among other things, grants permission to engage in said occupation at the premises, and to make application therefore.

G. There shall be no visual, olfactory, or auditory evidence of the use at the property line other than permitted accessory parking and a sign. Such evidence includes, but is not limited to nuclear, radiological, or electromagnetic emanations, or vibration, noise, light or other elements potentially disruptive to a residential neighborhood.

H. Wholesale, retail or service businesses which sell, lease, service or rent goods, products or services on a walk-in or drive-up basis are prohibited.

I. The use may not operate more than 35 hours per week, and only between the hours of 8:00 a.m. to 9:00 p.m., weekdays and one day on the weekend. The hours of operation shall be disclosed to the Planning Board as a part of the application and shall be a condition of the special permit.

J. Parking requirements shall be as stated in Article III of this chapter, and the location of parking spaces may be required to be specified on a plan.

K. Upon first issuance, the special permit shall be for a period of two years, unless the applicant seeks a shorter duration. Upon a first renewal the renewal period shall be for five years, and the second renewal shall be without expiration date unless otherwise specified hereinafter. The special permit shall automatically expire according to its terms unless the following renewal procedure is followed:

(1) Application for renewal must be made to the Planning Board no later than 60 calendar days prior to the expiration thereof.

(2) Notice of said application for renewal in a form prescribed by the Village shall be sent by the applicant within 10 days of making application to all residences abutting the subject parcel, whether to the rear or along the side lines, and along both sides of the street or roadway on which the driveway to the subject parcel is located within 500 feet of the lot lines thereof where same intersect said street or roadway. Said notice shall be sent registered mail, return receipt requested, and proof of said mailing shall be submitted to the Clerk of the Planning Board.

(3) Said notice shall include a tentative hearing date to consider such renewal as set by the Clerk on the next regularly scheduled meeting of the Planning Board closest to the expiration date. The special permit shall be deemed extended, if need be, until the matter is heard and decided. Upon such application for a renewal the Planning Board shall be deemed to have renewed said special permit, and the Clerk shall issue a renewal special permit, unless written objections to such renewal have been received by the Clerk from the noticed persons by no later than 15 days before the tentative hearing date, or unless reports of complaints about such usage were made during the term of the expiring permit as appearing in the records of the Village.

(4) If either of the above two exceptions apply, then the Clerk shall place the matter on the Planning Board agenda for a public hearing with due legal notice, and the Planning Board shall hear the matter to determine whether said occupation has been consistent with the terms and conditions of the expiring special permit, and has been secondary to, and consistent with, the residential character of the zoning district involved. If the Planning Board so determines it shall grant renewal of the special permit.

(5) If the Planning Board determines otherwise, it may, upon granting renewal, impose additional terms and conditions, and may limit said renewal period to a period less than the renewal period applicable, but in no event for less than two years.

(6) This renewal process shall apply whenever renewal is sought.

L. Anything to the contrary notwithstanding, said special permit shall automatically expire upon the sale and conveyance of the subject parcel, or upon the termination of the interest of the permit holder if issued to a person other than the owner, or upon the permit holder ceasing to engage in said occupation for a continuous period of six months or more. Each such special permit shall exclusively be issued for, and shall relate only to, the activities of the original applicant at the premises originally subject to same. However, should a permit holder-owner convey the residence to another person who is to reside thereat wishing to obtain the benefit of the special permit, and according to the same terms and conditions, the rights shall be transferable upon the filing of written notice in a form prescribed by the Village with the Clerk of the Planning Board together with proof of such conveyance. In such an event the Clerk shall issue a special permit to the benefit of the new permit holder-owner, except that the expiration date thereof shall be set to be not be longer than one year from the date of said issuance or the actual expiration date of the original special permit, whichever shall be sooner.

[Amended 8-15-2018 by L.L. No. 6-2018]

M. A notice of the granting of a special permit pursuant to this section shall be filed in the office of the Rockland County Clerk by the Village at the expense of the applicant.

§ 195-83 Stand-alone bank with drive-through facility.

A. As part of its site plan approval authority, the Planning Board shall have the authority to review and approve the building's exterior appearance and materials.

B. Freestanding buildings, particularly those on pad sites, shall be architecturally treated on all sides. Buildings without drive-through facilities shall not have display windows on more than two sides, and sides without display windows shall have extensive landscaping.

C. An enclosure screening solid waste containers is required, and shall be architecturally treated in a manner similar to the building it serves.

D. The Planning Board, at its sole discretion, may modify parking requirements and parking space dimensions, taking into account adjacent parking associated with a shopping center complex to which the bank may be dependent functionally.

E. Flower beds or other planting beds shall be provided as required by the Planning Board along drive-through lanes and elsewhere on the site.

F. Where possible, the location of the bank shall take into account other adjacent buildings and drive-through facilities, and shall be situated in a manner that minimizes potential vehicular conflicting movements between the uses.

G. Vehicle service or drive-through aisles shall not be permitted in any required yards. Said aisles may encroach into the full depth of the front setback, but not exceeding 5% of the area of the setback in the entire site, so long as such encroachment is not visible from any public street by virtue of the use of extensive landscaping.

§ 195-84 Stand-alone fast-food restaurant with drive-through facility.

A. As part of its site plan approval authority, the Planning Board shall have the authority to review and approve the building's exterior appearance and materials.

B. Freestanding buildings, particularly those on pad sites, shall be architecturally treated on all sides. Buildings without drive-through facilities shall not have display windows on more than two sides, and sides without display windows shall have extensive landscaping.

C. An enclosure screening solid waste containers is required, and shall be architecturally treated in a manner similar to the building it serves.

D. The Planning Board may, at its sole discretion, modify parking requirements and parking space dimensions, taking into account adjacent parking associated with a shopping center complex to which the restaurant may be dependent functionally.

E. Fast-food restaurants shall be required to maintain litter patrol arrangements with the Village, to include geographic limitations and frequency of patrols.

F. The restaurant shall designate an individual who shall be the liaison between Village authorities and the restaurant. Said individual, upon notice from the Village, shall be responsible for addressing issues related to maintenance, litter, snow removal, policing, etc., in a prompt manner.

G. Flower beds or other planting beds shall be provided as required by the Planning Board along drive-through lanes and elsewhere on the site.

H. Where possible, the location of the fast-food restaurant shall take into account other adjacent buildings and drive-through facilities, and shall be situated in a manner that minimizes potential vehicular conflicting movements between the uses.

I. Vehicle service or drive-through aisles shall not be permitted in any required yards. Said aisles may encroach into the full depth of the front setback, but not exceeding 5% of the area of the setback in the entire site, so long as such encroachment is not visible from any public street by virtue of the use of extensive landscaping.

§ 195-85 Twenty-four-hour drive-through or walk-in business operation with pharmacy.

A. Twenty-four-hour drive-through or walk-in business operations with pharmacy shall be allowed by special permit as an accessory use to local convenience commercial uses. The bulk requirements shall be the same as those required for local convenience commercial uses.

B. The applicant shall document the purpose of the twenty-four-hour business operation. The Planning Board shall consider the operation in relation to the health, safety and well-being of Village residents.

C. The applicant shall document a reasonable need for said operations and shall provide a list of the general categories of merchandise to be sold between the hours from 9:00 p.m. to 9:00 a.m. The Planning Board may impose restrictions to the sale of goods in the interest of public safety.

D. The Planning Board shall consider the potential effect to any adjoining residential neighborhoods resulting from traffic, noise, lighting, or other potential impacts. The Planning Board may impose conditions to mitigate potential impacts, including restrictions on the location and operation of the drive-through, lighting, security and other site design requirements.

E. Where possible, the location of the drive-through facility shall take into account other adjacent buildings and drive-through facilities, and shall be situated in a manner that minimizes potential vehicular conflicting movements between the uses.

F. Vehicle service or drive-through aisles shall not be permitted in any required yards. Said aisles may encroach into the full depth of the front setback, but not exceeding 5% of the area of the setback in the entire site, so long as such encroachment is not visible from any public street by virtue of the use of extensive landscaping.

G. Operators of drive-through facilities shall be required to maintain litter patrol arrangements with the Village, to include geographic limitations and frequency of patrols.

H. The operator of a drive-through facility shall designate an individual who shall be the liaison between Village authorities and the business establishment. Said individual, upon notice from the Village, shall be responsible for addressing issues related to maintenance, litter, snow removal, policing, etc., in a prompt manner.

I. Flower beds or other planting beds shall be provided as required by the Planning Board along drive-through lanes and elsewhere on the site.

J. The Planning Board, in its discretion, may require, in granting the special permit, that the owner of the subject parcel covenant in a form as may be recorded against the property, that no other additional twenty-four-hour operation for any business on said property for any purpose shall be sought by any means.

§ 195-86 Shared driveways. [1]

[Added 6-21-2006 by L.L. No. 4-2006]

A. Authority of the Planning Board. Authorization is hereby granted to the Planning Board to permit shared driveways in all residential zones by special permit, provided that the Board finds that the application meets all the general conditions of § 195-17 and further meets all of the applicable conditions set forth in this section. Where a shared driveway is proposed as part of a subdivision, a separate special permit is not required.

B. Purposes.

(1) Shared driveways reduce the number of curb cuts along the street, improving access management and reducing the number of potential intersections and turning movements.

(2) Shared driveways can reduce adverse impacts to environmentally sensitive lands.

C. Standards.

(1) Maximum number of lots: The maximum number of lots sharing a driveway shall be three.

(2) Minimum area of each lot (not including any portion of shared driveway): 1 1/2 acres or the minimum lot area in the underlying zoning district, whichever is greater.

(3) Width: The width of the traveled way of the shared portion of the driveway shall be no greater than 16 feet, with a two-foot cleared shoulder on each side.

(4) Length: The shared portion of the driveway shall in no event be longer than 1/4 mile in length.

(5) Agreement for construction and maintenance: Appropriate legal agreements/declarations acceptable to the Planning Board Attorney are to be provided to assure proper construction and maintenance of the driveway.

(6) Buffering/screening: Where appropriate, the Board may require additional screening or buffering to insure privacy to lots.

(7) Shared driveways shall be constructed to the standards of the driveway specifications (§§ 163-30 and 163-32).

(8) Where necessary, the applicant shall meet the requirements of the New York State Village Law, § 7-736, Subdivisions 2 and 3.

[1] Editor's Note: Former § 195-86, Continuing care retirement community (CCRC) and assisted living residences, was repealed 4-20-2005 by L.L. No. 1-2005.

§ 195-87 Child day-care center.

The standards for a child day-care center shall be as follows:

A. Maximum lot area for a freestanding child day-care center in the LO-C zone. It is the policy of the Village of Montebello to protect and enhance the Village's ratable and employment base, and to encourage the development of the LO-C zone for the uses permitted therein, which include office buildings, laboratories, medical and dental clinics, and health service complexes. To discourage the development of vacant properties for uses other than those permitted, the Planning Board shall be prohibited from approving a special use permit for any freestanding child day-care facility on any property in the LO-C zoning district that is two acres or greater in size at the time of the date of adoption of this Zoning Chapter amendment. Child day-care facilities shall be permitted only on a property that is two acres or greater in size if said facility is clearly accessory and incidental to one of the aforementioned permitted uses in the LO-C zoning district. Said accessory use shall be integrated into the building containing the principal permitted use and shall not be permitted in a freestanding building, and shall require a special use permit in accordance with the provisions contained herein.

B. Child day-care facility accessory to LO-C permitted use. The child day-care facility shall be operated and used exclusively for the benefit of the children of employees of the office building in which the child day-care center is situated. If an office or similar building is located within a corporate office park or similar planned business park the Planning Board may allow the child day-care facility to be used by children of employees within the corporate office or planned business park where the facility is located. The accessory child day-care facility shall adhere to all requirements contained herein.

C. Application narrative. The special use permit application shall be accompanied by a narrative description of the anticipated occupancy of the facility by age group, i.e., infant, toddler, and school age, and the hours of operation of the facility.

D. Floor plan. A preliminary floor plan of the child day-care center shall be submitted.

E. Parking. In addition to the parking space requirements contained in the Table of Use Requirements, Part F, additional parking spaces shall be provided for dropoff and pickup of children at a rate of one parking space per 30 children. Said spaces shall be provided directly in front of the facility along an internal driveway or in an approved parking area. The most appropriate location for dropoff parking shall include a consideration of emergency access, and shall be determined by the Planning Board during site plan review. The dropoff location shall be clearly posted with appropriate signage or pavement markings. Fire lanes shall not be used for dropoff areas.

F. Outdoor play area. A minimum outdoor play area of 125 square feet per child under three years of age, or per child three and over, whichever is greater, shall be provided. Outdoor play areas shall be located a minimum distance of 25 feet from any lot line or from any parking area, and 50 feet from any public right-of-way; provided, however, that the Planning Board may vary this requirement on a case-by-case basis to ensure that play areas are adequately screened and buffered from vehicular areas. Outdoor play areas shall be directly accessible from the principal structure, and shall not require crossing any street, driveway, or parking area for access. The Planning Board may, as part of site plan review and in consultation with the prospective operator, modify the area requirement to apply only to the largest age group enrollment scheduled to use the outdoor play area at one time.

G. Minimum indoor play area. A minimum indoor play area of 35 square feet per child shall be provided in accordance with the New York State Social Services Law regulating child day-care centers. Areas used for large motor activity, staff lounges, storage spaces, halls, bathrooms, kitchens and offices shall not be included in the calculation of the 35 square feet per child requirement.

H. Noise and visual screening. Operation of a child day-care center shall be conducted in a manner which minimizes any impacts to adjoining residential uses or residential zoning districts. In particular, noise shall be minimized and visual screening shall be provided. Outdoor play areas shall not be located in the required buffer area for the LO-C zone. The Planning Board shall determine the appropriate combination of materials to buffer and screen the center, which may include a combination of berm, fence and landscape materials. Consideration shall be given to situating the building on the site to attenuate and block noise generated by traffic and the outdoor play area.

I. Ingress and egress. Said facility shall provide a minimum of two exits.

J. Other standards. Child day-care centers shall adhere to the requirements of the New York State Uniform Fire Prevention and Building Code, as well as all other applicable sanitation, health and traffic safety code requirements.

K. Shopping center. If included as part of a shopping center, said day-care center shall occupy an end unit only. If the child day-care facility is part of an office building, said facility shall occupy the first (ground) floor of the building only or a part thereof.

L. Hallways with a length of 20 feet or greater between the building exterior and the child day-care center shall be prohibited.

M. Traffic considerations. Due to the special occupancy of a child day-care center, a center shall be situated on properties which afford safe internal and external traffic circulation. In order for the Planning Board to make this determination, a traffic impact study shall be submitted with the special use permit application and shall include, but not be limited to: a traffic capacity analysis, sight distance calculations, study of internal traffic circulation. The study shall include the submission of traffic data from existing comparable facilities. The Planning Board may impose reasonable conditions, including but not limited to restrictions on traffic flow and direction into and out of the center, based on the results of the traffic impact study.

N. Security. A child day-care center may be developed in a location where it abuts office or retail space that is transient in nature. To ensure adequate safety to the occupants of the child day-care center, the applicant shall demonstrate that reasonable measures may be implemented to secure the center from entry by persons other than employees, children being cared for, and their parents or guardians. Security measures may include, but are not limited to, appropriate locations for lighting, and internal security systems.

O. Archaeological and historic properties. It is the policy of the Village of Montebello to protect and safeguard the archaeological and historic properties within the Village that lend the community its special and unique character. The design of child day-care facilities, with their special occupancy and need to include outdoor play areas and equipment as part of the overall design of the facility, is inherently inconsistent with the Village's desire to protect its archaeological and historic resources. The Planning Board shall be prohibited from issuing a special use permit for any property that contains a building, structure or natural feature that has been designated as an archaeological or historic resource by a local, county, state or federal governmental board or agency.

§ 195-87.1 Assisted Living Residences (ALR).

[Added 8-16-2017 by L.L. No. 4-2017; amended 8-15-2018 by L.L. No. 7-2018]

The standards for an assisted living residence shall be as follows:

A. Within the ALR, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as dining facilities, meeting rooms, multipurpose rooms, lounges, game rooms, workshops, medical infirmaries, health and exercise facilities, convenience retail facilities, automated banking facilities, personal care facilities etc., only to the extent that they meet the needs of the occupants of the ALR and their guests. Such facilities shall be subordinate to the residential character of the development with no outside advertising. Such facilities shall be expressly approved by the Village Board, which may limit hours of operation, percent of floor area, or other elements. The applicant shall submit a floor plan of each building for review, and the Board having jurisdiction over the special permit application shall review the overall internal layout and allocation of space for support activities.

B. The gross density of the site shall be determined by the board having jurisdiction over the special permit application, in order to preserve maximum flexibility for sound planning and environmental considerations. However, in no event shall the gross density of the site exceed 20 units per acre. For purposes of determining density pursuant to this section:

(1) Each two beds in the ALR shall be equivalent to a unit regardless of whether they are in the same room or separate rooms; and

(2) The "site" shall be either:

(a) The individual tax lot on which the ALR is located; or

(b) If the ALR is located on a tax lot having more than the ALR use, the area identified by the Village Board as being the area used by the ALR, which area shall include the building containing the ALR together with all parking areas, driveways, sidewalks, open space and recreation areas associated with the ALR.

C. The minimum distance between a building used as an ALR and any other building shall be 30 feet, or a distance equal to the height of the taller of the two buildings measured on opposing faces, whichever is greater.

D. There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

E. The board having jurisdiction over the special permit application shall determine the parking requirements for the ALR, based on the requirements for parking spaces set forth in the Table of Use Requirements.[1] This shall represent the minimum number of parking spaces which shall be provided. Notwithstanding, the Planning Board has the authority to modify the required minimum off-street parking spaces, by up to 50% upon demonstration by the applicant that that number exceeds the peak-hour requirement and further provided that an area be shown on the site development plan for reserve spaces to be installed in the future should the need for the spaces arise.

[1] Editor's Note: The table is included as an attachment to this chapter.

F. No ALR may have a total or more than a combination of 200 beds.

G. An ALR shall obtain a license from any state agency authorized to license such facility.

H. The Board having jurisdiction over the special permit application, at its discretion, may allow up to 10 feet of additional height in nonresidential zoning districts where such additional height may not be used for habitable space, and where it is required for the sole purpose of accommodating gabled, hip or gambrel roofs, and where doing so results in a more attractive structure that does not detract from the character of the neighborhood.

§ 195-87.2 Personal horticulture.

[Added 11-13-2019 by L.L. No. 5-2019]

A. Signs shall not be permitted for a personal horticulture use.

B. The use shall not involve, except as otherwise permitted in residence districts, the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials. Materials and equipment may be stored on site in a shed not greater than 400 square feet in area.

C. No fertilizers, pesticides, rodenticides, herbicides, fungicides or other chemical treatments may be employed that require a license to apply, handle or purchase. Only widely available consumer products may be used in accordance with their label instructions.

D. When requested by the Planning Board, a plan of the personal horticultural activity shall be provided, together with the application for special permit. The Planning Board may require that the drawing be certified by a landscape architect.

E. The amount of disturbance of natural vegetation for the proposed personal horticulture activity shall not exceed the limits of § 195-37E(1)(c), Aquifer and wellhead protection standards, if applicable.

F. No personal horticulture activity shall be conducted within any Environmental Protection Overlay Districts.

G. No tree removals shall be permitted in any required side, front or rear yard for a personal horticulture activity, other than to provide a single driveway access to the personal horticulture site from the frontage street. Any proposed tree removals for driveway access or located outside of required yards shall follow the procedures and standards of Chapter 176, Tree Preservation and Landscape Maintenance, of this Code.

H. No persons other than the owner or tenant, or their family members and guests, may engage in the personal horticulture activity.

I. Sales of horticultural products from on or off site shall be prohibited.

J. No outside lighting shall be permitted.

K. Horticultural activities shall only be conducted during daylight hours. The hours of operation shall be disclosed to the Planning Board as a part of the application and shall be a condition of the special permit.

L. One parking space on site, located outside of any required yards, shall be required for the personal horticultural use.

§ 195-87.3 For all uses requiring a special permit in the LO and LO-C Districts.

[Added 2-19-2020 by L.L. No. 1-2020]

A. In the LO-C District, a fifty-foot-wide landscaped buffer shall be maintained along the frontage of Montebello Road and North Airmont Road. Existing mature wooded growth shall be maintained and shall be supplemented with additional plantings to provide visual screening of the development, if necessary. The buffer area shall not be used for aboveground stormwater management features, buildings, parking areas, travel ways or parking aisles or maneuvering spaces. The buffer may only be crossed by access drives connecting the interior of the site to frontage roads.

B. Parking areas may be provided within an aboveground or underground parking structure or in surface parking lots. If surface lots are utilized, such lots shall be screened from view of major roads. The incorporation of stone walls in landscaping is encouraged to meet this standard.

C. Architectural review shall be required pursuant to Article XI.

D. Any property with access to both Montebello Road and Executive Boulevard shall provide its primary vehicular and pedestrian access to Executive Boulevard, with secondary access to Montebello Road. Nonconforming accesses in existence on such properties, as of the effective date of this section, may continue, until such time as uses on such properties change or substantially increase in intensity.

E. Existing stone walls along Montebello Road and Airmont Road shall be preserved, refurbished and maintained as necessary as part of any project subject to a special permit.

F. Noise. Given proximity to many types of residential uses, for any special permit proposed in these districts, the Planning Board may prohibit overall operations, outdoor loading or any other outdoor operations which may generate noise and create a nuisance.

G. In any structure with multiple uses, the entire building shall be built to the highest fire and life safety standards found in the New York State Uniform Fire Prevention and Building Code for any of the uses proposed.

H. Traffic. As part of any special permit application for an action proposed in these districts classified under SEQRA as Type 1 or Unlisted, the applicant shall be required to submit a traffic impact study. The Planning Board shall set the scope of the study appropriately, according to the size and intensity of the proposed use.

§ 195-87.4 For all uses requiring a special permit in the PI and PI-C Districts.

[Added 11-13-2019 by L.L. No. 7-2019]

A. In the PI and PI-C Districts, a fifty-foot landscaped buffer shall be maintained along the ROW of the New York Thruway, to soften views of the buildings and parking areas from the highway travel lanes.

B. In the PI and PI-C District, a 250-foot-wide landscaped buffer shall be maintained along the frontage of Hemion Road to provide a visual screen. As this portion of Hemion Road is within the Historic and Scenic Roads Overlay District, any construction, clearing or landscaping changes would be subject to review by the Historic Preservation and Parks Commission. Existing mature wooded growth shall be maintained, and shall be supplemented with additional plantings to provide visual screening of the development, if necessary. This required buffer area along Hemion Road shall not be used for aboveground stormwater management features, buildings, parking areas, travel ways or parking aisles or maneuvering spaces. The buffer may only be crossed by access drives connecting the interior of the sites to Hemion Road. Stone walls may also be installed within the buffer, with review and approval of the HPPC.

C. Architectural review shall be required pursuant to Article XI.

§ 195-87.5 For all used requiring a special permit in the Estate Preservation (EP) District.

[Added 11-13-2019 by L.L. No. 8-2019]

A. Purpose. The Village finds that Montebello Park is a distinct visual landmark in Montebello and is a structure important to the history of the community. Demolition of the mansion or alterations made to the building that are incompatible with the architecture or historic character would constitute a significant impact to the Montebello community. As expressed in the goals, objectives and policies of the Village of Montebello Comprehensive Plan, the Village desires to retain the mansion and views of the structure to the maximum extent. The Estate Preservation District will allow use of the property for single-family attached and multifamily dwellings, provided the existing views of the mansion and the mansion structure are preserved.

B. Applications for the approval of uses are subject to site plan and/or subdivision plat approval by the Planning Board. Development within the EP District shall also be subject to ARB review and approval.

C. Design standards. The following design standards shall apply:

(1) Montebello Park shall be designated an historic local landmark as a condition of Planning Board approval, allowing development of estate preservation residential development.

(2) Proposed housing units shall be occupied by adults only, one of whom must be 55 years of age or older, and none of whom may be less than 45 years of age. Appropriate conditions shall be established to maintain said occupancy requirements.

(3) A minimum lot area for the mansion shall be determined based on the existing floor area of the mansion and LO-C floor area ratio and development coverage limitations. The requirements of Article IV, § 195-14A shall apply.

(4) Lot area exclusive of the minimum lot area required for the mansion shall be available for the development of carriage-style residential housing. No more than 24 dwellings shall be permitted.

(5) A minimum seventy-five-foot vegetative buffer around the perimeter of the district shall be retained to screen views of future residential development from existing adjoining residences.

(6) A minimum seventy-five-foot vegetative buffer measured from the edge of pavement along the main driveway leading to Montebello Park shall be retained to screen views of future residential development from the mansion.

(7) Two development areas shall be permitted, one on each side of the driveway.

(8) No more than four dwellings per building shall be permitted. Buildings shall be designed in a carriage-style residential structure. Garagescapes shall be minimized through appropriate architectural design and placement in the structure. Buildings shall be separated a minimum distance equal to the height of the building.

(9) Use Group "P" shall apply.

(10) Viewshed analysis. As part of any application for estate preservation residential development, the applicant shall demonstrate that the buildings shall be clustered and situated on the site so as not to adversely impact the scenic views of the mansion being protected. The ARB may require the preservation or construction of stone walls or fences, or installation of landscaping, or incorporate other features so as to screen views of the clustered development.

(11) Architectural style. Design plans for new construction shall be submitted and approved by the ARB in order to assure that the new structures complement but do not mimic the architecture of the mansion. New construction shall incorporate architectural details, including fenestration and materials, of the mansion into the design of the new development to achieve a design relationship between the old and new.

(12) The Village Board shall approve the formation of a homeowners' association or a condominium form of ownership to manage common areas. The form of ownership affects the following lots as appearing on the Tax Map of the Town of Ramapo: 48.18-3-1 through 48:18-3-20 and 48.18-3-22.

(13) Residential uses shall not be permitted in the Montebello Park Ryan Mansion interior.