In accordance with the procedures, standards
and conditions hereinafter specified, special permits may be approved
for uses permitted in a district subject to the securing of such permit.
Special permit uses are specifically listed in the article pertaining
to the district and are unusual uses which, under favorable circumstances,
will be appropriate, harmonious and desirable uses in the district
but which possess such special characteristics that each use must
be considered as an individual case. The provisions of this article
are in addition to other provisions applicable in the district in
which the special permit use is to be located.
A.
After application for a special permit has been made as provided in § 138-81 and the Building Inspector has made the referrals as provided in § 138-82, the following procedures shall be applicable:
(1)
Additional information and review. The Planning Board shall review the application for a special permit and the accompanying project development plan to determine the completeness thereof and compliance with the provisions of this chapter. The Planning Board, upon written request by the applicant, may, by resolution, determine that the required submission of all or part of the information specified in § 138-41B and C is deferred unless or until requested later by the Planning Board or Town Board. The Planning Board may call the applicant into consultation and may request the applicant to submit such additional information that it deems necessary in order to review the application. Within 45 days after the regular meeting at which the referral from the Building Inspector is received, the Planning Board shall determine that the application is complete or shall request additional information.
(2)
Planning Board report.
(a)
Within 65 days after the meeting at which the application is determined complete or after the regular meeting at which the additional information requested under Subsection A is received, the Planning Board shall forward the application and accompanying maps, plans, data and documents to the Town Board, together with a written report containing the following:
[1]
An evaluation of the proposal and the findings
of the Planning Board with respect to compliance with the general
standards and any applicable special standards of this article.
[2]
An evaluation as to whether or not the general standards for site plan approval of Article IX can be met.
[3]
Any recommendations for approval, modification
and approval or disapproval of the special permit use.
(b)
The applicant and the Planning Board may, by
mutual consent, extend the time for review and report.
(3)
Town Board action.
(a)
After receipt of the report from the Planning Board or after expiration of the sixty-five-day period or as such period may be extended under Subsection A, the Town Board shall hold a public hearing on the application, which hearing shall be advertised in a newspaper of general circulation in the Town, and such advertisement shall be published at least seven days before such hearing. After the public hearing, the Town Board may approve the application or approve it subject to modifications or disapprove the application. In approving the application or approving it subject to modifications, the Town Board shall make the following findings:
(b)
All applications may be approved subject to appropriate conditions and safeguards necessary to maintain the purpose and intent of this chapter and to protect the public health, safety and welfare and property values in the neighborhood. Subsequent to approval of a special permit, the application for a building permit and application for a certificate of occupancy and accompanying site plan shall be subject to review and approval in accordance with § 138-83.
B.
Unless specifically authorized in the decision of
the Town Board, no requirement or conditions of such special permit
shall be subject to appeal before the Board of Appeals.
C.
Requirements or conditions imposed by this chapter for any special
permit use shall not be waived or reduced by the Town Board and shall
be considered to be the minimum requirements for any authorization
hereunder, except that the Town Board may authorize further application
and action by the Board of Appeals. Special permits shall be deemed
to be indefinite authorization unless otherwise specified in the approval
thereof, but in any case shall expire within 18 months of the date
of approval unless a valid site plan approval is in place or a building
permit has been issued for the special permit use. Such permit may
be extended on separate application to the Town Board.
[Amended 8-20-2015 by L.L. No. 7-2015]
D.
The grant of special permits for the uses indicated is at the discretion of the Town Board and are effective for the length of time which the use is active, regardless of the change of ownership of the property, unless conditioned on periodic renewal. Renewal may be granted following application, public notice and hearing and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XIII shall be prima facie evidence of lack of conformity with such standards or conditions.
E.
Any person aggrieved by any decision of the Town Board
hereunder may, within 30 days of the filing of the decision in the
office of the Town Clerk, appeal pursuant to Article 78 of the Civil
Practice Law and Rules.
A.
Prior to approving any conditional use or evaluating
any special permit use, the Planning Board shall determine the conformity
of such use and the proposed development thereof with the conditions
and standards as set forth in this chapter, including the conditions
and standards as set forth for site development plans. 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
conditional use and special permit approval are as follows:
(1)
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 shall not be detrimental to the site or adjacent properties in
accordance with the zoning classification of such properties.
(2)
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.
(3)
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.
(4)
The proposed use will not require such additional
public facilities or services or create fiscal burdens upon the Town
greater than those which characterize uses permitted by right.
(5)
As a condition of all special permit and conditional
use permits, right of entry for inspection with reasonable notice
shall be provided for to determine compliance with the conditions
of said permit.
(6)
As a condition of all special permits and conditional
use permits, a time limitation may be imposed.
B.
In addition to the general standards for conditional
uses and special permits as set forth above, the approving Board may,
as a condition of approval of any such use, establish any other additional
standards, conditions and requirements, including a limitation on
hours 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.
[Amended 8-20-1998 by L.L. No. 5-1998]
Public utilities; water supply reservoirs, wells
and water treatment facilities; and transmission lines and utility
poles for electric power, telephone and gas are subject to the following
supplementary requirements:
A.
These uses shall be subject to a finding, in addition to the standards of § 138-53, that a public necessity exists for such use in the Town of Southeast, and that use of the particular site for which application is made is appropriate from the public standpoint.
B.
The Town Board may require that such use be enclosed
by protective fencing with a gate, which shall be closed and locked
except when necessary to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted
and screened with evergreens that it will be harmonious with the area
in which it is located. The entire property shall be suitably landscaped
and maintained in reasonable conformity with the standards of property
maintenance of the surrounding neighborhood.
D.
Indoor parking or off-street parking areas shall exist
or be provided for maintenance, service and other vehicles which are
regularly stored or maintained on the site of the public utility.
E.
In appropriate cases, satisfactory evidence shall
be submitted establishing that there will be no interference with
radio and television reception on adjoining property in the neighborhood.
[Added 8-20-1998 by L.L. No. 5-1998]
The development of telecommunications towers
and facilities and related structures shall be permitted as a conditional
use in all zones with the approval of the Planning Board. A communications
tower and facility shall be subject to the following supplementary
requirements:
A.
Purpose. The purpose of these supplementary requirements
and standards is to regulate the development of communications towers
and facilities in the Town of Southeast, consistent with the general
purposes stated in this chapter, to accommodate the necessary infrastructure
for the provision of telecommunications services within the Town,
to address the visual, aesthetic and land use compatibility aspects
of telecommunications facilities, towers and antennas and more specifically
to:
(1)
Minimize the total number of towers throughout
the Town.
(2)
Encourage the collocation or shared use of proposed
and existing tower sites.
(3)
Encourage the location of towers and antennas,
to the extent possible, in areas where the adverse impacts on the
community are minimized.
(4)
Encourage the configuration of towers and antennas
in a way that minimizes the adverse visual impact of the towers and
antennas.
(5)
Enhance the provision of telecommunications
services within the borders of the Town of Southeast.
B.
Application procedures and requirements.
(1)
The proposed use shall conform to the general requirements and procedures of this chapter and to the general and special requirements of Article X, Special Permits and Conditional Uses, of this chapter, including § 138-53, General requirements for conditional use and special permit approval. The required application for site development plan approval, for a conditional use permit, shall conform to the requirements and standards of Article IX of this chapter, regarding site development plan review.
(2)
Where an application involves the addition or
removal of antennas or other equipment onto or from the site of an
existing communications tower and facilities (or "tower facility")
by the current users or operators of said facilities, such application
may, at the discretion of the Planning Board, be considered exempt
from the requirements for a conditional use approval and the related
site development plan approval. Exemption from conditional use or
site development plan approval shall only be granted for proposed
development that complies with the criteria below and shall be subject
to a building permit.
(3)
The location of antennas upon existing water
tanks, power lines, rooftops or any existing structure may, at the
discretion of the Planning Board, be considered exempt from the requirements
for a conditional use approval and the related site development plan
approval. Exemption from conditional use or site development plan
approval shall only be granted for proposed development that complies
with the criteria below and shall be subject to a building permit.
(a)
The addition of antennas or other equipment
onto an existing tower facility shall be exempt where such addition
involves the installation of antennas or other equipment clearly indicated
as part of the original approval for the communication tower and facilities,
including approved additional users and collocation of approved equipment
and including approved accessory structures. An exemption granted
under this subsection need not comply with the criteria in the subsections
below.
(b)
The addition of antennas or other equipment
onto an existing tower facility or structure shall not result in any
increase in the total height of the structure, as originally approved,
including the height of any antenna protruding above the tower facility
or other structure.
(c)
The addition of antennas or other equipment
onto an existing tower facility shall not result in any increase in
bulk (i.e., volume) greater than 25% over the total bulk of antennas
or other equipment approved for installation on said tower as per
the original approval of said tower facility. The bulk of existing
and proposed antennas shall be calculated in appropriate cubic (three-dimensional)
units such as cubic inches or cubic feet. The applicant shall demonstrate,
by the submission of a structural integrity report prepared by a licensed
professional engineer, that the installation of additional antennas
will not exceed the structural capacity of the existing tower.
(d)
The removal of antennas or other equipment from
an existing tower facility shall only be permitted as an exemption
herein where it results in a net reduction in the bulk (i.e., volume)
of the total bulk of antennas or other equipment approved for installation
on said tower as per the original approval of said tower facility.
The removal of an antenna under an exemption herein shall not result
in any significant alteration of the remaining antennas or equipment
on the tower structure.
(e)
The addition of antennas or other equipment
onto an existing tower, under this exemption, shall not include the
construction of any new accessory structures such as equipment buildings,
fencing or other site improvements unless such accessory structures
or improvements are clearly indicated as part of the original approval
for the communications tower and facilities.
(f)
Where it is intended to locate an antenna upon
an existing structure which has not previously obtained a conditional
use approval for a telecommunications tower or facility (e.g., a water
tank, flagpole, rooftop, steeple, bell tower or power line):
[1]
The proposed installation shall not exceed the
structural capacity of the existing mounting structure.
[2]
The proposed installation shall not cause interference
with existing equipment.
[3]
Any related equipment, other than antennas,
shall be placed within the existing structure or at the base thereof,
provided that the related equipment located at the base of an existing
mounting structure shall be fully enclosed and shall have a base not
to exceed one hundred square feet and shall not be more than eight
feet in height.
[4]
The planned equipment shall not extend more
than 20 feet above the highest point of the structure and shall comply
with all applicable FCC and Federal Aviation Administration (FAA)
regulations and state and local building codes.
C.
Reimbursement of review costs. The applicant shall
be required to establish an escrow account to reimburse the Town of
Southeast for the legitimate costs of review associated with the use
of professionals qualified to review the required plans, reports and
other technical information submitted in support of an application
for a communications tower and facility. An estimate of the approximate
cost of review services shall be provided by all reviewing professionals
assisting the Town in such reviews.
D.
Additional application information. In addition to the site development plan specifications in Article IX, applications for development of communications towers and facilities shall include the following information:
(1)
Name(s) and address(es) of persons preparing
submitted plans, reports and information.
(2)
Name(s) and address(es) of the property owner,
operator and applicant.
(3)
An affidavit of title setting forth the identity
of the fee owner of the premises, all encumbrances to which title
to the property is subject and a statement that there are no restrictions
or covenants running with the land which may prohibit the use of the
property or a portion thereof for a telecommunications tower or facility.
(4)
Elevations and details of the proposed structure,
including the height, width, depth, location and configuration of
guy wires or other anchoring devices, type of materials, color(s),
lighting, the number and type of all proposed antennas and receiving
and transmitting equipment and other relevant information for all
existing and proposed structures, equipment, parking and all other
related improvements. The elevations and details shall provide, as
appropriate, information about the facilities of other users if the
applicant is considering the collocation of additional antennas, equipment
and other facilities, including the relationship of the height of
the tower to the feasibility of collocation of additional facilities.
The site plan shall also include a description of the proposed communications
tower and facility and such other information that the Planning Board
may require.
(5)
The site development plan shall indicate the
location of the proposed access to the site, including the location
of access to a suitably improved roadway, the length, width, grading,
drainage, snow storage area and driveway profile and proposed surface
material(s). The proposed access shall be used only for the purposes
of operation, maintenance and repair of the communications tower and
facilities. Any proposed fence or gate related to the access driveway
shall be shown, including provision for police, fire or emergency
vehicle access to the site and facilities.
(6)
Visual EAF addendum.
(a)
A visual EAF addendum shall accompany the full
environmental assessment form (EAF) to be submitted with the site
plan. Following review of the visual EAF addendum, a visual impact
analysis or study may be required to further assess the visual impact
of a proposed tower facility. Any visual assessment shall consider
the effects of any proposed or potential plans for collocation and
shall include additional development alternatives or scenarios, as
appropriate, to properly consider the effects of collocation. The
consideration of alternative designs may be requested as part of the
visual assessment, such as flagpole technology (a monopole with internal
antennas), a camouflaged pole and antennas, installation of antennas
on existing structures at appropriate locations, the use of whips
(individual antennas) on utility poles and connection with a fiber
optic network, if available, or other designs that may provide for
the mitigation of visual impacts; provided, however, that no such
alternative design shall be required that would be inconsistent with
the telecommunications technology of the particular applicant.
(b)
The methodology for any visual analysis should
be approved by the Planning Board and shall address impacts on nearby
viewsheds, ridgelines, scenic features and historic sites and structures
identified as significant, as well as compatibility with nearby land
uses. The Planning Board may consider methodologies, including but
not limited to the following:
[1]
A photographic simulation or photographic montage,
with and without foliage.
[2]
A demonstration using a balloon or the top of
the actual structure on a project site, based on the following requirements:
[a]
Balloon shall be flown at actual
height. Alternatively, the top portion of a tower structure, with
all proposed antennas and appurtenances attached, shall be temporarily
held up at actual height (typically by a crane).
[b]
Balloon shall be a "weather" or
other type of balloon of a size and color that can be seen clearly
from a distance of one mile.
[c]
To the extent practicable, balloon
or top of tower shall have same reflective property.
[d]
Top of tower shall include all
proposed antennas and appurtenances.
[e]
Balloon shall be flown, or top
of tower shall be held up, for a minimum of eight hours.
[f]
There shall be sufficient notification
to all owners of property within 1,000 feet of the proposed site.
(7)
A landscape plan shall delineate existing vegetation
and wooded areas to remain undisturbed, specimen trees of six inches
in diameter at breast height or larger and the height of the surrounding
tree line and shall identify vegetation to be removed, including areas
to be kept clear by mowing, and the location, size, type and number
of all proposed plantings. Additionally, any other improvements such
as fences and walls shall be shown, including the purpose of such
improvements and details, elevations, materials and color and any
other information related to landscaping improvements, their purpose
and appearance.
(8)
A statement about safety measures related to
the project, such as fencing to prevent access to the tower structure
and related equipment.
(9)
Documentation sufficient to demonstrate that
the proposed tower height is the minimum height necessary to provide
licensed communications services to locations within the Town of Southeast
which the applicant is not able to serve with existing facilities
in the project site area. Additionally, documentation regarding height
should address any variations in height necessary to accommodate collocation
of antennas or other equipment by other users or operators.
(10)
An affidavit by the applicant regarding whether
the construction of the facility will accommodate the collocation
of additional communications antennas or facilities for future users,
when technically and economically feasible, may be required. Said
affidavit should examine the following:
(a)
Whether the addition of necessary equipment
required for the collocation of additional communications antennas
or facilities would exceed the structural capacity of existing or
proposed facilities;
(b)
The potential for the equipment to cause unmitigable
interference with existing or proposed equipment; or
(c)
Whether the applicant, after a good faith effort,
has been able to reach an agreement with the owner of an existing
facility.
(11)
A report prepared by a New York State licensed
professional engineer specializing in structural engineering about
the structural integrity of the proposed communications tower and
facility. The report shall demonstrate the structure's compliance
with applicable standards and shall describe the structure's capacity,
including the number and type of antennas it can accommodate, using
illustrations as necessary. In the case of antennas being mounted
on an existing structure, the equivalent of the above-required information
shall be provided about the existing structure.
(12)
Report on safety of radio emissions.
(a)
A report, certified by a qualified health physicist
or other licensed professional, about the safety of the radio emissions
of the proposed facility, including the following information:
[1]
Evidence of FCC license, franchise
and/or permit to grantee/applicant, including information regarding
all related permitting standards and specifications.
[2]
The frequency, modulation and class
of service of radio equipment.
[3]
The transmission and maximum effective
radiated power of the antenna(s).
[4]
The direction of maximum lobes
and associated radiation of the antenna(s).
[5]
Certification that the NIER (nonionizing
electromagnetic radiation) levels at the proposed site are within
the levels adopted by the Federal Communications Commission (FCC)
or any subsequent superseding emission standard adopted by the FCC,
based on the maximum equipment output.
[6]
Certification that the proposed
antenna(s) will not cause interference with existing communications
devices.
[7]
Certification of compliance with
the following:
[a]
All current, applicable FCC regulations
and standards.
[b]
National Electrical Safety Code
(NESC).
[c]
National Electrical Code (NEC).
[d]
All current standards of all federal
agencies with authority to regulate telecommunications towers and
antennas.
[e]
All pertinent New York State Building
Codes.
(b)
The above report shall be certified to be true,
complete and accurate and subject to all applicable penalties.
(13)
Map.
(a)
A map which shows the applicant's existing and
proposed area of coverage (propagation map) including all adjacent
hand-off cells outside the Town of Southeast. The map shall locate
all existing and proposed sites in the Town and in bordering communities
which contain communications towers or facilities used by the operator,
owner or applicant or other operators and which provide coverage in
the Town of Southeast and are related to all adjacent hand-off cells
outside the Town.
(b)
A detailed report shall accompany the coverage
map which indicates why the proposed communications tower and facility
is necessary. The report shall also identify locations within the
proposed project site service area which are not and could not be
served by either existing or proposed facilities (depicted in the
map of coverage and existing facilities), by collocation or by other
development options.
(14)
When an applicant proposes to locate additional antennas or facilities on existing towers or sites (collocation), the application may include appended information from a previously approved application for the same site or facility to address application requirements. The proposed application must provide additional or updated information pertinent to the new antennas or facilities and must address related changes in conditions on or near the site. The submittal of appended materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 138-54.1B, above.
(15)
If collocation is not proposed, an affidavit stating that collocation is not feasible. Said affidavit shall examine the aspects of feasibility noted in Subsection D(10) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.
(16)
In order to assess the long-term effects of
communications tower development on the Town of Southeast and areas
surrounding the proposed tower site, the Planning Board may require
the presentation of a long-range conceptual plan for additional communications
tower and facility development by the applicant. The long-range plan
shall address the possible location of additional tower sites, the
related service area coverage and alternative long-range plan scenarios
that illustrate the potential effects of tower height on the number
of towers in the service area.
E.
Criteria for development. An application for a conditional
use approval for development of a communications tower and facility
and the concurrent application for site development plan approval
shall meet all of the following criteria:
(1)
Collocation.
(a)
The collocation, or sharing, of existing tower
structures for mounting of proposed communications antenna(s) or equipment
shall be preferred to the construction of new towers and facilities.
When a new tower structure is proposed, the applicant must demonstrate
that the proposed communications tower and facility cannot be accommodated
on an existing facility within the project area, including areas within
the Town of Southeast and nearby areas in adjacent municipalities.
(b)
When an applicant proposes collocation of proposed
antenna(s) on an existing structure, the applicant must demonstrate
that the existing site will be properly adapted to the placement of
additional antenna(s). As required by the Planning Board, the applicant
shall address the capacity of the site and structure and necessary
screening, landscaping and additional safety measures. The applicant
may append previously approved plans and supportive application materials
and approvals to support the location of new facilities on existing
facilities.
(2)
Height.
(a)
The maximum permitted height of a communications
tower, monopole or any structure constructed for the purpose of locating
antennas or telecommunications devices shall be as follows:
(b)
The height shall be measured from the elevation
of the proposed finished grade at the base of the communications tower
structure to the top of the tower or monopole structure or to the
top of any antenna or equipment installed above the top of the structure.
(c)
The applicant must demonstrate to the satisfaction
of the Planning Board that the proposed height and bulk of a communications
tower or monopole is the minimum height and bulk necessary to provide
service to meet the applicant's communications needs within the Town's
boundaries and that the visual or aesthetic impact has been minimized
to the greatest extent practicable. The applicant shall present a
long-range conceptual plan for other sites in the vicinity of the
proposed facility site to illustrate the effect of variations in tower
height and bulk on the number, location and collocation of additional
antennas, towers and facilities.
(3)
If an applicant anticipates the potential collocation
of antennas by other users on a proposed new communications tower,
these facilities may be presented in the application. If specific
users or operators, other than the principal applicant, are being
identified by the applicant, then appropriate certification must be
submitted with the application that the applicant is authorized by
the other users, or that the other users are co-applicants, to properly
represent such other users in the approval of the application. All
application materials, plans and illustrations must clearly identify
additional users' facilities and service areas as is required for
the primary applicant or co-applicant, as appropriate.
(4)
A proposed communications tower shall be separated
from all the boundary lines on the lot on which it is located by a
distance equal to the height of the tower plus the distance of the
corresponding minimum yard setback (front, side and rear) according
to the requirements for that use group as stated in the Table of Bulk
Requirements of this chapter[1] (i.e., the tower height plus the front yard setback equals
the total required setback from the front lot line).
[1]
Editor's Note: The Table of Bulk Requirements
is located at the end of this chapter.
(5)
Setback requirements; gross floor area.
(a)
All related buildings shall conform to the applicable
minimum front, side and rear yard setback requirements for the corresponding
use group. The additional setback distance, equal to the tower height,
shall not be applied to the related buildings proposed to house equipment
and for maintenance and operation of the communications tower and
facility. However, the related buildings shall be located so as to
minimize visibility from adjacent properties and, if the Planning
Board so directs, shall be located in the rear of the site and shall
be effectively screened from the view of the site's road frontage(s).
(b)
The total gross floor area for any related buildings
shall be the minimum size necessary for operation and shall not exceed
600 square feet per operator or user with facilities located on the
site. Operators and users on sites with more than one such structure
shall share such structures whenever possible to minimize the number
and total area of such structures on a site.
(6)
The Planning Board, at its discretion, may require
that security fencing be located around each communications tower
and facilities or related structures to secure the site, including
provision for access to the tower facility through a locked gate.
If required, said fencing shall be designed to minimize visual and
aesthetic impacts.
F.
Design guidelines. An application for development
of a communications tower and facilities shall meet the following
applicable design guidelines:
(1)
Unless required by the Federal Aviation Administration
(FAA), the painting or marking of towers or monopoles shall have a
finish or coloring that will minimize visual and aesthetic impacts.
The applicant shall consider using a galvanized finish and be painted
gray or blue-gray or another finish or color that is visually unobtrusive.
(2)
Unless required by the Federal Aviation Administration
(FAA), or other federal, state or local agency, no signals, lights
or illumination shall be permitted on communications towers. Any lighting
necessary for the related structures shall be minimized and shall
be properly shielded to prevent glare onto adjacent properties, provided
that such minimization and shielding complies with all federal and
state laws.
(3)
The base of the communications tower or monopole
and any related structure shall be effectively screened using primarily
vegetative screening such as a continuous evergreen hedge consisting
of native trees and shrubs. Clearing and site disturbance shall be
minimized and shall conform to all pertinent Town regulations and
requirements. Existing vegetation shall be preserved to the maximum
extent practicable. Additional plantings shall be required, as necessary,
to screen structures from nearby properties or important viewsheds
or scenic areas. All landscaping shall be properly maintained to ensure
good health and viability.
(4)
All communications tower facilities shall be
located and designed to have the least possible adverse visual and
aesthetic effect on the environment. Alternative designs may be considered
such as flagpole technology (a monopole with internal antennas), a
camouflaged pole, installation of antennas on existing structures
at appropriate locations, the use of whips (individual antennas) on
utility poles or other designs that may provide for the mitigation
of visual impacts. Any alternative design option considered hereunder
shall be consistent with the purpose, procedures, requirements and
standards of these supplementary regulations.
(5)
Signage shall be prohibited on communications tower facility sites except for an identification sign that complies with all of the permitting requirements and design standards in Article XII of this chapter. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.
G.
Additional requirements.
(1)
The terms of any approval for a communications
tower and facilities shall require the applicant to post a bond in
the amount recommended by the Planning Board to the Town Board based
on an estimate approved by the Town Engineer to cover the cost of
the removal and disposal of the tower, antenna and associated facilities.
The bond shall be maintained for so long as the tower, antenna and
associated facilities remain in place. The Planning Board may recommend
to the Town Board that adjustments be made to the amount of the bond
periodically and may require the submittal of a new or modified bond,
based on an estimate by or approved by the Town Engineer, of the cost
of the removal and disposal of the tower, antenna and associated facilities.
(2)
In any approval for a communications tower and
facilities, the Planning Board shall require an irrevocable commitment
from the owner of the tower, antenna and associated facilities to
defend, indemnify and hold the Town of Southeast and its boards, officials,
employees and agents free and harmless from judgments or costs, including
reasonable attorneys' fees, arising directly or indirectly from the
construction, use or operation of the tower, antenna and associated
facilities.
H.
Construction, operation and maintenance.
(1)
Conditional use approval: expiration, alteration,
review.
(a)
Unless otherwise specified, any conditional use approval granted under this section shall be subject to the terms for expiration in accordance with § 138-85G, Time limit. Similarly, unless otherwise specified, any site development plan approval granted under this section shall be subject to the terms for expiration in accordance with § 138-41M, Expiration. The Planning Board may specify a ten-year term for expiration of individual conditional use or project development plan approvals, as deemed necessary, to provide an opportunity for periodic review of a communication tower and facilities. The periodic review shall address any changes in the design and technology of the tower or antennas, or changes in the operators' services or coverage area, that may result in the need for modification of the tower structure, antennas, collocation accommodations or related structures or site improvements. The Planning Board may require technical review by a qualified specialist.
(c)
Alternatively, if it is found that no alteration
of the existing tower, antennas or facilities is required, then the
Planning Board shall grant a renewal of the conditional use and site
development plan approvals. In this case, an application, review,
public hearing and approval shall not be required.
(2)
Any conditional use approval granted under this
section may be revoked by the Planning Board after a hearing. The
Planning Board shall provide written notification to the owner(s)
of the tower, antenna and any associated facilities at least 10 days
prior to such hearing so that they may have an opportunity to be heard.
If at such hearing it shall be shown by substantial evidence that
the tower, antenna and associated facilities constitute a nuisance
or a safety hazard, or that the conditions of the approval have been
materially violated, the Planning Board may revoke the said conditional
use approval.
(3)
Abandonment; discontinuation of use.
(a)
In the event that the use of a communications
tower and facilities has been discontinued for a period of 180 consecutive
days or more, the facility shall be deemed to be abandoned. If there
are two or more operators or users of a communications tower facility,
then this provision shall become effective only when all users have
discontinued use of said facility. The Building Inspector shall make
a determination of the date of abandonment and shall request documentation
from the owner or operator of the facility regarding usage within
five days of the determination of abandonment.
(b)
Any conditional use permit or other approvals
granted by the Town related to the communications tower and facilities
shall automatically expire on the date the facility is deemed to be
abandoned.
(4)
Removal; disposal.
(a)
Within 90 days after the determination of abandonment,
or the revocation of a conditional use or site development plan approval,
the tower facility and related structures shall be removed by the
owner or operator and shall be properly disposed of in accordance
with all local, state and other regulations regarding such disposal.
(b)
If the tower and related structures are not
removed within said ninety-day period, a process for removal by the
Town of Southeast shall be commenced at the owner's or operator's
expense.
(c)
Following the expiration of the ninety-day period,
the Building Inspector, with the approval of the Planning Board, may
notify the owner, in writing, that removal must be accomplished within
30 days of said notification. The notification shall indicate that
failure to remove the tower and related structures within 30 days
shall result in the removal of said facilities by the Town of Southeast
at the owner's expense. Any cost incurred by the Town in such removal,
not paid under the owner's bond, shall constitute a lien on the tax
lot on which the tower is situated and shall be collected in the same
manner as a Town tax on real property.
(5)
As deemed necessary by the Building Inspector
or by the Planning Board, the Building Inspector may require certification
of compliance with all FCC standards and requirements related to the
operation of the communications tower and' facilities. Such certification
shall be prepared by a qualified engineer or other qualified specialist.
Additionally, the facility may be inspected by a qualified representative
of the Town. If deemed necessary, testing may be conducted at the
owner's expense.
I.
Alteration of an existing communications tower, antenna
or related structure.
(1)
Alteration of an existing communications tower
or monopole, antenna or any related building or other structure or
improvement, including a plan for the collocation of facilities, which
results in a change in the use of said facility, or a change in the
type(s) of antenna(s), or an increase in the size, height or bulk
of the antenna(s) or tower, or an increase in the type or intensity
of lighting, or reduction of any of the improvements related to screening
of the facility, shall be permitted only after application to the
Planning Board. The application shall be reviewed as if the alteration
were a new application for a conditional use permit and a new application
for site development plan approval and may include appended materials
from a previous approval.
[Added 10-8-2020 by L.L.
No. 8-2020]
All shooting ranges shall be subject to the following supplementary
regulations:
A.
Exempt ranges. The provisions of this section shall not apply to
shooting ranges not open to the public which are utilized solely for
law enforcement and/or governmental purposes.
B.
Supervision.
(1)
There shall be a certified range master, a firearms instructor
or a range safety officer on site and actively in control of the shooting
range whenever open to the public or the range is in use.
(2)
Range masters, firearm instructors or range safety officers
shall have been trained by and have a valid current certification
from one of the following organizations:
(a)
Firearms instructors: National Rifle Association (NRA), New
York State-Division of Criminal Justice Services (NYS-DCJS), International
Association of Law Enforcement Firearms Instructors (IALEFI), Smith
& Wesson Academy, SIG Arms Academy, any U.S. federal law enforcement
agency (FBI, FLETC, ICE, USSS, ATF, USBP), any U.S. military agency
(Army, Navy, Marines, Air Force, Coast Guard, National Guard).
(b)
Range safety officers: National Rifle Association (NRA), International
Defensive Pistol Association (IDPA), International Practical Shooting
Association (IPSC), United States Practical Shooting Association (USPSA).
(c)
Range master: SIG Arms Academy, Smith & Wesson Academy,
Action Target Academy, any U.S. military agency and any federal law
enforcement agency.
(3)
Range masters, firearm instructors or range safety officers
shall also:
(a)
Be at least 21 years of age.
(b)
Not have ever been convicted of any felony involving violence
or intimidation, or the use of firearms or any offense related to
the use, control, possession or sale of firearms.
(c)
Not be a person prohibited from possessing firearms as provided
by Article 265 of the New York State Penal Law.
(4)
There shall be at least one range master, firearms instructor
or range safety officer for every five shooters.
C.
Operation of shooting ranges.
(1)
No new shooting range shall be located nearer than 500 feet
from the property line of any school, day-care center, church, hospital,
public park, or residentially zoned property, or in any location which,
in the opinion of the Town Board, will result in the annoyance of
any nearby resident.
(2)
No gambling, betting or wagering shall be permitted upon the
premises.
(3)
No alcoholic beverages shall be possessed or consumed on the
premises, and no person under the influence of alcohol, mind-altering
drugs, or controlled substances as defined by Article 220 of the New
York State Penal Law shall be allowed on the premises.
(4)
Range masters, firearms instructors, range safety officers,
and any other employees shall wear a uniform or other distinguishing
mark to identify them as employees.
(5)
Access for entrance to the shooting range shall be under continuous
control, monitoring and supervision by the operator and/or employees.
(6)
All waste material generated at the range will be managed and
timely disposed of in accordance with all federal and state hazardous
waste regulations.
(7)
The conduct and operation of any shooting range shall be in
compliance with any and all federal, state and/or local laws, rules,
codes and/or regulations.
(8)
Firearm types used at shooting ranges are restricted to rifles,
shotguns, pistols and similar firearms. The use of bows and crossbows
are also permitted. The use of fully automatic firearms and explosives
is permitted for official police or military training exercises only.
(9)
The owner/operator of the shooting range shall keep on file
with the Town Clerk a current certificate of insurance indicating
it has in force and effect general liability insurance coverage with
coverage limits of not less than $1,000,000 per occurrence for bodily
injury and death, and not less than $500,000 for property damage.
(10)
No shooting range shall operate except upon the issuance of
a certificate of compliance issued by the Town of Southeast Code Enforcement
Officer signifying the issuance of a special permit, and compliance
with the provisions of this section. The certificate of compliance
must be renewed annually, and may be revoked at any time upon the
determination of the determination of the Code Enforcement Officer
that the shooting range is being operated in violation of the provisions
of the special permit or the provisions of this section.
D.
Indoor shooting ranges are subject to the following supplementary
regulations:
(1)
All doors, gates and entrances leading into that part of the
premises between the firing point and the backstop shall be securely
locked and alarmed, and no person shall be permitted therein at any
time persons are engaged in shooting or have access to the firearms
used. Attendants and employees may, however, enter said part of the
premises between the firing point and the backstop while shooting
is not in progress.
(2)
The shooting range shall be properly and adequately ventilated
at all times.
(3)
Shooting ranges shall be subject to the noise restrictions of Chapter 96, "Noise" of the Code of the Town of Southeast.
(4)
Shooting range hours of operation shall be specified in the
special permit.
E.
Transfer of special permit. Shooting range special permits shall
not be transferred. In the event of any change involving the owner
or operator of the business, the type of business, the name of the
business or the business location, a new special permit shall be required.
F.
Severability. Should any section, paragraph, sentence, clause or
phrase in this chapter be declared unconstitutional or invalid for
any reason, the remainder of this section shall not be affected thereby
and shall remain in full force and effect, and to this end, the provisions
of this section are declared to be severable.
Membership clubs and golf and country clubs
are subject to the following supplementary regulations:
A.
The privileges of any club shall be limited to bona
fide regularly enrolled members and their guests. The club shall be
operated solely for recreational, social or athletic purposes and
not for pecuniary gain.
B.
The Planning Board may reduce the parking requirements,
provided that the club facilities are so laid out that there are lawn
areas that could accommodate temporary overflow parking.
C.
The Planning Board may permit the use of any existing
building meeting the yard requirements of this chapter for club purposes,
provided that the club meets all other standards and requirements
of this chapter.
D.
The Planning Board may permit the use of outdoor public
address systems, provided that no more sound shall carry beyond the
limits of the club site than would be inherent in the ordinary residential
use of the property.
E.
No club shall be operated so as to create a nuisance
to surrounding properties. The Planning Board may require such facilities
as are required to protect neighbors from any nuisances or hazards
which would be inherent in the operation of the club.
F.
One dwelling unit may be located in the clubhouse
for the use of a caretaker and his/her family. Sleeping rooms, without
individual kitchen facilities, shall be permitted for the overnight
accommodation of members and their guests, but there shall be no more
than one such sleeping room for each four acres of net lot area.
G.
A conditional use approval shall be issued to a qualified
organization for a specific use or purpose and for a maximum number
of members or seating capacity, and a new approval shall be required
for any change of organization, use or purpose or increase in maximum
membership or seating capacity.
[Added 4-24-2003 by L.L. No. 7-2003]
Houses of worship, including but not limited
to churches, synagogues, mosques, and any other place of worship and
any accessory uses such as parking, schools, or playgrounds, shall
be subject to the following supplementary regulations:
A.
All buildings on lots adjoining single-family residential
properties shall be set back from front, side, and rear property lines
a minimum of 300 feet. All buildings on lots adjoining commercial
or other nonresidential properties shall follow the setbacks as indicated
in the Table of General Use Requirements for Use Group "f."[1]
[1]
Editor's Note: The Table of General Use Requirements
is located at the end of this chapter.
B.
All parking on lots adjoining single-family residential
properties shall be set back from front, side, and rear property lines
a minimum of 200 feet.
C.
An environmental conservation buffer of 50 feet shall
be provided on all side and rear yards on lots within a residential
zoning district.
D.
The Town Board may permit the use of outdoor public
address systems, provided that no more sound shall carry beyond the
limits of the site than would be inherent in the ordinary residential
use of the property.
E.
The Town Board may reduce the parking requirements,
provided that the parking facilities are so laid out that there are
lawn areas, or other such surfaces, that could accommodate temporary
overflow parking.
F.
Site lighting shall not project into surrounding residential
properties.
G.
The height of any steeple, minaret or other such structure
shall not exceed 75 feet.
H.
All playground equipment shall be a minimum of 200
feet from any adjoining residential property in a residential district.
[Added 4-24-2003 by L.L. No. 7-2003]
All private elementary, private middle school,
private high school, and colleges and universities and any accessory
uses such as parking, ballfields, or playgrounds shall be subject
to the following supplementary regulations:
A.
All buildings on lots adjoining single-family residential
properties shall be set back from front, side, and rear property lines
a minimum of 300 feet. All buildings on lots adjoining commercial
or other nonresidential properties shall follow the setbacks as indicated
in the Table of General Use Requirements for Use Group "i."[1]
[1]
Editor's Note: The Table of General Use Requirements
is located at the end of this chapter.
B.
All parking on lots adjoining single-family residential
properties shall be set back from front, side, and rear property lines
a minimum of 200 feet.
C.
An environmental conservation buffer of 50 feet shall
be provided on all side and rear yards on lots within a residential
zoning district.
D.
The Town Board may permit the use of outdoor public
address systems, provided that no more sound shall carry beyond the
limits of the site than would be inherent in the ordinary residential
use of the property.
E.
The Town Board may reduce the parking requirements,
provided that the parking facilities are so laid out that there are
lawn areas, or other such surfaces, that could accommodate temporary
overflow parking.
F.
Site lighting shall not project into surrounding residential
properties.
G.
All playground equipment shall be a minimum of 200
feet from any adjoining residential property in a residential district.
[Amended 4-24-2003 by L.L. No. 7-2003]
A.
Hotels and motels are subject to the following supplementary
regulations:
(1)
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 3,000 square feet of site area,
exclusive of required yards.
(2)
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 a shower or bath, one toilet facility and a sink. No
hotel or motel building shall exceed the maximum height permitted
for such use in any zoning district in which such use is allowed.
(3)
The following accessory uses shall be permitted:
(a)
One apartment for the use of the manager or
caretaker and his/her family.
(b)
One coffee shop for hotels and motels with fewer
than 30 rooms. For hotels or motels with 30 or more rooms, a restaurant
with bar facilities and a coffee shop are permitted.
(d)
Office and lobby, provision of which shall be
mandatory for each hotel or motel.
(e)
Meeting and/or conference rooms and banquet
facilities.
(4)
All hotels and motels shall be equipped with central
sprinkler and fire alarm systems and must meet all local building
and fire codes.
(5)
An environmental conservation buffer of at least 50
feet in width shall be provided along side and rear property lines.
B.
Bed-and-breakfasts are subject to the following supplementary
regulations:
(1)
The number of permitted guest rooms shall be no more
than one guest room per acre of lot size.
(2)
All bed-and-breakfasts must have primary access from
a state or county road.
(3)
The principal structure shall be a minimum of 200
feet from any lot line.
(4)
Outdoor garbage storage shall be a minimum of 200
feet from any lot line and shall be so screened as to not be visible
from adjoining properties.
(5)
Outdoor lighting shall be the minimum required for
safety of vehicular and pedestrian accessways and shall be downcast
lighting. Outdoor lighting shall not be directed outwards toward neighboring
properties.
(6)
A minimum of one parking space per guest room plus
one parking space per employee shall be provided. Parking areas shall
be screened from neighboring properties by a landscaped buffer.
(7)
There shall be no catering for public or private events.
There shall be no restaurants open to the public or to overnight guests.
All food served on premises shall be for the sole consumption of overnight
guests and employees of the bed-and-breakfast and shall be included
as part of the fee charged for lodging.
(8)
One accessory apartment, containing a kitchen and
bathroom, shall be dedicated for occupancy by an owner or manager
of the bed-and-breakfast.
(9)
All bed-and-breakfasts shall be equipped with central
sprinkler and fire alarm systems and must meet all local building
and fire codes.
C.
Country inns are subject to the following supplementary
regulations:
(1)
The number of permitted guest rooms shall be no more
than one guest room per acre of lot size.
(2)
All country inns must have primary access from a state
or county road.
(3)
The principal structure shall be a minimum of 200
feet from any lot line.
(4)
Outdoor garbage storage shall be a minimum of 200
feet from any lot line and shall be so screened as to not be visible
from adjoining properties.
(5)
Outdoor lighting shall be the minimum required for
safety of vehicular and pedestrian accessways and shall be downcast
lighting. Outdoor lighting shall not be directed outwards toward neighboring
properties.
(6)
A minimum of one parking space per guest room plus
one parking space per employee plus one space per each 50 square feet
of patron space dedicated to a public restaurant or bar shall be provided.
Parking areas shall be screened from neighboring properties by a landscaped
buffer.
(7)
Catering for public or private events or public restaurants
or bars is permitted as an accessory use to a country inn, provided
that:
(8)
One accessory apartment, containing a kitchen and
bathroom, shall be dedicated for occupancy by an owner or manager
of the country inn.
(9)
All country inns shall be equipped with central sprinkler
and fire alarm systems and must meet all local building and fire codes.
(10)
An environmental conservation buffer of at least
50 feet in width shall be provided along side and rear property lines.
D.
Conference centers are subject to the following supplementary
regulations:
(1)
All conference centers must have primary access from
a state or county road.
(2)
There shall be no more than one lodging unit for each
3,000 square feet of site area, exclusive of required yards.
(3)
Each lodging unit shall have an area of at least 300
square feet. Each lodging unit shall have a bath facility with a shower
or bath, one toilet facility and a sink.
(4)
A lodging unit may contain an efficiency kitchen containing
one sink and one refrigerator. Stoves, ovens, and warming plates are
not permitted. Microwave ovens, toaster ovens, and coffee makers are
permitted.
(5)
The following accessory uses shall be permitted:
(a)
One apartment for the use of the manager or
caretaker and his/her family.
(b)
One coffee shop for conference centers with
fewer than 30 rooms. For conference centers with 30 or more rooms,
a restaurant with bar facilities and a coffee shop are permitted.
(c)
(d)
Office and lobby, provision of which shall be
mandatory for each conference center.
(e)
Meeting and/or conference rooms and banquet
facilities.
(6)
All conference centers shall be equipped with central
sprinkler and fire alarm systems and must meet all local building
and fire codes.
(7)
A minimum of one parking space per guest room plus
one parking space per employee plus one space per each 50 square feet
of patron space dedicated to a public restaurant or bar shall be provided.
Parking areas shall be screened from neighboring properties by a landscaped
buffer.
(8)
An environmental conservation buffer of at least 50
feet in width shall be provided along side and rear property lines.
[Added 2-18-1999 by L.L. No. 2-1999; amended 9-23-2021 by L.L. No. 4-2021]
Accessory apartments are subject to the following supplementary
conditional use requirements:
A.
The owner of the lot upon which the accessory apartment is located
shall occupy and maintain as his legal residence at lease one of the
dwelling units on the premises. Properties located in the GC-2 Zoning
District are exempt from this requirement.
[Amended 7-28-2022 by L.L. No. 3-2022]
B.
An accessory apartment may be located in the principal dwelling or
within an accessory residential structure such as a detached garage
or barn provided that the structure and apartment meet all applicable
health, building, and fire codes.
C.
There shall be no more than one accessory apartment or accessory
dwelling unit per lot, and the lot shall be of such size as to contain
an area at least 100% of the minimum lot area required for the district.
D.
The conversion is intended to create an accessory apartment that
is clearly incidental and secondary to the primary unit and may only
be approved under the following conditions:
(1)
The accessory apartment shall contain at least 300 square feet
and not more than 800 square feet of gross floor area but shall not
exceed 25% of the total floor area of the principal residence structure
unless, in the opinion of the Planning Board, a lesser or greater
amount of floor area is warranted by the specific circumstances of
the particular building.
(2)
The accessory apartment shall contain no more than two bedrooms.
(3)
No more than three persons shall occupy the accessory apartment.
(4)
A separate entrance shall be provided for the accessory apartment
at the side or the rear of the structure that does not face any street,
unless, in the opinion of the Planning Board, a street facing location
is warranted by the specific circumstances of the particular building.
No exterior changes shall be made to the dwelling which, in the opinion
of the Planning Board, will alter the single-family character of the
dwelling and neighborhood.
(5)
No fewer than three off-street parking spaces suitable for year-round
use shall be provided on the lot. No new driveway access to the street
shall be permitted. The Board may require the creation of additional
parking spaces, if deemed necessary, and the installation of screening
and/or planting to buffer parking areas from the street or from adjoining
residences.
(6)
The approval of the Putnam County Department of Health must
be obtained for water supply and sewage disposal systems prior to
the approval of the conditional use permit. If the dwelling is served
by community water supply or community sewage disposal system, proof
of approval from the appropriate water district and/or sewer district
is also required.
(7)
The Building Inspector shall be given a copy of the application
for conditional use permit by the Planning Board Administrator and
shall inspect the premises. A written report from the Building Inspector
shall be given to the Planning Board prior to granting any conditional
use permit for an accessory apartment or accessory dwelling unit.
(8)
An accessory apartment shall be subject to inspection by the
Building Inspector, Fire Code Inspector and/or Code Enforcement Officer
at any time. A finding of noncompliance with any condition or term
of the permit shall result in the issuance of an order to remedy.
The permit shall be revoked if the noncompliance is not corrected
within the time period set forth in the order to remedy.
(9)
A copy of the original conditional use permit and of each renewal
permit, signed by the owner of the property, shall be filed by the
applicant with the Town Clerk within 30 days of approval of the permit.
(10)
Applicants for permits for accessory apartments shall be responsible
for payment of fees and late charges as set by the Town Board from
time to time in the Town of Southeast Fee Schedule.
[Added 12-13-2018 by L.L.
No. 4-2018]
A.
All home occupations shall be subject to the following conditions:
(1)
A home occupation shall be clearly accessory to the principal
residential use of the dwelling and shall not change the character
thereof.
(2)
Permissible home occupations shall include art or craft studios;
dressmaking; tailor; baking, cooking, and preparation of goods for
off-site sale and consumption; office for a clergyman, lawyer, physician,
dentist, architect, landscape architect, designer, engineer, data
technician, real estate agent, consultant, or accountant; tutoring
and teaching, with music, dance and other instruction limited to four
pupils at a time; and internet based sales where no customers visit
the premises and all pick-up and delivery occur through standard residential
delivery services.
(3)
Home occupations shall exclude clinics and hospitals; barbershops,
beauty parlors, hairdressing and manicuring; tattoo parlors; restaurants
and bars; animal hospitals; animal grooming; kennels; commercial animal
breeding; taxi, limousine, or livery service or yard; contractor yard;
retail, wholesale, private, or rental sales where customers visit
the premises; towing or motor vehicle service; massage parlors; adult
uses; funeral homes; and palm reading and fortune telling.
(4)
All home occupation activities shall be conducted within the
enclosed space of the principal building or accessory residential
garage or barn. No outside storage or display is permitted.
(5)
The total floor area dedicated to the home occupation shall
not exceed 30% of the gross floor area of the principal dwelling unit.
(6)
The home occupation shall not produce or emit noise, vibrations,
smoke, dust, odors, heat, or glare detectable beyond the parcel boundary,
or offensive or detrimental to the immediate neighborhood.
(7)
No more than one nonresident employee shall be permitted to
work on the premises at any one time.
(8)
The home occupation shall not be open to the public earlier
than 8:00 a.m. or later than 7:00 p.m. on any day.
(9)
The home occupation shall not sell, produce, or dispose of any
lethal, toxic, or hazardous substance.
(10)
One commercial vehicle may be used for the home occupation in
addition to any personal vehicles used by members of the household.
No vehicle used for the home occupation shall be larger than a cargo
van or pickup truck.
(11)
All parking associated with the home occupation shall be in
the driveway, garage, or barn where the home occupation is located.
No parking, including employee or customer parking, is permitted in
the street or yard.
(12)
No more than 12 customer vehicles shall visit the premises of
the home occupation per day.
(13)
With the exception of alterations required for handicapped accessibility,
alteration of the residential appearance of the premises to accommodate
the home occupation is prohibited.
(14)
In granting a conditional use permit for a home occupation,
the Planning Board may impose reasonable conditions consistent with
preserving the character of the neighborhood, public health, safety,
and general welfare of the community. Among the limitations which
may be imposed are:
(15)
Any permit granted by the Planning Board shall apply only to
the use described in such permit, and it shall expire upon the termination
or modification of such use or the sale of the property.
[Added 6-3-2021 by L.L. No. 2-2021]
Live/work buildings are subject to the following supplementary
requirements:
A.
All live/work units shall be a studio or one-bedroom unit.
B.
Each live/work unit must be individually equipped with an enclosed
bathroom containing a sink, toilet, shower or tub, and appropriate
venting.
C.
Each live/work unit must be individually equipped with a kitchen
consisting of a sink, nonportable stove, oven and refrigerator.
D.
The commercial component shall be a minimum of 60% of the gross floor
area of the total development.
E.
Direct access between living and working areas must be provided.
[Amended 3-24-2011 by L.L. No. 4-2011]
Animal kennels and animal hospitals are subject to the following
supplementary requirements:
A.
In issuing a special permit for animal kennels and animal hospitals,
the Town Board shall stipulate the maximum number and type of animals
to be boarded. That number shall be based on site conditions, the
ability of the proposed facility to provide a safe and sanitary environment
for the animals and their caretakers, and the ability to mitigate
any potential noise, odor, or community character impacts.
B.
The Town Board may consider the number and size of animals to be
sheltered and impose reasonable conditions to protect neighbors, aesthetic
impact and animal safety in order to ensure the health, safety and
general welfare of the community.
C.
No outdoor run shall be less than 100 feet from any lot line within
a commercial zoning district, or 200 feet from any lot line that abuts
a residential zoning district. No dogs shall be permitted in outdoor
runs before 8:00 a.m. or after dark after 8:00 p.m. All dogs shall
be leash walked and kept quiet while outside between the hours of
8:01 p.m. and 7:59 a.m.
D.
All kennels and animal hospitals shall comply with Chapter 96, "Noise," of the Code of the Town of Southeast.
E.
All boarding of dogs, or other customary household pets, shall be
indoors. No outdoor commercial dog kennels are permitted.
F.
No animal waste or substance which produces noxious or offensive
odor or dust shall be stored or permitted to accumulate within 200
feet from any lot line and 100 feet from any street, wetland, lake
or stream. The animal waste storage area shall not create any offensive
odors nor attract or harbor vermin, rodents, flies or other animals
and shall be subject to the approval of the Planning Board. The Building
Inspector or other Code Enforcement Officer shall retain the right
to inspect the animal waste storage facility at any time due to improper
handling or odor problems. If the Building Inspector or other Code
Enforcement Officer determines that a problem does exist, he or she
shall so notify the owner in writing and the owner must commence steps
to rectify the situation within a timely fashion but not to exceed
30 days. If the problem is not rectified in a satisfactory manner,
the Building Inspector or other Code Enforcement Officer may commence
criminal proceedings against the owner or other person(s) responsible
for such violation(s) and, upon a conviction thereof, such owner or
other responsible person shall be liable for any and all fines and/or
penalties applicable to violations of this chapter. If the situation
is not rectified within 30 days from the date upon which the violation
should have been rectified, the Town Board may commence any and all
appropriate proceedings for revocation of the special permit. Such
proceedings for revocation of the special permit.
Motor vehicle service stations are subject to
the following supplementary requirements:
A.
No stations shall be located closer than 200 feet
to a school, public recreation area, church or hospital, measured
to the lot lines thereof, nor closer than 300 feet to any watercourse,
nor closer than 300 feet to any reservoir, nor closer than 1,000 feet
to any other service station or automotive use. The one-thousand-foot
distance from another service station or automotive use is to be measured
from the closest building or proposed building locations.
[Amended 11-18-2004 by L.L. No. 16-2004]
B.
Access points shall be located a minimum of 100 feet
from the intersection of designated street lines.
C.
Pumps shall not be located in any required yards.
It is not the intent of this chapter to prevent preexisting motor
vehicle stations from improving existing pumps for purposes of public
safety and environmental protection.
[Amended 11-18-2004 by L.L. No. 16-2004]
D.
Screening. A ten-foot-wide landscaped area shall be
provided along all motor vehicle service station property lines, excluding
the front line, property lines adjacent to existing commercial uses
and access points.
E.
Maintenance and operation. Due to the extent of land
use impacts from such stations which are a product of exterior operations,
the following requirements shall be made and noted on the site development
plan:
(1)
All vehicles except one tow truck shall be stored
within a building when the facilities are not open for business. However,
licensed vehicles parked for minor repairs may be left outside in
an approved parking spot for a period not to exceed 72 hours. At no
time shall any unlicensed or dismantled vehicles be outside of a building.
No car, truck or trailer rentals or sales shall be permitted.
(2)
There shall be no outside storage or display of accessories,
products, or portable signs.
[Amended 11-18-2004 by L.L. No. 16-2004]
(3)
Waste materials may be temporarily stored in a completely
fenced-in opaque enclosure adjacent to the facility. The area of such
enclosure shall not exceed 200 square feet.
(4)
No repair work may be performed out of doors, with
the exception of simple repairs that do not include the replacement
of any fluid.
[Amended 11-18-2004 by L.L. No. 16-2004]
Roadside stands are subject to the following
supplementary requirements, notwithstanding the provisions of the
local laws of the Town of Southeast on Christmas tree sales and peddling
and soliciting.[1]
[Amended 6-24-2010 by L.L. No. 2-2010]
Commercial buildings to be used for the purpose of general business,
light manufacturing or storage or as warehouses are subject to the
following supplementary requirements:
A.
All buildings shall be of masonry or wood-frame construction on that
portion of the building which faces on the street.
B.
Architectural plans and landscaping plans must be submitted to the
Planning Board prior to any approval.
C.
Additional screening and/or planting must be provided around all
storage areas if these storage areas face adjacent property and/or
the street.
D.
All outdoor storage areas shall be delineated on the site plan. A
fence, hedge, berm, and/or alternative pavement pattern shall be used
as appropriate to clearly identify the permitted area for outside
storage.
E.
Delivery hours shall be regulated by the special use permit and shall
be noted on the site plan.
F.
Appropriate buffers between any component of the proposed use and
adjoining properties, given the proposed use, the use of adjoining
parcels, and the natural topography and vegetative cover, shall be
established by the special and/or conditional use permit and shall
be identified on the site plan.
G.
The Planning Board may increase the maximum footprint of a general
business structure up to 50,000 square feet, provided that the following
conditions are met:
[Added 12-15-2011 by L.L. No. 12-2011]
B.
Appropriate
buffers and landscape screening between the fabric-covered storage
structure and adjoining properties, given the proposed use, the use
of adjoining parcels, and the natural topography and vegetative cover
shall be established by the conditional use permit and shall be identified
on a site plan or survey. Buffers shall not be less than the minimum
yard requirements established by the underlying zoning district.
C.
Term of conditional use permit. A conditional use permit issued pursuant to § 138-60.1 shall be valid for a period of three years from the date that the permit is issued. A permit may be renewed by the property owner for additional three-year periods upon application to the Building Inspector, provided that all the conditions and requirements of the original conditional use permit are satisfied. Conditional use permits for fabric-covered structures shall be nontransferable, and shall expire upon the transfer of title of the property.
(1)
A fabric-covered storage structure shall be subject to inspection
by the Building Inspector, Fire Code Inspector and/or Code Enforcement
Officer at any time. A finding of noncompliance with any condition
or term of the permit shall result in the issuance of an order to
remedy. The permit shall be revoked if the noncompliance is not corrected
within the time period set forth in the order to remedy.
(2)
If, upon inspection by the Building Inspector, Fire Code Inspector
and/or Code Enforcement Officer, the fabric-covered storage structure
is deemed uninhabitable, unsafe and/or beyond its useful life, the
Building Inspector, Fire Code Inspector and/or Code Enforcement Officer
may require the property owner to remove the fabric-covered structure
and to seek a new conditional use permit from the Planning Board for
the installation of a replacement fabric-covered structure if one
is desired.
(3)
A copy of the original conditional use permit and of each renewal
permit, signed by the owner of the property, shall be filed by the
applicant with the Town Clerk within 30 days of approval of the permit.
D.
Fabric-covered storage structures and temporary agricultural structures used to support farm uses, as defined in § 138-4, that are located within a listed agricultural district are exempt from the requirements of this section.
E.
Fabric-covered
storage structures shall comply with all applicable regulations within
the New York State Building Code and New York State Fire Code.
[Added 6-3-2021 by L.L. No. 2-2021]
A.
All buildings shall be of masonry or wood-frame construction on that
portion of the building which faces on the street.
B.
Building colors shall be earth-toned.
C.
All self-storage units shall be accessible from the interior of the
building. Exterior overhead garage style doors for individual storage
units are prohibited.
D.
A minimum of 25% of the facade shall be translucent windows.
E.
Garage doors for individual storage units shall not be visible through
exterior windows.
F.
Loading docks shall not face the primary street and shall be buffered
from neighboring properties with fencing, a berm, and/or landscaping.
G.
No outdoor storage shall be permitted.
H.
Hours of operation shall be regulated by the special use permit and
shall be noted on the site plan.
I.
Appropriate buffers between any component of the proposed use and
adjoining properties, given the proposed use, the use of adjoining
parcels, and the natural topography and vegetative cover, shall be
established by the special use permit and shall be identified on the
site plan.
J.
Self-storage shall only be permitted on Route 22.
[Amended 11-18-2004 by L.L. No. 16-2004; 6-3-2021 by L.L. No. 2-2021]
Fast- food eating establishments, as defined in Article I of this chapter under "restaurant, fast-food," shall be subject to the following supplementary requirements:
A.
No fast- food business shall be located within 200
feet of a residential district line. Said 200 feet shall be measured
from the nearest point of the building used or proposed for fast food.
B.
Adequate receptacles shall be provided for the deposit
of all waste materials and the same shall be screened with planting
or fencing from all adjacent property and streets.
C.
The Planning Board may limit lighting, signage or
other outside activity such as drive-in services that would cause
an adverse impact on adjacent nearby residential properties.
D.
The design of any fast-food establishment shall include
materials and design elements in context with the Town's community
character. The Planning Board/Architectural Review Board shall have
the authority to request revisions to prototypical designs to ensure
continued consistency of the Town's character and to avoid "placeless"
architecture created by repetitive or iconic design.
E.
All applications
for new drive-throughs shall be required to prepare a traffic impact
analysis, including a queuing analysis, and traffic mitigation plan.
Drive-throughs on Route 22 north of Interstate 684 shall have access
to a fully signalized intersection. A new traffic signal may be installed
if a traffic signal warrant study determines that a traffic signal
is warranted and the New York State Department of Transportation grants
approvals for the traffic signal. Unless signalized, entrances on
Route 22 shall be right-turn in and right-turn out only with signage
and striping to restrict left-turn access. Access to the signalized
intersection can be provided via access easements across adjacent
properties or through driveway exits onto county or Town roads that
have a signalized intersection with Route 22.
A.
Within any residence district, landscape nurseries
and commercial greenhouses may be permitted, provided that the following
conditions are met:
(1)
The minimum lot area is that required by the zoning
district in which it is located or two acres, whichever is larger.
If the operation is conducted in conjunction with a residential use,
the minimum lot area shall be that required for the residential use,
plus two acres.
(2)
No structures used for nursery purposes, including
greenhouses, shall be less than 75 feet from any property line.
(3)
Total floor area of all buildings used for nursery
purposes shall not exceed 5% of the lot area. The floor area of all
structures used as greenhouses shall not exceed 1,500 square feet.
The Planning Board shall require such screening around or within all
greenhouses as it deems necessary to prevent the dissemination of
excessive light beyond the boundaries of the site.
(4)
No unenclosed storage equipment of malodorous or dust-producing
substances shall be permitted.
(5)
No retail sale of goods or products shall be permitted,
except those classes authorized by the Planning Board at the time
of issuance of site plan approval. The Planning Board may, however,
at the request of the owner who has received said site plan approval
change or expand the classes of goods and products which are sold.
In general, such classes shall be limited to trees, shrubs, flowers
or other living plant material; plant and grass seeds; the fertilizers,
mulches, soil conditioners, weed-control chemicals, etc., necessary
for their propagation, nutriment and control; and seasonal decorative
plant material, such as Christmas trees, wreaths, etc. It is not the
intent of this subsection to permit the establishment of a garden
furniture or garden hardware center.
B.
Exceptions.
(1)
Private gardens. The provisions of this section shall
not apply to and no approval shall be required for the operation of
a private, noncommercial garden or greenhouse for personal use only,
none of the produce of which is offered for sale.
(2)
Wholesale nurseries. The provisions of this section
shall not apply to wholesale nurseries or propagation nurseries at
which no produce or other merchandise is offered for sale on the site
to the general public. Such nurseries are deemed to be farms and shall
be subject to any regulations of this chapter for farm use.
(3)
Garden centers, florists and landscape contractors
in commercial zones. The provisions of this section shall not apply
to garden centers which sell garden furniture, hardware or equipment
or to retail florists, both of which are deemed to be business uses,
or to landscape contractors' yards in which heavy equipment, such
as earth-moving or similar machinery, is stored, which shall be deemed
to be a light industrial use.
An equestrian facility, as defined in Article I, § 138-4B, of this chapter under "equestrian center," shall govern the harboring of horses except those kept as an accessory use by the owner of a principal dwelling and shall be subject to the following supplementary requirements:
A.
Except as may be otherwise provided herein, the permitted
use may not include any of the following:
(1)
Storage of horse vans except as may be accessory to
the principal use.
(2)
Sale or rental of equipment.
(3)
Breeding of horses or any other uses generally relegated
to a farm use, except as accessory to a permitted principal use in
a manner approved by the Planning Board in its review of the management
plan for the facility.
(4)
Public events, including horse shows, competitions
and/or rodeos, except as permitted by the Planning Board.
B.
No such use shall be permitted on lots having less
than 25 acres of land.
C.
The maximum number of horses permitted shall not exceed
two horses for each acre of lot for the first five acres and four
horses for each additional acre. One stall shall be provided for each
horse. A maximum of one resident personnel for each 10 horses is permitted
to reside overnight on the premises. A year-round residence shall
be permitted for up to five facility managers and their households.
D.
The total floor area of all buildings devoted to this
use shall not exceed 10% of the total lot area. The total paved area,
including parking and vehicular circulation, shall not exceed an additional
5% of the total lot area. The total impervious coverage shall, therefore,
not exceed 15% of the total lot area.
E.
All buildings devoted to this use shall be set back
a minimum distance of 100 feet from any street line and 150 feet from
all side and rear boundaries. The one-hundred-fifty-foot side and
rear setback may be reduced to 100 feet by the Planning Board if a
landscape plan is submitted that, in the Board's judgment, sufficiently
buffers any adjacent property owners. All parking areas shall be set
back a minimum distance of 50 feet from all property lines. Any public
riding ring, corral fencing or other roofless enclosure for horses
shall be located not less than 25 feet from any property lines and
not less than 100 feet from any principal dwelling on any adjacent
lot.
F.
No manure or substance which produces noxious or offensive
odor or dust shall be stored or permitted to accumulate within 200
feet from any lot line and 100 feet from any street, wetland, lake
or stream. The manure storage area shall not create any offensive
odors nor attract or harbor vermin, rodents, flies or other animals
and shall be subject to the approval of the Planning Board. The Building
Inspector or other Code Enforcement Officer shall retain the right
to inspect the manure storage facility at any time due to improper
handling or odor problems. If the Building Inspector or other Code
Enforcement Officer determines that a problem does exist, he or she
shall so notify the owner in writing and the owner must commence steps
to rectify the situation within a timely fashion but not to exceed
30 days. If the problem is not rectified in a satisfactory manner,
the Building Inspector or other Code Enforcement Officer may commence
criminal proceedings against the owner or other person(s) responsible
for such violation(s) and, upon a conviction thereof, such owner or
other responsible person shall be liable for any and all fines and/or
penalties applicable to violations of this chapter. If the situation
is not rectified within 30 days from the date upon which the violation
should have been rectified, the Town Board may commence any and all
appropriate proceedings for revocation of the special permit. Such
proceedings for revocation of the special permit.
G.
Patron parking for the equestrian facility shall not
be less than 1/2 space per stall, plus an additional 10% of the
total parking required shall be provided for personnel and visitors.
The parking area, roads and service areas shall blend into the surrounding
context, and the Planning Board shall maintain the discretion during
the site plan approval process to require alternative paving material's,
groupings and landscaping.
H.
Exterior night lighting shall be permitted only to
the extent necessary to provide animal care, general security and
safety and shall be installed and arranged as to prevent any nuisance
to adjoining properties and streets.
I.
The use of outdoor public-address systems is not permitted.
J.
The application to the Town Board shall set forth
a management plan for the equestrian facility and shall include:
(1)
Transport, storage and disposal of the manure.
(2)
Storage of hay, feed or other food for the horses.
(3)
Maintenance of the horses, stables and other riding
areas.
(4)
Removal of dead horses from the property.
(5)
Sanitary disposal facilities for the stables, residence
and manure-storage facility.
(6)
Public hours and general schedule for the proposed
facility.
K.
The Town Board, in considering the application, shall
not grant the same unless it shall find that the application shall
not:
L.
No building permit shall be granted until a site plan
is submitted to and approved by the Planning Board in accordance with
the site plan provisions of this Code.
M.
For any public event other than private polo competitions,
club activities and events, a parking, traffic and management plan
shall be presented to the Planning Board. Such plan shall estimate
expected visitors, identify the parking area for the visitors, list
the hours the event will be limited to and identify any police or
traffic personnel associated with the event. The Planning Board must
approve the event and the local law enforcement agencies must be given
48 hours' notice prior to the event.
N.
Accessory dining facilities and, notwithstanding the provisions of Subsection A(2) above, retail space shall be permitted but shall not, in total, exceed 4,000 square feet, with the portion devoted to retail space not to exceed 500 square feet. Such retail space is intended for the sale or rental of equipment to persons boarding their horses at the facility, members of their families and their guests, and the facility shall not solicit any business for the sale or rental of equipment from the general public.
[Amended 12-20-2007 by L.L. No. 13-2007]
Automobile car wash facilities may be permitted
by the Town Board in the HC-1 and SR22 Districts, subject to the following
requirements:
A.
Such facilities shall not be located closer than 400
feet from any residential district boundary line, school, hospital,
nursing home or other similar institutional use.
B.
Such facilities shall not be located closer than 1,000
feet from any other car wash, service station or automotive use.
C.
Each such facility shall provide waiting areas sufficient
for the queuing of not fewer than 15 automobiles for each automatic
car wash on the premises.
D.
Access shall be only from a county or state road,
and proper provisions shall be made for safe ingress and egress.
[Amended 4-24-2003 by L.L. No. 7-2003]
E.
Disposal and the means of disposal of wash water shall
be subject to approval by the Town Board and the Putnam County Health
Department.
F.
Water conservation measures shall be employed so as
to permit the recycling of at least 90% of the water utilized for
the car washing process.
[Added 3-21-2002 by L.L. No. 2-2002]
Senior housing may be permitted by the Town
Board in the OP-2 District, subject to the following requirements:
A.
Such facilities shall be accessed by a state, county,
or Town road and shall be adjacent to a residential zone.
B.
Such property shall be serviced by a central sewage
treatment plant, a central water supply and a central fire protection
system.
C.
Senior housing units may consist of multiple-dwelling
units or single-family detached or attached dwelling units situated
on a single lot or in a subdivision.
D.
Notwithstanding the minimum lot size requirements
for the OP-2 District set forth in the Commercial Zoning Schedule,[1] any lot or combination of lots proposed (the "overall
property") for senior housing shall have a minimum lot size of 15
acres, which overall property may then be subdivided in accordance
with the proposed development plan.
[1]
Editor's Note: The Commercial Zoning Schedule is included at the end of this chapter.
E.
Bulk requirements.
(1)
For attached or multiple-dwelling-unit senior
housing development, bulk requirements for the overall property shall
be consistent with the OP-2 Zone for yards, setbacks, FAR, and building
coverage. Community or shared facilities shall also be subject to
the OP-2 requirements. One point two parking spaces per unit shall
be provided, plus 20% additional spaces for visitors.
(2)
For senior housing developments with individual
detached dwelling units, the following requirements must be provided:
(a)
Overall property yards and setbacks to be consistent
with the OP-2 Zone.
(b)
Individual lots, when provided, shall be the
minimum necessary to accommodate exclusive use areas and to provide
adequate space for emergency vehicles.
(c)
Maximum density allowed will be two dwelling
units per acre of the gross total acreage.
(d)
Minimum required distance between structures
shall be 15 feet.
(e)
Maximum building height shall be equal to 1.5
times the actual distance between structures. The maximum height of
any building shall not exceed 35 feet.
(f)
One point five parking spaces per unit shall
be provided, plus 20% additional spaces for visitors.
F.
Based on the circumstances of a project, the Planning
Board may reduce the total number of parking spaces required up to
10% of the required number.
G.
Community facilities shall be provided which support
and enhance the complex.
H.
The habitable floor area of a dwelling unit shall
not exceed 1,800 square feet. Habitable floor area should not include
garages. No dwelling unit shall contain more than three bedrooms.
I.
The Town Board shall refer the project to the Architectural
Review Board for review and comment prior to approval.
[Added 4-24-2003 by L.L. No. 7-2003; amended 3-16-2006 by L.L. No. 4-2006]
No persons shall cause or permit the use, occupancy or establishment of any land, building or structure as or for an adult use, nightclub, pawnshop, pool or billiard hall or tattoo parlor unless a special permit, in accordance with Article X of this chapter, is received from the Town Board, subject to the special standards identified below.
A.
Purpose. The Town Board finds that certain business
activities, by their nature, have serious objectionable operational
characteristics which can lead to a significant impact on the surrounding
community. The Town Board further finds that the unrestrained proliferation
of such businesses is inconsistent with existing development and future
plans for the Town of Southeast in that they often result in influences
on the community which increase the crime rate and undermine the economy,
moral and social character of the community. To preserve the integrity
and character of residential neighborhoods and important natural and
human resources of the Town, the Town intends to restrict the proximity
of adult use establishments to churches, schools, nursery schools,
day-care centers, educational institutions, parks, historic and scenic
resources, civic and cultural facilities and residential areas.
B.
Standards. Adult uses, nightclubs, pawnshops, pool
or billiard halls, and tattoo parlors may be permitted by the Town
Board in the HC-1 and SR22 Districts subject to the following requirements:
[Amended 12-20-2007 by L.L. No. 13-2007]
(1)
No more than one activity constituting an adult
use shall be permitted on any lot.
(2)
No adult use shall be permitted in any building
otherwise used in whole or part for residential purposes.
(3)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any other lot on which is located
an adult use or nightclub, pawnshop, pool or billiard hall, and tattoo
parlor. This distance shall be measured from the nearest property
line of such use to the nearest property line of the proposed adult
use.
(4)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any lot in any residential district.
This distance shall be measured from the nearest property line of
any residential district to the nearest public entrance door of the
adult use premises.
(5)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any lot on which is located near a
church, community center, funeral home, school, day-care center, hospital,
alcoholism center or drug treatment center, counseling or psychiatric
treatment facility or public park. This distance shall be measured
from the nearest property line of such above use to the nearest public
entrance door of the adult use premises.
(6)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any school bus stop. This distance
shall be measured from the nearest school bus stop to the nearest
public entrance door of the adult use premises.
(7)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any commercial enterprise that customarily
employs minors.
(8)
No adult use shall be permitted on any lot which
is located within 1,000 feet of any establishment that sells or serves
alcoholic beverages.
(9)
The proposed use shall meet all other requirements
of the law of the Town of Southeast, including but not limited to
district lot and bulk regulations, parking regulations and signage
requirements.
(10)
It shall be a condition of any special permit
issued for an adult entertainment use that no person under the age
of 18 years shall be permitted into the premises.
(11)
Explicit messages or drawings on signs and/or
the public display of explicit sexual material associated with any
adult entertainment use is prohibited.
(12)
The Town Board may impose such terms and conditions
upon the issuance of the special permit required hereunder as it deems
appropriate to further the aims of this subsection, including but
not limited to restrictions on advertising, outdoor displays and the
location of merchandise.
C.
Effect on existing uses.
(1)
Any adult entertainment use lawfully in existence
on the date on which the provisions of this section become effective
shall be permitted to continue, provided that such use is registered
with the Building Inspector within 30 days of the effective date of
this section and it is established to the satisfaction of the Building
Inspector that such use complies with all the requirements set forth
herein.
(2)
Any adult entertainment use in existence on
the date on which the provisions of this section become effective
which fails to conform to the regulations herein shall be discontinued
in accordance with the following amortization schedule:
|
Amount of Capital Investment
(as of effective date of section)
|
Date Before Which Use Shall Terminate
| |
|---|---|---|
|
$0 to $25,000
|
September 1, 2006
| |
|
$25,001 to $50,000
|
September 1, 2007
| |
|
$50,001 to $75,000
|
September 1, 2008
| |
|
$75,001 to $100,000
|
September 1, 2009
| |
|
$100,001 or more
|
September 1, 2010
|
[Added 7-12-2007 by L.L. No. 4-2007]
Large-scale establishments may be permitted
by the Town Board in the HC-1 and GC-2 Districts, subject to the following
requirements:
A.
Any parcel shall consist of not less than 35 acres
and have access via a state or county road; and
B.
Any retail use in connection with any zoning lot shall
be limited to a floor area ratio (FAR) not to exceed 0.15. All other
dimensional standards for any parcel shall be the same as those contained
in the Commercial Zoning Schedule for the HC-1 and GC-2 Zones except
as they are superseded by the Town of Southeast Design Guidelines
for Large Retail Establishments; and
C.
Design guidelines. All large retail establishments
shall comply with the following Town of Southeast Design Guidelines
for Large Retail Establishments. The Planning Board, when considering
the site plan, and the Town Board, when considering the site plan
and special permit, shall consider the application's conformance to
these design guidelines in considering approval or denial of the application.
Drawing L-1 shows a schematic layout for a large retail establishment
showing, in general, a number of the design elements contained in
these design guidelines.[1] Users of the design guidelines shall refer to this drawing
and other drawings for clarification of the guidelines but not as
a prescriptive site or building design. Table 1 provides a listing
of preferred native plant species.
[Amended 2-26-2015 by L.L. No. 3-2015]
(1)
Site design.
(a)
Buffers.
[1]
All large retail establishments shall include
a seventy-five-foot minimum environmental conservation buffer vegetated
buffer along the entire frontage, with the exception of areas necessary
for ingress or egress from the site. Stormwater management features
may be included in the environmental conservation buffer as long as
the margins of any such feature are planted with vegetation that will
reach an appropriate height for screening proposed uses within 10
years.
[2]
An environmental conservation buffer of at least
50 feet in width shall be provided along side and rear property lines.
Where a large retail establishment abuts a residential zoning district,
a minimum one-hundred-foot environmental conservation buffer shall
be provided along the boundary line, unless the Town Board determines
that a larger buffer is required. No building containing a large retail
establishment shall be closer than 250 feet to any residential use.
[3]
Existing mature vegetation shall be retained
where feasible within the environmental conservation buffers and within
the interior of the site.
[4]
New vegetation shall be planted to create a
mix of species. Native species or species known to be tolerant to
urban stressors (see Table 1) are preferred to nonnative species;
although nonnative ornamental species may be used as accents.
[5]
If any significant habitat is found on-site,
no disturbance shall occur within that area or within 100 feet of
the area.
[6]
A vegetated berm not less than three feet in
height and six feet in width at its top may be used where existing
mature vegetation would not provide adequate screening.
[7]
All landscaping as shown on the approved site
plan shall be maintained in a healthy growing condition throughout
the duration of the use or uses being served. Any plants not so maintained
shall be replaced by the property owner with healthy, new plants of
comparable size, type and quality at the beginning of the next immediately
following growing season.
|
Table 1
Preferred Plant Species
| ||
|---|---|---|
|
Common Name
|
Latin Name
| |
|
TREES
| ||
|
Within Perimeter Buffers:
| ||
|
Black alder
|
Alnus glutinosa
| |
|
Black gum
|
Nyssa sylvatica
| |
|
Red maple
|
Acer rubrum
| |
|
River birch
|
Betula nigra
| |
|
Swamp white oak
|
Quercus bicolor
| |
|
Sycamore
|
Platanus occidentalis
| |
|
In Parking Lot Islands with Pedestrian
Walkways:
| ||
|
Red maple
|
Acer rubrum
| |
|
In Parking Lot Islands without Pedestrian
Walkways:
| ||
|
Red maple
|
Acer rubrum
| |
|
River birch
|
Betula nigra
| |
|
SHRUBS
| ||
|
Arrowwood viburnum
|
Vibumurn dentatum
| |
|
Buttonbush
|
Cephalanthus occidentalis
| |
|
Red chokeberry
|
Aronia arbutifolia
| |
|
Red osier dogwood
|
Cornus sericea
| |
|
Winterberry
|
Ilex verticillata
| |
|
HERBACEOUS PLANTS
| ||
|
Blue flag iris
|
Iris versicolor
| |
|
Boneset
|
Eupatorium perfoliatum
| |
|
Broomsedge
|
Andropogon virginicus
| |
|
Cardinal flower
|
Lobelia cardinalis
| |
|
Common three square
|
Scirpus pungens
| |
|
Dense blazing star
|
Liatris cardinalis
| |
|
Great blue lobelia
|
Lobelia siphilitica
| |
|
Joe pye weed
|
Eupatorium fisulosum
| |
|
Lance-leaved coreopsis
|
Coreopsis lanceolata
| |
|
New York ironwood
|
Veronia noveboracensis
| |
|
Obedient plant
|
Physostegia Virginia
| |
|
Sweet flag
|
Acorus calamus
| |
|
Soft rust
|
Juncus effuses
| |
|
Switchgrass
|
Panicum virgatum
| |
(b)
Building location (see below for further guidelines
on building design).
[1]
Buildings shall be oriented on-site to avoid
disturbance to sensitive natural and topographic features to the maximum
extent practicable while presenting a "public face" to major roads.
[2]
Multiple buildings on a single site shall be
oriented to achieve a unified character for the site. Individual buildings
shall not be isolated by large expanses of parking lots in order to
encourage safe pedestrian movement within the site.
(c)
Site access. Driveway entrances and exits onto
any street shall be provided in such a manner that no undue traffic
hazards or traffic congestion will be created. A minimum of two driveways
shall be provided. Driveway entrances shall be spaced a minimum of
300 feet apart. Driveways shall not exceed 30 feet in width at the
street line unless a greater width is required by the County of Putnam
or State of New York.
(d)
Parking lots.
[1]
Large retail establishments that have more than
ten-percent gross leasable area in dining or entertainment uses shall
use the Urban Land Institute Shared Parking methodology to calculate
appropriate parking requirements in place of the required 4.0 spaces
per 1,000 square feet of gross floor area.
[2]
Any parking spaces provided above the required
number shall be in a separate parking area utilizing a pervious paving
technique (see Drawing L-1[2]). Alternatively, additional parking areas may be "land-banked"
for future development, depending on use.
[2]
Editor's Note: Drawing L-1 is included at the end of this chapter.
[3]
All required parking shall be provided in parking
areas that are designed and laid out to avoid uninterrupted stretches
of paved surfaces. Parking areas may be separated from each other
by drive aisles, pedestrian walkways, stormwater management facilities,
or landscaped areas (see Drawing L-1). Parking areas to the rear or
side of buildings are preferred to parking areas in front of (between
the major street and any side of) a building. Rear entrances to tenant
spaces shall be considered in the overall site design process. Underground
or structured parking may be considered and shall not be included
in gross floor area.
[4]
Individual parking stalls shall be nine feet
by 18 feet except as required to meet Americans with Disabilities
Act (ADA) requirements. Parking stalls in employee parking areas may
be eight feet by 18 feet.
[5]
Parking areas shall have a minimum ten-foot-wide,
curbed planting island around the perimeter, with appropriate gaps
for vehicular access. Such raised planting islands and the landscaping
within them shall be designed and arranged in such a way as to provide
vertical definition to major traffic circulation aisles, entrances
and exits, to channel internal traffic flow and prevent indiscriminate
diagonal movement of vehicles and to provide relief from the visual
monotony and shadeless expanse of a large parking area. Planted bioswales
may be substituted for raised parking islands (see Drawings LD-4,
LD-5, and LD-6[3]).
[3]
Editor's Note: Drawings LD-4, LD-5 and LD-6
are included at the end of this chapter.
[6]
Large parking areas of 50 spaces or more shall
have additional planting islands a minimum of eight feet in width
within the parking area between every second parking module (defined
as a sixty-foot-wide area containing two rows of parking separated
by a drive aisle).
[7]
There shall be a provision for separate pedestrian
flow to a building entrance(s) outside of drive aisles for each parking
area.
[8]
Twenty-five percent of calculated required parking
shall be provided in a designated employee-only parking area that
utilizes a pervious paving technique. Where possible, this parking
area shall be located to the rear of any building(s).
[9]
Twenty-five percent of calculated required parking
shall be provided in an overflow area that shall be physically separated
from other parking areas by lawn or other vegetated area.
[10]
At least one tree, not less than
three inches in caliper measured three feet above ground level at
time of planting, shall be provided within a planting island for each
10 parking spaces in the parking area (see Drawing LD-3[4]).
[4]
Editor's Note: Drawing LD-3 is included at the end of this chapter.
[11]
Bicycle parking racks shall be
provided in a location no further than 200 feet from a building entrance
and not to the rear of any building.
(e)
Circulation to adjoining parcels.
[1]
Where a large retail establishment adjoins another
parcel with existing commercial development, every opportunity for
connecting parking areas and/or driveways shall be explored to avoid
separate curb-cuts onto major roads.
[2]
Where a large retail establishment adjoins a
vacant commercially zoned parcel, a stub driveway shall be established
in a location conducive to creating a future internal connection point.
(f)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway,
square, or plaza) shall be integrated into the overall site plan to
provide meaningful circulation and seating areas.
[2]
Pedestrian amenities such as seating or dining
areas, fountains, gazebos, kiosks, or other such features shall be
provided in any square or plaza. Amenities associated with public
transit or bicycle use (bus waiting shelter, information kiosk with
bus schedule, bicycle racks, or taxi waiting area) shall be incorporated
into public spaces on the site.
[3]
A pedestrian walkway shall be a minimum of 10
feet in width and shall have street trees planted 40 feet on center
at a minimum (not less than three inches in caliper measured three
feet above ground level at time of planting) (see Drawing LD-3). Pedestrian
walkways offering access between buildings and/or providing access
to rear parking areas are not required to have planting areas or street
trees.
[4]
A square or plaza shall be a minimum of 30 feet
in any dimension and shall include a vegetated area covering a minimum
of 50% of the total area when any one linear dimension of the square
or plaza equals or exceeds 50 feet (see Drawings L-2, L-3, and LD-1[5]). (Pedestrian walkways shall not be required to meet this
standard.)
[5]
Editor's Note: Drawings L-2, L-3 and LD-1
are included at the end of this chapter.
[5]
Buildings shall be designed to have a front
facade that has at least one principal functional entry from a pedestrian
walkway, square, or plaza.
[6]
No ground-level facade shall have blank (without
doors or windows) walls longer than 50 feet along any pedestrian walkway,
square, or plaza. Public art installations such as murals are exempt
from this requirement.
[7]
Pedestrian walkways, squares, or plazas shall
provide continuous pedestrian flow throughout the site and shall provide
protected access through a designated crosswalk or walkway between
building entrances and all parking areas.
[8]
Pedestrian walkways, squares, and plazas shall
be integrated into the overall landscaping and lighting plans for
the site.
[9]
Pedestrian walkways and other surface areas
of paving material shall offer a variety of pigments and textures
that are in harmony with nearby buildings and other paved surfaces
and are safe for pedestrian traffic, including the handicapped. Pervious
surfaces shall be used wherever practicable to minimize the need for
stormwater infrastructure.
(g)
Loading and refuse collection areas. All loading
and refuse collection areas shall be screened from public views from
primary driveways and pedestrian walkways, squares, or plazas and
shall not be located along the front facade of any building or within
any parking area. Loading and refuse collection areas shall be internal
to a structure to the extent possible.
(h)
Signage. All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
(i)
Lighting. A site lighting plan shall be provided in conformance with Article XIII of this chapter. Pedestrian-scale lighting fixtures shall be provided in parking areas and along pedestrian walkways and in squares or plazas.
(j)
Storage of merchandise.
(2)
Building design.
(a)
Building size. Large single-use buildings are
to be avoided. Where a large tenant is considered, the same building
shall include several smaller tenants with separate exterior access
to balance the scale of the larger tenant and to facilitate improved
building design. In all cases, all buildings shall comply with the
design parameters set forth herein.
(b)
Building height. Buildings may be one or two
stories to a maximum height of 35 feet. Vertical elements such as
clock towers, cupolas, or other architectural embellishments may extend
the total height of the building but shall be no greater than 50 feet
in height (see Drawing LD-2[6]).
[6]
Editor's Note: Drawing LD-2 is included at the end of this chapter.
(c)
Building style. Buildings shall be designed
to be compatible with buildings in the surrounding area, but in all
cases shall be of high-quality design and materials. Colonial or classic
design style is considered appropriate for any location within the
Town of Southeast. Examples of the types of architecture compatible
with the Town's vision are shown in the Typology of Architecture pages
included at the end of this chapter. These images are not prescriptive
but do show what is preferred.
(d)
Building facades and materials.
[1]
Building facades shall present a varied appearance
at street level and be designed to give individual identity to each
building and/or use as well as to help achieve the planned pedestrian
scale using features such as:
[a]
The height of cornices, lintels
and sill levels, articulated floor levels and other horizontal building
features.
[b]
The spacing and proportion of columns,
piers and other elements of the basic structural grid.
[c]
The spacing and proportion of window
and door openings, bays or other aspects of building fenestration.
[d]
Colors, textures and the general
nature of exterior materials and treatment, including building ornament
and trim.
[2]
Blank wall exposures shall be limited. No ground-level
facade shall have blank (without doors or windows) walls longer than
50 feet along any pedestrian walkway, square, or plaza. Public art
installations such as murals are exempt from this requirement.
[3]
The design of building facades shall reflect
the scale of existing or planned building development through modulation
of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall
plane and/or in facade elements such as window openings and balconies.
[c]
Use of horizontal projections or
recesses in the building facade such as bay windows, cornices, balustrades,
etc.
[d]
Use of pitched roofs and other
roof elements such as cross gables, dormer windows, turrets, and clock
towers to provide visual interest, reduce the scale of continuous
roofs and break the line where the building meets the sky.
[4]
Treatment of the sides and rear of proposed
buildings shall be in a manner substantially consistent in appearance,
amenity and quality of materials to the treatment given to their front
facade.
[5]
Building facades shall be architecturally articulated
horizontally so that there are breaks in the facade plane where building
entrances, windows, or landscaped areas may be located.
[6]
Building facades shall be architecturally articulated
vertically to define a pedestrian scale along any pedestrian walkway,
square, or plaza. Arcades, awnings, rooflines or eave lines, or second-story
windows may be used to define the pedestrian scale. [Any awning, roof,
or eave that extends above a pedestrian walkway, square, or plaza
shall have a minimum clear height (height from sidewalk to the bottom
of any awning, roof, or eave) of eight feet six inches and a maximum
clear height of 10 feet above the sidewalk and shall extend beyond
the building face a minimum of five feet.]
[7]
All buildings shall have an appropriate rhythm
of entrances and windows consistent with the overall size of the building
and orientation to any pedestrian walkways, squares, or plazas.
[8]
Exterior cladding shall be consistent with the
overall building style and shall include a variety of colors and textures
to help articulate the main facades.
(e)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of
8:12) are preferred to flat roofs with parapets. On larger buildings,
a variety of rooflines shall be used to break up the horizontal extent
of the building. Where parapets are used, the parapet shall be provided
along each facade. Parapet height is limited to 10 feet above the
flat roof.
[2]
Where flat roofs are required due to building
size, roofing materials having a solar reflectance index (SRI) equal
to or greater than the values in the table below for a minimum of
75% of the roof surface shall be used or a green roof on at least
50% of the roof area shall be used.
|
Roof Type
|
Slope
|
SRI
| |
|---|---|---|---|
|
Low-sloped roof
|
Less than or equal to 2:12
|
78
| |
|
Steep-sloped roof
|
Greater than 2:12
|
29
|
(f)
Building materials.
[1]
While synthetic materials may be acceptable,
natural building materials, including, but not limited to, clapboard
and shingle siding, brick, stone, glass, or glass block, are preferred
and encouraged over synthetic materials. Generic, unadorned concrete
masonry units (CMUs) shall not be used as a primary exposed building
material on any facade. CMUs with any type of variegated surface (e.g.,
architectural block or split-faced CMUs) are permitted but shall not
comprise the majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed
buildings shall be in a manner substantially consistent in appearance,
amenity and quality of materials to the treatment given to their street
frontage.
[3]
Windows and doors shall be trimmed with wood
or stone a minimum of four inches in width.
(g)
Mechanical equipment. All HVAC or similar equipment
shall be screened from ground-level views and views from any roads
or adjoining properties at a higher elevation.
[1]
Editor's Note: Drawing L-1 is included as an attachment to this chapter.
D.
The developer shall provide adequate proof to the
Town Board, prior to the issuance of any certificate of occupancy,
that the developer has contracted with a private security company
for the purpose of patrolling the premises for the safety and security
of its customers, employees and business invitees and to ensure that
the premises do not become a focal point for loitering or vagrancy.
Such contract, or replacements thereof, shall remain in full force
and effect during the occupancy of any premises developed hereunder.
Failure to adequately maintain security services for the premises
shall result in the revocation of any certificate of occupancy by
the Town of Southeast.
E.
The Town Board may require the inclusion of any of
the foregoing conditions in a declaration of restrictive covenants
executed in recordable form and to be recorded by the applicant/owner
as a condition of any special permit approval.
F.
Adjustment of regulations. The Town Board may permit minor modifications or waivers of the provisions set forth at §§ 138-12I and 138-15.1 as it deems appropriate, except that modifications or waivers of § 138-15.1 are limited to three feet in height for fill or cut slopes, and one foot in height per wall, 10%, upon balancing important concerns of the community's health, safety and welfare, including: consistency with the Town of Southeast Comprehensive Plan; economic development; harmony of uses with the immediate area; impacts upon quality of life for neighboring residential areas; and mitigation of any adverse environmental impacts. In granting any modification or waiver, the Town Board may attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so modified or waived.
[Added 2-26-2015 by L.L.
No. 3-2015]
[Added 7-12-2007 by L.L. No. 4-2007]
Retail uses are subject to the following building
design guidelines:
A.
Maximum building height: two stories, not to exceed
35 feet.
B.
Maximum gross floor area for any one parcel: 49,999
square feet.
C.
All applications shall submit site plans and building
elevations to the Architectural Review Board.
D.
Compatibility with neighboring structures.
(1)
Buildings shall be harmonious and compatible
with neighboring structures in terms of the following exterior design
elements:
(a)
The nature and use of surface materials. Natural
building products, including, but not limited to, clapboard and shingle
siding, brick, or stone, are preferred over synthetic materials.
(b)
The height of cornices, lintels and sill levels,
articulated floor levels and other horizontal building features.
(c)
The spacing and proportion of columns, piers
and other elements of the basic structural grid.
(d)
The spacing and proportion of window and door
openings, bays or other aspects of building fenestration.
(e)
Colors, textures and the general nature of exterior
materials and treatment, including building ornament and trim.
(f)
Treatment, screening and/or enclosure of all
utility and mechanical installations. All HVAC equipment shall be
screened from ground-level views and views from any roads or adjoining
properties at a higher elevation.
(2)
The Architectural Review Board shall have the
authority to request revisions to prototypical designs to ensure continued
consistency of the Town's character and to avoid "placeless" architecture
created by repetitive or iconic design.
E.
Building facades shall present a varied appearance
at street level and be designed to give individual identity to each
building and/or use as well as to help achieve the planned pedestrian
scale. Blank wall exposure shall be limited.
F.
The design of building facades shall reflect the scale
of existing or planned building development through modulation of
vertical and horizontal elements by features such as:
(1)
Variation in roof heights.
(2)
Changes in the predominant wall plane and/or
in facade elements such as window openings and balconies.
(3)
Use of horizontal projections or recesses in
the building facade such as bay windows, cornices, balustrades, etc.
(4)
Use of pitched roofs and other roof elements
such as cross gables, dormer windows, turrets, and clock towers to
provide visual interest, reduce the scale of continuous roofs and
break the line where the building meets the sky.
(5)
To encourage use of an articulated roof line,
building height shall be measured to the top of the main building
roof and shall not include decorative roof elements (such as gables,
dormers, turrets, clock towers, or mansards). Decorative roof elements
may not exceed 15 feet in height above the main building roof.
G.
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their street frontage.
H.
A coordinated landscape plan shall be prepared by all applicants before the Planning Board incorporating the landscape treatment of open spaces, walkways, access roads and parking areas (see § 138-50) into a cohesive and integrated design. Attractively landscaped open spaces, plazas and recreational areas, designed as gathering places and intended for maximum usability by on-site users and workers, shall be provided in appropriate locations. All open spaces, pedestrian walkways, parking areas and access drives shall be planned as an integral part of the overall site design, properly relating to existing and proposed buildings.
I.
The coordinated landscape plan shall include a mix
of shade trees and other plant materials, such as ground cover and
shrubs, with proper regard to factors such as microclimate, function
of area, existing plantings and required maintenance in determining
the species, scale and planting pattern. Native species are preferred;
however, nonnative ornamental species may be considered if their hardiness
to urban conditions makes them the preferred species over a similar
native species.
J.
Walkways and other surface areas of paving material
shall offer a variety of pigments and textures which are in harmony
with nearby buildings and other paved surfaces and are safe for pedestrian
traffic, including the handicapped. Pervious surfaces shall be used
wherever practicable to minimize the need for stormwater infrastructure.
K.
Walkways shall be planted with regularly spaced salt-tolerant
shade trees selected with regard to the scale of the area in which
they are located as well as the height and spacing of street lighting.
L.
All landscaping as shown on the approved site plan
shall be maintained in a healthy growing condition throughout the
duration of the use or uses being served. Any plants not so maintained
shall be replaced by the property owner with healthy, new plants of
comparable size, type and quality at the beginning of the next immediately
following growing season.
M.
All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
[Added 12-20-2007 by L.L. No. 13-2007; amended 6-3-2021 by L.L. No. 2-2021]
A.
All applications for development within the Special Route 22 Area District shall require site plan approval in compliance with Article IX, Site Plan Review and Approval, and shall require conditional use or special permit approval from the Planning or Town Board, respectively, in compliance with this section. The provisions of § 138-63.5, Retail, are specifically superseded by this section for any retail use proposed in the Special Route 22 Area District but remain in effect for any retail use proposed in any other zoning district.
B.
Dimensional standards. All new construction shall be designed to be consistent with the Route 22 Area Master Plan and Aerial View, but in no case shall overall floor area ratio for a parcel exceed 0.25, and building height shall not exceed 45 feet. The Planning Board for conditional use permits or the Town Board for special permits may allow anchor tenants exceeding 50,000 square feet in gross floor area, subject to the provisions of § 138-63.6C(2)(a)[1], when the Board determines that such a use will be necessary to ensure the viability of commercial activity within the Special Route 22 Area District. Such a larger use may only be considered as part of an integrated master plan that implements a substantial majority of the Route 22 Area Master Plan.
C.
Design guidelines. All uses within the Special Route 22 Area District
shall be consistent with the design intent of the Route 22 Area Master
Plan Conceptual Building Elevations and Conceptual Streetscape to
the greatest extent practicable given natural resources constraints.
In addition, the Planning Board, when considering design elements
relevant to the site plan and conditional use permit, and the Town
Board, when considering overall design of a project relevant to the
special permit, shall consider the application's conformance to the
following design guidelines in considering approval or denial of the
application. In any case where any provision within these design guidelines
appears to conflict with the Route 22 Area Master Plan drawings, the
Town Board shall have the sole authority to consider which provision
shall apply.
(1)
Site design.
(a)
Building location.
[1]
Buildings shall be oriented on site to avoid disturbance
to sensitive natural and topographic features to the maximum extent
practicable while presenting a "public face" to major roads.
[2]
Multiple buildings on a single site shall be oriented
to achieve a unified character for the site. Individual buildings
shall not be isolated by large expanses of parking lots in order to
encourage safe pedestrian movement within the site.
(b)
Site access.
[1]
Driveway entrances and exits onto any street shall
be provided in such a manner that no undue traffic hazards or traffic
congestion will be created. Interconnections between properties and/or
shared driveways shall be provided wherever possible. Driveway entrances
on Route 22, where provided, shall be spaced a minimum of 300 feet
apart. Driveways shall not exceed 30 feet in width at the street line,
unless a greater width is required by the County of Putnam or State
of New York.
[2]
Implementation of the Special Route 22 Area District
shall follow the Route 22 Collector Road Alignment as indicated in
the Town of Southeast Comprehensive Plan.
(c)
Parking lots.
[1]
Parking rates shall be calculated using the Urban
Land Institute Shared Parking Methodology to calculate appropriate
parking requirements for proposed uses.
[2]
Any parking spaces provided above the required
number shall be in a separate parking area utilizing a pervious paving
technique. Alternatively, additional parking areas may be "landbanked"
for future development depending on use.
[3]
All required parking shall be provided in parking
areas that are designed and laid out to avoid uninterrupted stretches
of paved surfaces. Parking areas may be separated from each other
by drive aisles, pedestrian walkways, stormwater management facilities,
or landscaped areas. Parking areas to the rear or side of buildings
are preferred to parking areas in front of (between the major street
and any side of) a building. Rear entrances to tenant spaces shall
be considered in the overall site design process. Underground or structured
parking may be considered and shall not be included in gross floor
area.
[4]
Individual parking stalls shall be nine feet by
18 feet, except as required to meet Americans with Disabilities Act
(ADA) requirements. Parking stalls in employee parking areas may be
eight feet by 18 feet.
[5]
Parking areas shall have a minimum ten-foot-wide
curbed planting island around the perimeter with appropriate gaps
for vehicular access. Such raised planting islands and the landscaping
within them shall be designed and arranged in such a way as to provide
vertical definition to major traffic circulation aisles, entrances
and exits, to channel internal traffic flow and prevent indiscriminate
diagonal movement of vehicles and to provide relief from the visual
monotony and shadeless expanse of a large parking area. Planted bioswales
may be substituted for raised parking islands.
[6]
Large parking areas of 50 spaces or more shall
have additional planting islands a minimum of eight feet in width
within the parking area between every second parking module (defined
as a sixty-foot-wide area containing two rows of parking separated
by a drive aisle).
[7]
There shall be a provision for separate pedestrian
flow to building entrance(s) outside of drive aisles for each parking
area.
[8]
Twenty-five percent of calculated required parking
shall be provided in a designated employee-only parking area that
utilizes a pervious paving technique. Where possible, this parking
area shall be located to the rear of any building(s).
[9]
Twenty-five percent of calculated required parking
shall be provided in an overflow area that shall be physically separated
from other parking areas by lawn or other vegetated area.
[10]
At least one tree, not less than three inches
in caliper, measured three feet above ground level at time of planting,
shall be provided within a planting island for each 10 parking spaces
in the parking area.
[11]
Bicycle parking racks shall be provided in a location
no further than 200 feet from a building entrance and not to the rear
of any building.
(d)
Circulation to adjoining parcels.
[1]
Where any use adjoins another parcel with existing
commercial development, every opportunity for connecting parking areas
and/or driveways shall be explored to avoid separate curb cuts onto
major roads.
[2]
Where any use adjoins a vacant commercially zoned
parcel, a stub driveway shall be established in a location conducive
to creating a future internal connection point.
(e)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway,
square, or plaza) shall be integrated into the overall site plan to
provide meaningful circulation and seating areas.
[2]
Pedestrian amenities, such as seating or dining
areas, fountains, gazebos, kiosks, or other such features, shall be
provided in any square or plaza. Amenities associated with public
transit or bicycle use (bus waiting shelter, information kiosk with
bus schedule, bicycle racks, or taxi waiting area) shall be incorporated
into public spaces on the site.
[3]
A pedestrian walkway shall be a minimum of 10 feet
in width and shall have street trees planted 40 feet on center at
a minimum (not less than three inches in caliper measured three feet
above ground level at time of planting). Pedestrian walkways offering
access between buildings and/or providing access to rear parking areas
are not required to have planting areas or street trees.
[4]
A square or plaza shall be a minimum of 30 feet
in any dimension and shall include a vegetated area covering a minimum
of 50% of the total area when any one linear dimension of the square
or plaza equals or exceeds 50 feet. (Pedestrian walkways shall not
be required to meet this standard.)
[5]
Building(s) shall be designed to have a front facade
that has at least one principal functional entry from a pedestrian
walkway, square, or plaza.
[6]
No ground-level facade shall have blank (without
doors or windows) walls longer than 50 feet along any pedestrian walkway,
square, or plaza. Public art installations such as murals are exempt
from this requirement.
[7]
Pedestrian walkways, squares, or plazas shall provide
continuous pedestrian flow throughout the site and shall provide protected
access through a designated crosswalk or walkway between building
entrances and all parking areas.
[8]
Pedestrian walkways, squares, and plazas shall
be integrated into the overall landscaping and lighting plans for
the site.
[9]
Pedestrian walkways and other surface areas of
paving material shall offer a variety of pigments and textures that
are in harmony with nearby buildings and other paved surfaces and
are safe for pedestrian traffic, including the handicapped. Pervious
surfaces shall be used wherever practicable to minimize the need for
stormwater infrastructure.
(f)
Loading and refuse collection areas.
[1]
All loading and refuse collection areas shall be
screened from public views from primary driveways and pedestrian walkways,
squares, or plazas and shall not be located along the front facade
of any building or within any parking area. Loading and refuse collection
areas shall be internal to a structure to the extent possible.
(g)
Signage.
[1]
All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
(i)
Storage of merchandise.
(2)
Building design.
(a)
Building size.
[1]
Large single-use buildings are to be avoided. Where
a large tenant is considered, the same building shall include several
smaller tenants with separate exterior access to balance the scale
of the larger tenant and to facilitate improved building design.
(b)
Building height.
[1]
Buildings may be one or two stories to a maximum
height of 45 feet. Vertical elements such as clock towers, cupolas,
or other architectural embellishments may extend the total height
of the building but shall be no greater than 50 feet in height.
(c)
Building style.
[1]
Buildings shall be designed to be consistent with
the Special Route 22 Area Master Plan and in all cases shall be of
high-quality design and materials.
(d)
Building facades and materials.
[1]
Building facades shall present a varied appearance
at street level and be designed to give individual identity to each
building and/or use as well as to help achieve the planned pedestrian
scale using features such as:
[a]
The height of cornices, lintels and sill levels,
articulated floor levels and other horizontal building features.
[b]
The spacing and proportion of columns, piers and
other elements of the basic structural grid.
[c]
The spacing and proportion of window and door openings,
bays or other aspects of building fenestration.
[d]
Colors, textures and the general nature of exterior
materials and treatment, including building ornament and trim.
[2]
Blank wall exposures shall be limited. No ground-level
facade shall have blank (without doors or windows) walls longer than
50 feet along any pedestrian walkway, square, or plaza. Public art
installations such as murals are exempt from this requirement.
[3]
The design of building facades shall reflect the
scale of existing or planned building development through modulation
of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall plane and/or in
facade elements, such as window openings and balconies.
[c]
Use of horizontal projections or recesses in the
building facade, such as bay windows, cornices, balustrades, etc.
[d]
Use of pitched roofs and other roof elements, such
as cross gables, dormer windows, turrets, and clock towers, to provide
visual interest, reduce the scale of continuous roofs and break the
line where the building meets the sky.
[4]
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their front facade.
[5]
Building facades shall be architecturally articulated
horizontally so that there are breaks in the facade plane where building
entrances, windows, or landscaped areas may be located.
[6]
Building facades shall be architecturally articulated
vertically to define a pedestrian scale along any pedestrian walkway,
square, or plaza. Arcades, awnings, rooflines or eave lines, or second-story
windows may be used to define the pedestrian scale. [Any awning, roof,
or eave that extends above a pedestrian walkway, square, or plaza
shall have a minimum clear height (height from the sidewalk to the
bottom of any awning, roof, or eave) of eight feet six inches and
a maximum clear height of 10 feet above the sidewalk and shall extend
beyond the building face a minimum of five feet.]
[7]
All buildings shall have an appropriate rhythm
of entrances and windows consistent with the overall size of the building
and orientation to any pedestrian walkways, squares, or plazas.
[8]
Exterior cladding shall be consistent with the
overall building style and shall include a variety of colors and textures
to help articulate the main facades.
(e)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of 8:12)
are preferred to flat roofs with parapets. On larger buildings, a
variety of rooflines shall be used to break up the horizontal extent
of the building. Where parapets are used, the parapet shall be provided
along each facade. Parapet height is limited to 10 feet above the
flat roof.
[2]
Where flat roofs are required due to building size,
roofing materials having a solar reflectance index (SRI) equal to
or greater than the values in the table below for a minimum of 75%
of the roof surface shall be used or a green roof on at least 50%
of the roof area shall be used.
|
Roof Type
|
Slope
|
SRI
|
|---|---|---|
|
Low-sloped roof
|
Less than or equal to 2:12
|
78
|
|
Steep-sloped roof
|
Greater than 2:12
|
29
|
(f)
Building materials.
[1]
While synthetic materials may be acceptable, natural
building materials, including but not limited to clapboard and shingle
siding, brick, stone, glass, or glass block are preferred and encouraged
over synthetic materials, Generic, unadorned concrete masonry units
(CMUs) shall not be used as a primary exposed building material on
any facade. CMUs with any type of variegated surface (e.g., architectural
block or split-faced CMUs) are permitted but shall not comprise the
majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their street frontage.
[3]
Windows and doors shall be trimmed with wood or
stone a minimum of four inches in width.
D.
The developer shall provide adequate proof to the Town Board, prior
to the issuance of any certificate of occupancy, that the developer
has contracted with a private security company for the purpose of
patrolling the premises for the safety and security of its customers,
employees and businesses invitees and to ensure that the premises
do not become a focal point for loitering or vagrancy. Such contract,
or replacements thereof, shall remain in full force and effect during
the occupancy of any premises developed hereunder. Failure to adequately
maintain security services for the premises shall result in the revocation
of any certificate of occupancy by the Town of Southeast.
E.
The Town Board may require the inclusion of any of the foregoing
conditions in a declaration of restrictive covenants executed in recordable
form and to be recorded by the applicant/owner as a condition of any
special permit approval.
[Added 7-24-2014 by L.L. No. 1-2014]
Parking facilities may be permitted by the Town Board in the
ED Zoning District, subject to the following requirements:
A.
Such facility shall be located in an ED District and proximate to
a train station (within 1/2 mile by road).
B.
Such facility shall constitute the principal use on the lot, with
compatible, small-scale retail activities as allowed accessory uses.
C.
Such facility shall provide a direct pedestrian walkway connection
to a train station or bus depot, or at least one covered pedestrian
waiting area and a regular jitney service to a train station or bus
depot.
D.
Proper provisions shall be made for safe and convenient ingress and
egress.
E.
Such facility shall be designed and constructed in accordance with dimensional criteria in the Commercial Zoning Schedule applicable to the zone, except that the minimum lot size shall be five acres. The use shall be landscaped, screened and buffered as the approving agency deems necessary to meet the standards of § 138-50.
F.
In considering any parking garage, the approving agency shall particularly
examine the location, configuration and arrangement of ventilation
machinery and equipment, and shall consider the potential noise and
emissions therefrom.
G.
Site lighting shall meet the standards of § 138-104. The approving agency shall consider the effect, if any, of headlights of vehicles as well as the lighting of the parking facility upon adjoining and nearby residential uses.
H.
The Planning Board, at its discretion, may waive the minimum parking
space dimensions, subject to the following:
[Added 8-20-2015 by L.L.
No. 7-2015]
A.
All applications for development within the Special Route 6 Area District shall require site plan approval in compliance with Article IX, Site Plan Review and Approval.
B.
Design guidelines. The Planning Board, when considering design elements
relevant to the site plan and conditional use permit, and the Town
Board, when considering overall design of a project relevant to the
special permit, shall consider the application's conformance to the
following design guidelines in considering approval or denial of the
application.
(1)
Site design.
(a)
Building location.
[1]
Buildings shall be oriented on site to avoid disturbance
to sensitive natural and topographic features to the maximum extent
practicable while presenting a "public face" to major roads and public
trailways.
[2]
Multiple buildings on a single site shall be oriented
to achieve a unified character for the site. Individual buildings
shall not be isolated by large expanses of parking lots in order to
encourage safe pedestrian movement within the site.
(b)
Site access.
[1]
Driveway entrances and exits onto any street shall
be provided in such a manner that no undue traffic hazards or traffic
congestion will be created. Interconnections between properties and/or
shared driveways shall be provided wherever possible. Where new development
is proposed next to vacant land a stub end street shall be provided
to allow for a future connection between the properties. Driveway
entrances on Route 6, where provided, shall be spaced a minimum of
300 feet apart. Driveways shall not exceed 30 feet in width at the
street line unless a greater width is required by the County of Putnam
or State of New York.
(c)
Screening.
[1]
Outside storage, and the overnight parking of vehicles
or trucks, shall be screened from public view by a landscaped berm,
evergreen landscaping, and/or fencing to the greatest extent practicable.
In reviewing the proposed screening, the Planning Board and ARB should
consider the following:
[a]
Width of area between the road and the parking
area, and the suitability of fencing versus a berm or other landscaping;
[b]
Potential damage from road salt and/or plowing
during the winter months;
[c]
The long-term viability of the proposed plantings
for a particular location; and
[d]
A mix of deciduous and evergreen plantings may
be preferable for certain locations.
[2]
Chain link fencing with plastic privacy slats or
similar shall be prohibited.
[3]
All applications for redevelopment or amended site
plan approval for properties with existing outside storage areas shall
be required to screen and/or relocate outside storage areas to the
portions of the property least visible from public roadways, public
trailways, or residential properties. The Town/Planning Board may
require the reduction in the square feet of outside storage to accommodate
appropriate screening measures such as landscaped berms.
(d)
Parking lots.
[1]
All required parking shall be provided in parking
areas that are designed and laid out to avoid uninterrupted stretches
of paved surfaces. Parking areas may be separated from each other
by drive aisles, pedestrian walkways, stormwater management facilities,
or landscaped areas. Parking areas to the rear or side of buildings
are preferred to parking areas in front of (between the major street
and any side of) a building. Rear entrances to tenant spaces shall
be considered in the overall site design process. Underground or structured
parking may be considered and shall not be included in gross floor
area.
[2]
Parking areas shall have a minimum eight-foot-wide,
curbed planting island around the perimeter with appropriate gaps
for vehicular access. Such raised planting islands and the landscaping
within them shall be designed and arranged in such a way as to provide
vertical definition to major traffic circulation aisles, entrances
and exits, to channel internal traffic flow and prevent indiscriminate
diagonal movement of vehicles and to provide relief from the visual
monotony and shade-less expanse of a large parking area. Planted bio-swales
may be substituted for raised parking islands.
[3]
Large parking areas of 50 spaces or more shall
have additional planting islands a minimum of eight feet in width
within the parking area between every second parking module (defined
as a sixty-foot-wide area containing two rows of parking separated
by a drive aisle).
[4]
There shall be a provision for separate pedestrian
flow to building entrance(s) outside of drive aisles for each parking
area.
[5]
At least one tree, not less than three inches in
caliper measured three feet above ground level at time of planting,
shall be provided within a planting island for each 10 parking spaces
in the parking area.
[6]
Bicycle parking racks shall be provided in a location
no further than 200 feet from a building entrance and not to the rear
of any building.
[7]
Where feasible and appropriate, connections to
the Putnam County Trailway shall be provided.
(e)
Circulation to adjoining parcels.
[1]
Where any use adjoins another parcel with existing
commercial development, every opportunity for connecting parking areas
and/or driveways shall be explored to avoid separate curb cuts onto
major roads.
[2]
Where any use adjoins a vacant commercially zoned
parcel, a stub driveway shall be established in a location conducive
to creating a future internal connection point.
(f)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway,
square, or plaza) shall be integrated into the overall site plan to
provide meaningful circulation and seating areas.
[2]
Pedestrian amenities such as seating or dining
areas, fountains, gazebos, kiosks, or other such features shall be
provided in any square or plaza. Amenities associated with public
transit or bicycle use (bus waiting shelter, information kiosk with
bus schedule, bicycle racks, or taxi waiting area) shall be incorporated
into public spaces on the site.
[3]
Building(s) shall be designed to have a front facade
that has at least one principal functional entry from a pedestrian
walkway, square, or plaza.
[4]
No ground-level facade shall have blank (without
doors or windows) walls longer than 50 feet along any pedestrian walkway,
square, or plaza. Public art installations such as murals are exempt
from this requirement.
[5]
Pedestrian walkways, squares, or plazas shall provide
continuous pedestrian flow throughout the site and shall provide protected
access through a designated crosswalk or walkway between building
entrances and all parking areas.
[6]
Pedestrian walkways, squares, and plazas shall
be integrated into the overall landscaping and lighting plans for
the site.
[7]
Pedestrian walkways and other surface areas of
paving material shall offer a variety of pigments and textures that
are in harmony with nearby buildings and other paved surfaces and
are safe for pedestrian traffic, including the handicapped. Pervious
surfaces shall be used wherever practicable to minimize the need for
stormwater infrastructure.
(g)
Loading and refuse collection areas.
[1]
All loading and refuse collection areas shall be
screened from public views from primary driveways and pedestrian walkways,
squares, or plazas and shall not be located along the front facade
of any building or within any parking area. Loading and refuse collection
areas shall be internal to a structure to the extent possible.
(h)
Storage of merchandise.
[1]
Any areas intended for storage or display of merchandise
shall be identified on the site plan and shall be approved by the
Town/Planning Board as part of the special permit/site plan review
process. The storage or display area shall be clearly delineated on
the property through pavement treatments, landscaping, and/or fencing.
[2]
No merchandise shall be displayed or stored on
the sidewalk.
[3]
Vending machines, ice machines, newspaper boxes,
or similar equipment may not be located outside of any building.
(2)
Building design.
(a)
Buildings may be one or two stories to a maximum height of 30
feet. Vertical elements such as clocktowers, cupolas, parapets, or
other architectural embellishments may extend the total height of
the building but shall be no greater than 50 feet in height.
(b)
Building facades and materials.
[1]
Buildings shall be of high-quality design and materials.
[2]
Building facades shall present a varied appearance
at street level and be designed to give individual identity to each
building and/or use as well as to help achieve the planned pedestrian
scale using features such as:
[a]
The height of cornices, lintels and sill levels,
articulated floor levels and other horizontal building features.
[b]
The spacing and proportion of columns, piers and
other elements of the basic structural grid.
[c]
The spacing and proportion of window and door openings,
bays or other aspects of building fenestration.
[d]
Colors, textures and the general nature of exterior
materials and treatment, including building ornament and trim.
[3]
Blank wall exposures shall be limited. No ground-level
facade shall have blank (without doors or windows) walls longer than
50 feet along any pedestrian walkway, square, or plaza. Public art
installations such as murals are exempt from this requirement.
[4]
The design of building facades shall reflect the
scale of existing or planned building development through modulation
of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall plane and/or in
facade elements such as window openings and balconies.
[c]
Use of horizontal projections or recesses in the
building facade such as bay windows, cornices, balustrades, etc.
[d]
Use of pitched roofs and other roof elements such
as cross gables, dormer windows, turrets, and clocktowers to provide
visual interest, reduce the scale of continuous roofs and break the
line where the building meets the sky.
[5]
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their front facade.
[6]
Building facades shall be architecturally articulated
horizontally so that there are breaks in the facade plane where building
entrances, windows, or landscaped areas may be located.
[7]
Building facades shall be architecturally articulated
vertically to define a pedestrian scale along any pedestrian walkway,
square, or plaza. Arcades, awnings, roof- or eave-lines, or second-story
windows may be used to define the pedestrian scale. [Any awning, roof,
or eave that extends above a pedestrian walkway, square, or plaza
shall have a minimum clear height (height from sidewalk to the bottom
of any awning, roof, of eave) of eight feet six inches and a maximum
clear height of 10 feet above the sidewalk and shall extend beyond
the building face a minimum of five feet].
[8]
All buildings shall have an appropriate rhythm
of entrances and windows consistent with the overall size of the building
and orientation to any pedestrian walkways, squares, or plazas.
[9]
Exterior cladding shall be consistent with the
overall building style and shall include a variety of colors and textures
to help articulate the main facades.
(c)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of 8:12)
are preferred to flat roofs with parapets. On larger buildings a variety
of roof lines shall be used to break up the horizontal extent of the
building. Where parapets are used, the parapet shall be provided along
each facade. Parapet height is limited to 10 feet above the flat roof.
[2]
Where flat roofs are required due to building size,
roofing materials having a solar reflectance index (SRI) equal to
or greater than the values in the table below for a minimum of 75%
of the roof surface shall be used or a green roof on at least 50%
of the roof area shall be used.
|
Roof Type
|
Slope
|
SRI
| |
|---|---|---|---|
|
Low-sloped roof
|
<2:12
|
78
| |
|
Steep-sloped roof
|
>2:12
|
29
|
(d)
Building materials.
[1]
While synthetic materials may be acceptable, natural
building materials including, but not limited to, clapboard and shingle
siding, brick, stone, glass, or glass block are preferred and encouraged
over synthetic materials. Generic, unadorned concrete masonry units
(CMUs) shall not be used as a primary exposed building material on
any facade. CMUs with any type of variegated surface (e.g., architectural
block or split-faced CMUs) are permitted but shall not comprise the
majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their street frontage.
[3]
Windows and doors shall be trimmed with wood or
stone a minimum of four inches in width.
(3)
The Town/Planning Board may require the inclusion of any of
the foregoing conditions in a declaration of restrictive covenants
executed in recordable form and to be recorded by the applicant/owner
as a condition of any special/conditional use permit approval.
[Added 8-20-2015 by L.L.
No. 7-2015; amended 6-3-2021 by L.L. No. 2-2021]
A motor vehicle dealership shall be subject to the following
special permit conditions:
A.
Motor vehicle dealerships in existence prior to 2004 shall be considered
legally preexisting nonconforming. Improvements to said dealerships
shall be required to comply with the following criteria to the greatest
extent practicable given the existing lot size, road frontage, and
other dimensional constraints.
B.
Motor vehicle dealerships shall be designed and constructed in accordance
with dimensional criteria in the Commercial Zoning Schedule[1] applicable to the zone, except for the following:
(1)
The minimum lot size shall be four acres.
(2)
A minimum fifty-foot-wide landscaped buffer shall be provided
in the front, rear, and side yards. Vehicle parking and storage shall
be prohibited within the fifty-foot buffer.
(3)
A minimum of 10% of the parking lot and vehicle storage area
shall be landscaped. The fifty-foot-wide buffer shall not contribute
towards this requirement. Bioswales and rain gardens within landscaped
islands may be counted towards this requirement.
(4)
A minimum building size of 5,000 square feet for sales facilities
and 7,500 square feet for combined sales and service facilities.
[1]
Editor's Note: The Commercial Zoning Schedule is included as an attachment to this chapter.
C.
No exterior public address systems shall be permitted.
D.
No exterior display of banners, pennants, ribbons, dancing tube signs,
or similar temporary advertising materials shall be permitted.
E.
Employee parking shall be designated and provided on site. Parking
areas designated for employees shall not be used for vehicle storage,
repair or finishing work, display or customer parking.
F.
Customer parking shall be designated and provided on site. Parking
areas designated for customers shall not be used for vehicle storage,
repair or finishing work, display or employee parking.
G.
All employee parking and on-site motor vehicle storage shall be located
in the rear of the building and shall be screened from adjacent properties
and public rights-of-way.
H.
Outdoor vehicle display areas shall be designated on the site plan.
Vehicle display areas should be landscaped, and should not be part
of the customer parking area. Metal vehicle display ramps or similar
movable vehicle display devices are prohibited. Vehicle display areas
are not permitted within the fifty-foot buffer.
I.
Off-site motor vehicle storage shall be permitted subject to the
following conditions:
(1)
The primary lot on which the motor vehicle dealership is located
is less than five acres.
(2)
Off-site new motor vehicle storage shall be subject to the regulations
outlined in the Commercial Zoning Schedule[2] that are applicable to the zoning district in which the
off-site lot is located, and shall be regulated as "outside storage."
[2]
Editor's Note: The Commercial Zoning Schedule is included as an attachment to this chapter.
(3)
Off-site new motor vehicle storage shall be within 0.5 mile
of the motor vehicle dealership location.
(4)
Such off-site motor vehicle storage shall not be used for vehicle
display or customer interaction.
(5)
Off-site new motor vehicle storage shall be suitably screened
from public view through landscaping, berms, and/or fencing. Chain-link
fencing with plastic privacy slats or similar shall be prohibited.
J.
The hours of loading and unloading of vehicles shall be determined
by the Town Board. All loading and unloading shall occur on the subject
site and not in or on the public right-of-way.
K.
Vehicles to be repaired or serviced shall not be parked or stored
on any street or public right-of-way.
L.
Motor vehicle dealerships on Route 22 north of Interstate 684 shall
have access to a fully signalized intersection. A new traffic signal
may be installed if a traffic signal warrant study determines that
a traffic signal is warranted and the New York State Department of
Transportation grants approvals for the traffic signal. Unless signalized,
entrances on Route 22 shall be right-turn-in and right-turn-out only
with signage and striping to restrict left-turn access. Access to
the signalized intersection can be provided via access easements across
adjacent properties or through driveway exits onto County or Town
roads that have a signalized intersection with Route 22.
