This applies to all multifamily dwellings, manufactured homes,
tourist accommodations, bed-and-breakfasts, as defined, located within
the City of Port Jervis.
A. Applicability.
(1) The provisions of this article in this chapter shall be deemed to
supplement applicable state and local laws, ordinances, codes or regulations,
and nothing in this chapter shall be deemed to abolish, impair, supersede
or replace existing remedies of the City, County or state or existing
requirements of any other applicable state or local laws, ordinances,
codes or regulations. In case of conflict between any provision of
this chapter and any applicable state or local laws, ordinances, codes
or regulations, the more restrictive or stringent provision or requirement
shall prevail.
B. Supplementary regulations applying to all residential districts.
(1) Roomers or lodgers in residential areas. Nothing herein shall prevent
the taking of boarders or lodgers by a resident owner who occupies
the balance of the house, or the renting of rooms by a resident owner
who occupies the balance of the house, in Districts R-1, R-2 and NMU,
provided that the taking on of boarders and lodgers and renting of
rooms is incidental only to the family use of such residences, and
provided also that the number of such boarders or lodgers shall not
exceed two persons and the number of rooms rented shall not exceed
two rooms; except that the City Planning Board may grant a revocable
permit for a greater number of boarders or lodgers or the renting
of rooms in all districts if the premises are owner/landlord occupied
and if the Planning Board determines it to be in the public interest
in the course of its site plan review, and then only on such conditions
and regulations as the Planning Board deems necessary to protect neighboring
properties.
C. Permit required.
(1) All multifamily dwellings, manufactured homes, tourist accommodations
and bed-and-breakfasts in the City must have a permit issued by the
City Building Inspector.
D. Application for permit.
(1) Application for a permit for a multifamily dwelling, manufactured
home court, tourist accommodation or bed-and-breakfast shall be made,
in writing, to the City Building Inspector on a form provided by the
Inspector for that purpose.
(2) Such application shall be filed in duplicate and shall contain:
(a)
The name, address and telephone number, if any, of the owner
of the multifamily dwelling, manufactured homes, tourist accommodation
or bed-and-breakfast.
(b)
The street address and Tax Map description (section, block,
lot or lots) of the multifamily dwelling, manufactured homes, tourist
accommodation or bed-and-breakfast.
(c)
The number of dwelling units/rooms in the multifamily dwelling,
manufactured homes, tourist accommodation or bed-and-breakfast, the
dimensions of each dwelling unit/room, the number of persons intended
to be accommodated by and to reside in each such dwelling unit/room
and a description of the present use or uses thereof, if any.
(d)
The name, address and telephone number of the managing agent
or operator of each such multifamily dwelling, manufactured homes,
tourist accommodation or bed-and-breakfast who is authorized to act
on behalf of the owner, along with his or her phone number. The name
and phone number of an on-premises person who can grant access to
the building and its occupants shall also be furnished. The City Building
Inspector shall be notified within 10 working days of any change in
this information.
(e)
The name and address of the insurance company, if any, providing
the fire and other hazard and public liability insurance for the owner
of the multifamily dwelling, manufactured homes, tourist accommodation
or bed-and-breakfast, with a description of the type of insurance
provided, the policy limits for each coverage and the policy number
and expiration date of such policy.
(3) Such application shall be signed by the owner of the multifamily
dwelling, manufactured homes, tourist accommodation or bed-and-breakfast,
and the statements of such owners therein contained shall be verified
under oath.
E. Fees.
(1) A nonrefundable permit application fee set from time to time by the
Common Council in Ch. 280, Fees, shall be paid upon filing an
application for a permit. A nonrefundable permit renewal fee also
set by the Common Council shall be paid upon filing an application
for renewal.
F. Review of permit application; registry; posting.
(1) Review. The City Building Inspector shall review each application
for completeness and accuracy and shall make an on-site inspection
of the proposed multifamily dwelling, manufactured homes, tourist
accommodation or bed-and-breakfast. If satisfied that the proposed
use and premises comply fully with all applicable laws, rules and
regulations of the state, County and City, including local laws and
ordinances, and that such proposed use would not create an unsafe
or dangerous condition or create an unsafe or substandard structure
or create a nuisance to adjoining or nearby properties, the City Building
Inspector shall issue the permit or permits applied for.
(2) Registry. It shall be the duty of the City Building Inspector to
maintain a register of permits issued pursuant to this chapter. Such
register shall be kept by street address, showing the name and address
of the permittee, the number of dwelling units/rooms at such street
address and the date of expiration of permit for such unit. Such registry
shall be kept available for public inspection during regular business
hours at the office of the Inspector.
(3) Posting. The permit containing the number of dwelling units/rooms
and the names and addresses and phone numbers of the owner and premises
manager shall be conspicuously posted at or near the principal entrance.
G. Term of permit; renewal; enlargement.
(1) Term. All permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be renewed for additional one-year periods as provided in Subsection
B of this section.
(2) Renewal.
(a)
A renewal application must contain the same information required for the initial application by §
535-37D, must be accompanied by the fee required under §
535-37E and must be submitted to the City Building Inspector.
(b)
A renewal permit shall be granted unless the City Building Inspector
finds there is reasonable cause not to renew. The Inspector shall
notify the applicant of there being reasonable cause not to renew.
Within 10 working days the applicant may request a hearing before
the Inspector. During this hearing process, the applicant will be
issued a temporary permit which shall expire 60 days after the final
decision of the Inspector.
(c)
The aforesaid hearing shall be public, and the applicant may
be represented by counsel and shall be able to call witnesses on his
or her behalf. The Planning Board Chairperson shall act as Hearing
Officer and, in his or her discretion, may decide not to renew the
permit if, upon substantial evidence, the Planning Board Chairperson
determines that the multifamily dwelling, manufactured home court,
tourist accommodation or bed-and-breakfast is either a nuisance to
neighboring or adjoining property or is not in compliance with all
required state, county and City laws, ordinances, rules and regulations.
(3) Enlargement. Any enlargement of an existing multifamily dwelling,
manufactured home court, tourist accommodation or bed-and-breakfast
shall require a full review under this section.
H. Inspections; search warrants.
(1) Inspections. The City Building Inspector or his or her designee is
authorized to make or cause to be made inspections, from time to time,
to determine the condition of any multifamily dwelling, manufactured
home court, tourist accommodation or bed-and-breakfast and to safeguard
the health, safety and welfare of the public. The City Building Inspector
or his or her designee is authorized to enter, upon consent of the
owner or occupant, any rental unit and the premises in which the same
is located at any reasonable time. Unconsented entries and entries
at unreasonable hours may be made upon warrant duly issued by a justice
of the City Court of the City of Port Jervis. All applications and
renewals shall be granted only after an inspection.
(2) Search warrants. The City Building Inspector or his or her designee
is authorized to make application to the City Court of the City of
Port Jervis for the issuance of a search warrant to be executed by
a City constable, state trooper or other law enforcement officer where
there exists reasonable justification for an inspection to be conducted
pursuant to this chapter or where there is reasonable cause to believe
that there has occurred or is occurring a violation of this chapter,
of the Multiple Residence Law, of the New York State Uniform Fire
Prevention and Building Code or of the City of Port Jervis Zoning
Law. The application for a search warrant shall, in all respects,
comply with applicable laws of the State of New York.
I. Notification of permit violations.
(1) The City Building Inspector shall notify a permit holder of reasonable
cause to believe the permit has been violated in any of the following
ways:
(a)
The permit holder has caused, permitted, suffered or allowed
to exist and remain upon the premises for which such permit has been
issued for a period of 10 days or more after written notice has been
given to the permit holder or the managing agent of such rental unit
a violation of the Multiple Residence Law, the New York State Uniform
Fire Prevention and Building Code or of the City of Port Jervis Zoning
Law.
(2) It shall be unlawful and a violation of this chapter and an offense
within the meaning of the Penal Law of the State of New York for any
person to:
(a)
Operate a multifamily dwelling, manufactured home court, tourist
accommodation or bed-and-breakfast without a permit.
(b)
List, solicit, advertise or offer, exhibit or show to any person
a dwelling unit/room in a multifamily dwelling, manufactured home
court, tourist accommodation or bed-and-breakfast located within the
City of Port Jervis for the purpose of bringing about the rental thereof
where no currently effective permit has been issued in respect of
such dwelling unit/room as herein required. No violation of this section
shall occur if the person is licensed by New York State as a real
estate broker or real estate salesman and is acting solely in that
capacity.
(c)
Accept a deposit of rent or security or a commission in connection
with the rental of a rental unit in a multifamily dwelling, manufactured
home court, tourist accommodation or bed-and-breakfast located within
the City of Port Jervis where no currently effective permit has been
issued in respect of such rental unit as herein required. No violation
of this section shall occur if the person is licensed by New York
State as a real estate broker or real estate salesman and is acting
only in that capacity.
(d)
Sell a multifamily dwelling, manufactured home court, tourist
accommodation or bed-and-breakfast which does not have a permit under
this chapter.
(3) In the event that a person convicted of a violation of Subsection
I(2)(d) of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the City Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the City pursuant to the provisions of Article XIIA of the Real Property Law.
J. Penalties for offenses.
(1) A violation of any provision of this article of this chapter shall
constitute an offense within the meaning of the Penal Law of the State
of New York, punishable as provided for in this chapter. A fine of
no less than $250 and no greater than $500 for a first offense and/or
up to 15 days in jail shall be imposed upon conviction, and a fine
of no less than $500 and no greater than $1,000 and/or up to 30 days
in jail shall be imposed for conviction of a second or subsequent
offense.
[Added 11-28-2022 by L.L. No. 11-2022]
A. Applicability.
(1)
These regulations shall apply to all structures and/or uses
related to cannabis retail dispensaries and tobacco retailers. No
cannabis retail dispensary or tobacco retailer shall be established
in the City of Port Jervis except in compliance with the provisions
of this chapter.
(2)
Every cannabis retail dispensary or tobacco retailer shall apply to the City of Port Jervis Planning Board for a special use permit and site plan approval for that use prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the City of Port Jervis Zoning Code, including, but not limited to §
535-80 and other applicable provisions of the City of Port Jervis Code and City Charter.
B. Zoning districts for cannabis retail dispensaries and tobacco retailers.
Cannabis retail dispensaries and tobacco retailers shall only be allowed
in the Central Business District (CBD) zoning district subject to
site plan review and issuance of a special use permit by the City
of Port Jervis Planning Board and further subject to the regulations
set forth in this section.
C. Other location restrictions for cannabis retail dispensaries and
tobacco retailers.
(1)
The lot line of any property whereupon exists a cannabis retail
dispensary or tobacco retailer shall not be located within a 100-foot
radius of the lot line of any lot that is currently used or has the
ability to be used for the following:
(e)
Child day care, pre-K or nursery facilities;
(g)
Churches, synagogues, mosques or other places of worship; or
(h)
Drug or alcohol recovery or rehabilitation facilities or other
related health care facilities.
(2)
The lot line of any property whereupon exists a cannabis retail
dispensary or tobacco retailer shall not be located within a 100-foot
radius of the lot line of any lot that is currently used as a cannabis
retail dispensary or tobacco retailer.
D. Special use criteria for cannabis retail dispensaries and tobacco
retailers. As part of any review by the Planning Board under this
subsection, the following shall be submitted and/or considered by
the Planning Board as part of its review of any special use permits
for cannabis retail dispensaries or tobacco retailers:
(1)
Cannabis retail dispensaries and tobacco retailers must be fully
enclosed and shall be located within a permanent building and may
not be located in a trailer, cargo container, motor vehicle or other
similar nonpermanent enclosure.
(2)
No outside storage of marijuana, related supplies or promotional
materials is permitted.
(3)
No smoking or consumption of any product containing cannabis
or cannabis-related products shall be permitted on the premises of
a cannabis retail dispensary. No burning of any product containing
cannabis or cannabis-related products shall be permitted on the premises
of a cannabis retail dispensary.
(4)
Each special permit use shall not include the display of signs,
noise, fumes, or lights that will hinder normal development of the
zoning district or impair the use, enjoyment, and character of adjacent
land and buildings.
(5)
The application shall include a site plan and fully dimensioned
diagram or floor plan showing planned occupancy or use of all areas,
including exits, fire prevention measures, windows, ventilation, and
doors as well as any other factors determined to be necessary and
appropriate by the Planning Board.
(6)
Security measures shall be implemented which are sufficient
to ensure that no unauthorized persons can gain access to the building
and outdoor activity areas. Such measures shall be described in detail
in the special permit application.
(7)
Subject to applicable law, as a part of any special use permit
application to the Planning Board, copies of all information submitted
to the State of New York in application for a license to operate under
the Marihuana Regulation and Taxation Act shall be submitted as part
of the special permit application.
(8)
All special use permits issued under this subsection shall contain
a condition that the use shall not operate, and the special use permit
shall not be valid, until the applicant has obtained all licenses
and permits issued by the State of New York and any of its agencies.
(9)
A special use permit granted under this subsection shall have
a term limited to the duration of the applicant's use of the premises
as a licensed operator. A special use permit may be transferred only
with the approval of the Planning Board in the form of an amendment
to the special use permit.
(10)
Any violation of this section shall be grounds for revocation
of a special use permit issued under this section.
(11)
A revocation of the respective license by the state shall be
grounds for revocation of the special use permit.
(12)
Hours of operation for these uses shall be set by the Planning
Board in its complete and total discretion.
(13)
Posting of signs:
(a)
In addition to other applicable sign regulations, it shall be
a special use permit condition that no person or entity shall sell
or continue to sell or distribute tobacco or tobacco-related products
and/or cannabis or cannabis-related products in the City of Port Jervis
unless a sign is posted at the point of sale in a conspicuous place
that warns of the dangers of such products, including, at a minimum,
the following statement: "WARNING: THE PRODUCTS YOU ARE ABOUT TO PURCHASE
MAY CONTAIN NICOTINE, WHICH IS AN ADDICTIVE CHEMICAL."
(b)
No image depicting any part of a marijuana plant or any product
or use of the marijuana plant shall be allowed on the sign.