Town of Carmel, NY Article V Special Use Permit Standards

§ 156-35 Special uses.

A. Approval of special use permits. The Town Board of the Town of Carmel authorizes the Planning Board to review and decide upon special use permit applications as set forth in this zoning chapter.

B. General standards. On application and after public notice and hearing, the Planning Board may approve, by resolution, the issuance of a special use permit exclusively for uses that require a permit as set forth herein. In authorizing a special use permit, the Planning Board shall take into consideration the expressed intent of this zoning chapter, the general public health, safety, and welfare, and shall prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:

(1) The proposed use shall be deemed to be compatible with adjoining properties, and with the natural and built environment of its surrounds.

(2) The site is accessible to fire, police, and other emergency vehicles.

(3) The use is suitable to its site upon consideration of its scale and intensity in relation to environmentally sensitive features, including but not limited to steep slopes, floodplains, wetlands, and watercourses.

(4) Screening and separation distances are provided to buffer the use from adjacent properties where the Planning Board deems it necessary.

(5) The use will not negatively impact ambient noise levels, generate excess dust or odors, release pollutants, generate glare, or cause any other nuisances.

(6) Parking shall be sufficient to not create a nuisance or traffic hazard on adjacent properties or roads.

(7) Vehicular, pedestrian and bicycle circulation, including levels of service and roadway geometry, shall be safe and adequate to serve the use.

(8) The location, arrangement, size, operation, including hours of operation, and design of the use, including all principal and accessory structures associated with same, shall be compatible with the character of the neighborhood in which it is situated and shall not hinder or negatively impact the use, enjoyment or operation of adjacent properties and uses.

(9) Utilities, including stormwater, wastewater, water supply, solid waste disposal and snow removal storage areas, shall be adequate to serve the use.

(10) The use shall not negatively impact the visual character of the town or neighborhood.

(11) The use shall not negatively impact historic, scenic or natural environmental features on-site or within the adjacent neighborhood.

C. Waiver of standards. The Planning Board, where it determines reasonable, may waive any individual standard for the approval, approval with modifications or disapproval of a special use permit, except where said waiver is explicitly not authorized herein. Any such waiver of the standards may be exercised in the event they are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a specific special use permit application. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the full membership of the Board.

D. Area variance. Where a proposed special use contains one or more features which do not comply with this zoning chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 159-69 of this zoning chapter, without the necessity of a decision or determination of the Building Inspector charged with the enforcement of this zoning chapter.

E. Procedure. Any application for a special use permit shall require site plan approval by the Planning Board in accordance with the site plan regulations contained in this zoning chapter. The Planning Board shall deem that a special use permit application is complete prior to the conduct of a public hearing on the application. Whenever possible, a hearing on a special use permit should be held concurrently with any hearing held on the site plan.

F. Public hearing. The Planning Board shall conduct a public hearing within 62 days from the date a complete special use permit application is received. Public notice of the hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Planning Board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the Planning Board. Said notice shall be removed following the close of the public hearing.

G. Notice to the Putnam County Planning Department. At least 10 days before the public hearing, the Planning Board shall mail notices thereof to the Putnam County Planning Department, as required by § 239-m of the New York State General Municipal Law, which shall be accompanied by a full statement of the matter under consideration, as defined therein.

H. Decision. The Planning Board shall decide upon the application within 62 days following the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

I. Filing. The decision of the Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

J. Existing violation. No special use permit shall be issued for a property known to be in violation of this zoning chapter unless the granting of a special use permit and site plan approval will result in the correction of said violation.

K. Deemed to be a conforming use. Any use for which a special use permit has been granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require a special use permit by the Planning Board in accordance with the special use permit application and approval procedures contained herein and these regulations shall be applicable to the expansion area only. For a pre-existing use, the applicant, at its option, may seek special use permit approval for the entire use in addition to the expansion. For purposes of this section, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.

L. Expiration of special use permit; extension of special use permit for good cause. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason, or if construction is not completed within 18 months from the date of issuance. The Planning Board may consider two extensions of up to six months from the date of issuance.

M. Inspections. In connection with the issuance of a special use permit, the Planning Board may provide for inspections to be conducted by the Building Inspector to ensure continued compliance with this zoning chapter and any conditions of the special use permit. The special permit shall be subject to revocation after a hearing by the Planning Board at which the permit holder is given an opportunity to be heard if any inspection of the property by the Town of Carmel for the purpose of ensuring compliance with the provisions of this section is refused by the owner/operator, when said inspection occurs at any reasonable time during daylight hours or the continuing conditions of the special permit are violated.

N. Renewal. The Planning Board may require that a special use permit be renewed periodically as a condition of special use permit approval. 60 days prior to the expiration of a special use permit, the applicant shall apply to the Building Inspector for renewal of the special use permit. The Building Inspector shall inspect the premises to verify that the conditions of the permit have been met within 15 days following a request for renewal. Upon a finding that there are no violations or noncompliance of the conditions of the special use permit, the Building Inspector shall so advise the Planning Board and the special use permit shall be renewed by the Planning Board for a time period to be set at its next regular meeting. However, where the Building Inspector finds that the applicant is not in compliance with the special use permit or that violations exist, then such renewal shall require Board approval and may be granted only following a public hearing. Renewal may be withheld upon a determination by the Planning Board that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.

O. SEQRA. In its review and decision-making, the Planning Board shall comply with the regulations implementing the New York State Environmental Quality Review Act.

P. Independent review. The Planning Board is authorized to retain such independent professionals necessary to assist in the review of applications. Any such cost of review shall be reimbursed by the applicant. An escrow account shall be established in accordance with the fee schedule of the Town of Carmel.

Q. Fees. An application fee shall accompany the special use permit application in an amount established in the fee schedule duly adopted by the Carmel Town Board.

§ 156-36 Individual standards.

In addition to the general standards set forth in § 156-35B of this article, the following individual standards shall apply to certain special uses.

§ 156-36.1 Automotive service station.

A. The lot shall have a minimum lot area of 20,000 square feet.

B. No station shall be permitted within a radius of 1,000 feet of another service station, either existing or for which a building permit has been issued.

C. Not more than two driveways shall be permitted for each 200 feet of lot frontage. Driveways shall be at least 24 feet wide and not wider than 36 feet and shall be located at least 25 feet from a side lot line. No driveway to or from a service station shall cross any sidewalk located within 200 feet of any elementary school, library, playground or other recreation facility used by elementary school-age children. Vehicle access shall be controlled through the use of curbing.

D. For pre-existing service stations where automotive repair is occurring, no auto repair work shall be performed outside the building, and all automobile parts, dismantled vehicles and products for sale shall be stored within a fully enclosed structure. Gasoline or oil sales, changing of tires and other similar minor servicing shall not be considered repair work. No new automotive service station shall permit automotive repair.

E. All gasoline and similar substances shall be stored underground at least 40 feet from any property line other than a street right-of-way line.

F. All gasoline pumps shall be located at least 50 feet from any street right-of-way line and 50 feet from any lot line.

G. Under no circumstances shall any area of the lot be used for the storage of inoperable vehicles or used as a junkyard, as defined in § 156-8 of this zoning chapter.

H. Screening and landscaping, in the form of a fence, wall or perennial plants and shrubs at least six feet in height and for a depth of 20 feet shall be provided around the perimeter of the site, except for access driveways. A landscaping and lighting plan shall be submitted.

I. All canopy lighting shall be recessed into the ceiling of the canopy. The Planning Board may require that the canopy conceal any fire suppression devices in the canopy.

J. All lighting shall be shown on a lighting plan. Lighting shall meet the requirements for lighting set forth in § 156-45.

K. A convenience store, not exceeding a total gross floor area of 4,000 square feet, is permitted accessory to a filling station. No storage of any materials for sale shall be displayed outdoors. The convenience store shall meet all requirements for retail uses.

L. Automotive service stations shall not be designed to serve tractor trailers and heavy-duty vehicles.

M. Internal circulation shall be provided so that no vehicle must exit and re-enter the site to access a gasoline pump or the convenience store.

§ 156-36.2 Automotive car sales lots.

New and used car lots shall be permitted, provided that:

A. No automobile shall be stored or displayed nearer to the street line than 25 feet.

B. There shall be a 10-foot buffer at the sides and rear of the property where vehicles will not be stored. The balance of the site may be used for the outdoor display or storage of vehicles subject to compliance with all other zoning regulations.

C. Repair work, storage and sale of auto parts and accessories shall be conducted in a fully enclosed building.

D. Buffer planting and fencing at least six feet in height and for a depth of at least 10 feet shall be provided to buffer any adjoining existing residential uses or residential zoning districts. The buffer strip shall consist of densely planted evergreen species and perennials as specified upon a landscaping plan which shall be submitted.

E. Dumpster locations shall be screened from public view. All refuse shall be disposed of in waste containers and removed from the premises on a regular basis.

F. For new car lots, no parking shall be permitted within the required front yard.

§ 156-36.3 Automotive repair facility.

A. All automotive repair work shall be conducted in a fully enclosed building. All vehicles stored on the premises in excess of 72 hours shall be placed in an enclosed and fully screened storage yard.

B. The exterior display or storage of new or used automobiles or automobile parts is prohibited.

C. Where an automotive repair use adjoins a residential use, a minimum 20-foot landscape screen shall be provided adjacent to the shared property line, consisting of evergreens and perennial plantings. A landscaping plan shall be submitted.

D. Bay/loading doors shall not face any public right-of-way. The doors shall face the rear yard or to a side yard not abutting any residential use. The Planning Board may approve an alternative arrangement of bay/loading doors to mitigate impacts to adjoining residential uses.

E. Dumpster locations shall be screened from public view. All refuse shall be disposed of in waste containers and removed from the premises on a regular basis.

F. No parking or storage shall be permitted within the required front yard.

§ 156-36.4 Short term rental (STR).

A. Purpose. It is the purpose and intent of this provision to address the need of residents to locate convenient accommodation for visitors, to provide local accommodation for short-term visitors to the community, to provide economic support for existing residents, and to protect and preserve property values. A STR shall require a special use permit and site plan approval from the Planning Board.

B. Standards. The following standards shall apply:

(1) Maximum guest occupancy. Not more than four bedrooms shall be permitted to be used for rental purposes, and no more than two persons may occupy any bedroom. Each bedroom shall meet all requirements of the NYS Building and Fire Code. Smoke alarms shall be installed in compliance with NYS Building Code in each bedroom of the STR. A floor plan of the existing dwelling with identification of the bedroom(s) to be used by overnight guests shall be submitted as part of the application.

(2) Prohibitions. A STR is prohibited from occupying the following structures or vehicles: tents, campers, recreational motor vehicles, trailers, storage pods, yurts, teepees, storage containers, any vehicle with or without wheels, mobile homes, dumpsters, and similar appurtenances.

(3) Bulk standards. A STR is permitted on a lot which complies with Schedule of District Regulations, applicable to the zoning district within which it is located. The Planning Board, in its discretion, may require a larger minimum lot area or larger setbacks where it determines that it is required to protect adjoining residential properties. In no event shall the minimum lot area be less than three acres.

(4) Access. A STR shall not be permitted if access only is from a private road. The driveway serving the STR shall have direct access to a public road over lands owned by the owner.

(5) Length of stay. There shall be a limit of not more than 14 consecutive days for the length of stay of any guest.

(6) Registry. The STR shall maintain a guest registry and related financial records and said registry shall be provided upon demand of the Town if the Town has reasonable cause to suspect a violation of any provision of this section.

(7) Events. The establishment and operation of the STR shall not alter the appearance of the residential structure as a single-family detached dwelling nor provide for any outdoor large group gatherings, picnics, weddings or other activities that would create excess noise, traffic, on-street parking or other undesirable effects to the neighborhood.

(8) Signs. Identifications signs for the STR shall comply with § 156-42, Signs.

(9) Parking. Parking shall be at least the minimum required for the principal use, plus an additional one parking space per each bedroom used for an STR. The parking area shall be screened, if necessary, to the satisfaction of the Planning Board.

(10) Waste removal. Waste shall be placed within an enclosure such as a dumpster or garbage cans and removal shall occur on a regular basis and no waste shall be deposited on any STR site.

(11) Water supply/wastewater. The applicant shall provide evidence and certify that the individual well and the septic system for the STR can handle any increased flow from the operation of the STR.

(12) License. The operator of the STR shall obtain a license from the Town Building Department. The operator shall fill out forms prescribed by that office and shall comply with all relevant building, health department and fire safety codes. The premises will be subject to periodic safety inspections by the Building Inspector. Emergency contact information shall be provided as part of the license, which shall include the owner of the property, and/or an additional party which can provide access to the site 24 hours, seven days per week.

(13) License renewal. The STR license shall require annual renewal from the date of issuance or shall require renewal on such further inspections of complaints or reasonable grounds to determine violations exist and that the STR is not operating in accordance with its approval. The Building Department, in its discretion, can refer any license which requires renewal to the Planning Board for reapproval where it determines alterations to the STR have occurred absent said approval.

(14) License transfer. The Building Department is permitted to transfer the STR license to a new operator who also is the owner. Simultaneous notification shall be provided to the Town Tax Assessor and Planning Board or upon the conduct of a municipal search requested by an owner. The STR shall continue to meet all the requirements of the original license. Any proposed modifications shall require Planning Board review and approval.

(15) Good neighbor and emergency brochure. The STR operator shall notify the occupants of any Town nuisance laws that exist now or in the future and shall prepare a brochure which will establish "good neighbor" policies so that the STR does not impact residential adjoiners. The brochure shall also include standard information regarding the agencies to contact in the event of an emergency which shall be kept up to date. The Planning Board shall approve the brochure, and same shall be posted to any website advertising the STR.

(16) Number of STRs. Maximum number of STRs. The Carmel Town Board by resolution, may establish a limit on the total number of STRs permitted in the Town.

(17) Grace period. At time of the adoption of the local law allowing STRs, a property owner operating a short-term rental without a permit, or in violation of the standards set forth herein, shall submit a STR permit application within 90 days from the effective date of this zoning chapter. Any property owner operating a STR after the said period without having obtained a STR Planning Board approval shall in be in violation of the STR regulations and shall immediately cease such operations until such time that a Planning Board approval is issued.

(18) Offenses. Any short-term rental found to be in violation of the standards set forth herein shall be subject to the following penalties: First conviction, up to $500. Second conviction, up to $1,000 and six-month suspension of permit. Third conviction, up to $1,500 and one-year suspension of permit. Fourth conviction, revocation of permit and Special Use Permit.

(19) The STR shall comply with all other state or county regulations which may apply to a STR.

§ 156-36.5 Clubs.

Clubs, including country, golf, swim, tennis and other court games shall be permitted, provided that:

A. The minimum site size for a nine-hole golf course shall be 75 acres and for an 18 hole golf course shall be 150 acres. The minimum site size for clubs other than golf clubs shall be five acres.

B. Where a swimming pool is provided, such pool shall contain one and seven-tenths square feet of water surface area for each member household expected to use such facilities. A 25 meter pool shall have a minimum width of 45 feet, and a 50-meter pool shall have a minimum width of 60 feet. A paved sitting area contiguous to all sides of such pool and having an area two times the water surface of the pool shall be provided.

C. Where any active sport area of said membership club site abuts a residential district, a landscaped buffer having a height of at least six feet and a depth of at least 10 feet shall be provided.

D. On-site paved parking spaces shall be provided at a ratio of two for each member household, plus one space for each full-time employee.

E. Where a restaurant and/or bar is provided for nonmember as well as member use, on-site paved parking shall be provided at a ratio of one space for each three seats, including barstools, or one:

(1) Space for each 40 square feet of floor area devoted to patron use where the capacity is not determined by the number of fixed seats provided.

§ 156-36.6 Corridor commercial uses in residential zones.

A. Intent. To retain the primarily open and residential environment within the LDR and MDR zone and create a smooth transition in land uses and intensities of development along Route 6, Route 6N, Route 52, and Route 301, a limited number of nonresidential uses are allowed (professional offices, custom workshop or studio, in addition to uses permitted in the applicable zoning district), provided that they conform to the character of established surrounding patterns of development. Both new and renovated structures shall retain the character and scale of the surrounding residential neighborhood. It is the further intent to preserve and enhance older or architecturally significant dwellings and their individual character.

B. The following uses shall be allowed within an existing residential building which may be converted subject to the requirements of this section: professional office, medical and dental office, custom workshop or studio, antique shops, art galleries, or a personal service commercial use.

C. No existing building shall be demolished to accommodate the uses set forth herein, unless the Planning Board, after consultation with the Building Inspector, determines that the dwelling is uninhabitable and cannot be rehabilitated. Cost alone shall not be the determinative factor in whether a building can be rehabilitated. New buildings shall be designed to be consistent with the overall residential appearance of the corridor.

D. The maximum lot coverage, including all parking areas, shall not exceed 40% of the total lot area.

E. The lot on which the use is proposed shall have a minimum 50 feet of street frontage and shall obtain vehicular access directly to a street or highway identified in Subsection A above.

§ 156-36.7 Craft beverage establishment.

A. The use and operation shall meet all of the requirements of the New York State Liquor Authority, Alcoholic Beverage Control Law and any other town, county, state or federal agency having jurisdiction over the manufacture and sale of alcohol.

B. Such use shall be open to the public during hours in accordance with state regulations. The Planning Board, in its discretion, may limit such hours depending on location and proximity to adjoining residential uses.

C. Within any residential zoning district, the use shall be allowed only on a parcel with frontage on and direct access from a state or county road. A minimum 50-foot buffer shall be established along any lot line adjoining a residential use or a residential zoning district line. In a residential zoning district, the minimum lot area shall be five acres, provided the Planning Board may allow the use on a lot no less than three acres where it determines the use does not adjoin any existing residential uses.

D. A landscaped buffer or suitable fencing as approved by the Planning Board shall be provided along the side and rear property lines.

E. In the event that New York Law supersedes these requirements, then such state law shall apply.

§ 156-36.8 Cultural and performing arts center.

A. The buildings and structures shall be compatible with the community character exhibited within the surrounding environs and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein.

B. The applicant shall demonstrate that adequate emergency services are available to serve the use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the use shall be provided with a copy of the application for review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Town Board shall approve the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk and County and local emergency service organizations.

C. To minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.

D. A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall confer with the Planning Board regarding the scope of the traffic analysis prior to the study being conducted. The Planning Board shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to mitigate significant adverse traffic impacts.

E. Parking areas shall be broken up and landscaped to avoid the appearance of significant expanses of impervious surfaces. Any loading facilities shall be provided as required in Article VI of this zoning chapter.

F. All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscape plan shall be submitted and approved as part of the site plan application pursuant to this zoning chapter.

G. On-site lighting shall be designed and installed in accordance with § 156-45. A lighting plan shall be submitted and shall meet the standards set forth in this zoning chapter. Decorative lighting fixtures appropriate to a rural and woodland setting shall be incorporated into the overall design of the development.

H. The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate the master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances. The Planning Board may waive the requirements set forth in § 156-42 to achieve the design objectives set forth herein for signs.

I. The site plan must depict all uses proposed for development that are anticipated for development, including, but not limited to, pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, accessory residential structures (for a groundskeeper) and seating facilities to accommodate performing arts patrons. The site plan must also depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses. The plan shall include all infrastructure, including water supply, sewer service, and stormwater facilities. The plan must also demonstrate that the development design standards listed above will be met or the extent to which any modifications will be necessary.

J. Concurrent with its overall development plan submission, an applicant may also submit a detailed site plan application for one or more phases of its overall development. That site plan must comply with the requirements of this section and of Article X of this zoning chapter.

§ 156-36.9 Day camps.

Day camps shall be permitted, provided that:

A. No camp shall be operated on a site less than 10 acres in size. There shall be not more than one camper for each 2,500 square feet of lot area, with a maximum of 400 campers permitted at any camp.

B. No building or structures shall be located closer than 100 feet to any property line.

C. Outdoor recreation areas, including picnic areas, shall be located a minimum of 50 feet from any property line(s).

§ 156-36.10 Day-care center and day nurseries.

Day-care centers and day nurseries shall be permitted as principal uses, provided that:

A. The minimum lot size shall be one acre.

B. There shall be not more than one child for each 1,500 square feet of lot area and a total of not more than 100 children in a facility.

C. The site shall contain at least 200 square feet of outdoor play space per child with a minimum play space of 1,000 square feet for any nursery or school. The play space shall be located in a rear or side yards at least 50 feet from any lot line and at least 100 feet from any dwelling on an adjacent property. The outdoor play area shall be screened with a fence that is six feet in height to protect the school children and to avoid any nuisance to adjoining properties. The Planning Board may require that additional vegetative screening supplement the fence for visual purposes.

D. Play or instructional space within a building shall be located on the first floor only and contain at least 35 square feet of area for each child, exclusive of cloakrooms, lavatories, storage rooms and hallways. No play or instructional areas shall be below grade. There shall be at least one toilet and one washbasin for each 15 children.

E. One off-street parking space for each teacher and staff member and one space for every 10 children. Parking areas shall be located at least 15 feet from side and rear lot lines and at least 50 feet from the street line. The parking area shall be permanently improved and, if located adjacent to any play area, shall be demarcated by a fence or hedge at least four feet in height. Adequate space shall be provided to allow for queuing of vehicles for child pick-up and drop off areas.

F. One identification sign, not to exceed two square feet in area, shall be permitted in accordance with the provisions of § 156-42 pertaining to signs.

G. The facility shall be licensed if required by applicable state law and shall be subject to the requirements of any federal, state, county or local regulatory agencies.

H. The Building Inspector shall inspect the school or nursery and issue a permit renewal on an annual basis provided the facility continues to meet all requirements and conditions of any approval.

I. All accessory structures and features shall be adequately accommodated on the site. Dumpsters shall be indicated on the site plan and shall be enclosed and screened. Storage buildings shall be directly accessible and shall not interfere with circulation patterns or open space areas.

J. The facility shall be supported by water supply, sanitary sewer, and stormwater utilities that are adequate to accommodate the anticipated use of the facility. The applicant shall submit a utility infrastructure analysis that documents the adequacy of water, sewerage, electric, telephone, cable TV and any other utility service necessary to support the facility. Documentation from the utility service providers shall support this analysis.

§ 156-36.11 Designed shopping centers.

Designed shopping centers shall be permitted, provided that:

A. A shopping center plan, including proposed building locations, accessory on-site parking and loading facilities, access and entranceways, landscaping and other elements of the plan, shall be a comprehensive design for the entire center, identifying the maximum total floor area of all buildings in the center.

B. For a neighborhood-type shopping center which generally requires a market area of at least a population of 5,000 and draws its clientele from a 1.5 mile radius, the minimum lot area shall be five acres. For a community-type shopping center which generally requires a market of at least a population of 40,000 and draws a clientele from a 3.5 mile radius, the minimum lot area shall be 10 acres. For a regional-type shopping center which generally requires a market of at least 150,000 persons and draws its clientele from a 20-minute driving-time radius and up to a 15-mile radius, the site shall be at least 20 acres in size.

C. On-site parking and loading facilities shall be in accordance with the Schedules of Off-Street Parking and Loading that are contained in § 156-43.

D. Signs shall be in accordance with the regulations on signs contained in § 156-42.

E. Any site plan for a shopping center shall illustrate the internal circulation system, including emergency access and driveways to access the public street. The Planning Board may require a traffic impact study to demonstrate that traffic generated by the shopping center will not adversely impact the adjoining street network.

F. A market study, prepared by an impartial professional selected by the Town at the applicant's expense, shall be required by the Planning Board to indicate the particular need for such use and to confirm the market area for the shopping center and that demand exists for same.

§ 156-36.12 Drive-through facility.

A. Drive-through facilities, which are convenient to motorists, can diminish the pedestrian experience if not designed appropriately and negatively impact adjoining properties. The Planning Board, in assessing whether to allow a drive-through facility, shall consider the following:

(1) Entrances and exits for a drive-through facility shall not require any additional driveway and curb cut than required for the principal building to which is it accessory. The drive-through service window shall be attached to the principal building.

(2) Shared use of existing or proposed driveways shall be encouraged.

(3) The drive-through shall be accessory and incidental to a use allowed in the district.

(4) The drive-through window, access queuing lane, and other related elements shall be located behind or on the side of the building and shall be screened from view of any public street or right-of-way.

(5) The Planning Board may require that a vehicle stacking analysis be submitted to ensure that the vehicle queue at the drive-through window will not block or interfere with an entry/exit from any parking space and to or from a street. All drive-through facilities shall include a bypass lane in order for vehicles to exit the queue lane before the window.

(6) Landscaping, walls, and fences shall be used to screen parking areas and provide visual interest. Where a drive-through adjoins a residential use, vegetative screening and a fence shall be provided along the shared lot line for a minimum width of 25 feet.

(7) All boards, speakers, and service windows shall be situated in a manner so as not to be audible beyond the property line on which the use is located. The use is allowed menu boards which shall be sized to identify menu items only. The Planning Board can limit the size of the board to meet this requirement.

(8) The drive-through window and drive lanes shall be situated so as not to require a pedestrian to cross the drive-through lane when accessing the interior of the building.

§ 156-36.13 Dwellings in the hamlet mixed use centers.

A. Within the HMC zoning district, single-family attached and multifamily dwellings are allowed by special use permit approval.

B. No lot located within the HMC zone, which lot maintains lake frontage or which lot or any portion thereof is within 100 feet of the mean high-water line of a lake, shall be developed with dwellings, including dwellings above ground floor uses. The Planning Board is not authorized to waive this provision, and any such application requesting dwellings on a lot with lake frontage or within 100 feet of the mean high-water line shall require a use variance. Nothing herein shall require a pre-existing dwelling to obtain any use variance, and said dwelling may continue, provided no additional dwellings on said lot shall be permitted.

C. Within the HMC zone, the primary objective is to enliven the existing hamlets and to encourage a variety of commercial uses at the ground floor level. To achieve this objective, single-family attached or multifamily dwellings shall not be permitted to front to or be located within 50 feet of the right-of-way of the following roads: Gleneida Avenue, Stoneleigh Avenue, Marine Drive, South Lake Boulevard, Route 6, Cherry Lane between South Lake Boulevard and Route 6. Dwellings above ground level commercial uses are permitted along these roads, in addition to commercial uses, as per the Schedule of District Regulations.

D. Building height. The maximum building height for single-family attached dwellings shall be (2.5) stories and shall be three stories for multifamily dwellings. No building shall exceed 35 feet in building height.

E. Dwelling size. The minimum dwelling size for a multifamily dwelling shall be 650 square feet of habitable space, and 1,200 square feet for a single-family attached dwelling. No dwelling shall have fewer than one bedroom per dwelling.

F. Residential density. The residential density shall be 5,000 square feet for each one single-family attached dwelling, and 3,000 square feet for each one multifamily dwelling. The number of units shall be rounded to the nearest whole number.

G. Parking. Parking shall not be permitted within any front yard. Buildings shall be situated with the buildings fronting to existing town, county or state roads, and parking shall be accessed via an alley or driveway to a parking area, or garages located to the rear or beneath the buildings.

H. Utilities. The applicant shall demonstrate the development can be served by public water and public sewer. All utilities shall be underground.

I. Architectural review. The applications shall be subject to architectural review as per the requirements of the D-O Zoning District.

J. Lot coverage. Buildings must either front a public sidewalk or shall otherwise be provided a 20-foot landscaped front yard. The Planning Board may allow an increase in the maximum permissible lot coverage up to 65%, depending on the location of the development, and the need to accommodate a buffer or screen between the development and any adjoining residential zoning districts or commercial uses.

K. Recreation. The development shall include 300 square feet of outdoor recreation per dwelling unit and shall provide a fee in lieu of land as per § 156-85.

L. Conversion of residential buildings. The conversion of existing residential dwellings constructed to multifamily dwellings may be allowed subject to Planning Board special use permit and site plan approval, and there shall be no more than one dwelling unit per building story regardless of whether the building can accommodate additional dwellings as per the residential density standard set forth herein. The conversion of any other building type shall be in accordance with the standards set forth herein.

M. Parking shall be provided as follows: 1.5 parking spaces per one bedroom; two spaces per two bedrooms; 2.5 spaces per three or more bedrooms. In addition, the Planning Board can require additional parking spaces for guests.

§ 156-36.14 Educational institutions.

Private schools and other institutions of higher learning shall be allowed by special use permit, provided that:

A. Said school or institution shall be a nonprofit organization within the meaning of the Education Law of New York State.

B. Such school shall have, as its prime purpose, the general education of students in the arts and sciences and shall be licensed by the New York State Department of Education if a license for its operation is required by law.

C. No school permitted hereunder shall be a trade or vocational school, except to the extent that instruction in a particular trade or trades may be a part of the general education curriculum of the school in the arts and sciences. No correctional, health or any other institution not primarily concerned with the general education of students in the arts and sciences shall be permitted.

D. The minimum lot area shall be five acres, plus one acre for each additional 100 students or portion thereof.

E. A minimum of 10 parking spaces, plus three spaces per classroom shall be required for those schools with students of elementary and junior high school age. Schools with students of at least high school age shall provide at least 20 parking spaces, plus five spaces per classroom.

§ 156-36.15 Fast-food restaurants with drive-through facility.

A. Fast-food restaurants are subject to the following:

(1) They are fully enclosed establishments.

(2) The site shall not be located closer than 200 feet to the boundary of an abutting residential zoning district.

(3) Points of vehicular ingress and egress shall be limited to the adjacent thoroughfare having commercial zoned frontage only.

(4) Entrances and exits for a drive-through facility shall not require any additional driveway and curb cut than required for the principal building to which is it accessory. The drive-through service window shall be attached to the principal building.

(5) Shared use of existing or proposed driveways shall be encouraged.

(6) The drive-through window, access queuing lane, and other related elements shall be located behind the building and screened from view from any public street or right-of-way.

(7) The Planning Board may require that a stacking analysis be submitted to ensure that the queue will not block or interfere with an entry/exit from any parking space and to or from a street. A bypass lane shall be required in order to allow a vehicle to leave the queue lane before the window.

(8) Landscaping, walls, and fences shall be used to screen parking areas and provide visual interest.

(9) All menu boards, speakers, and/or service windows shall be situated in a manner so as not to be audible beyond the property line on which the use is located. All menu boards shall be sized to identify only menu items only. The Planning Board can limit the size of the board to meet this requirement.

(10) The drive-through window and drive lanes shall be situated so as not to require a pedestrian to cross the drive-through lane when accessing the interior of the building.

(11) Fast food restaurants shall be subject to architectural review by the Planning Board, and the Planning Board shall use the design standards in the Town of Carmel Comprehensive Plan and/or the Design Overlay District standards set forth in the zoning chapter regardless of whether the use is in the D-O Zone.

B. Fast-food restaurants are characterized as those eating establishments that are distinguished by one or more of the following:

(1) Containers and utensils are disposable (cardboard, paper, plastic, etc.).

(2) Orders are given over the counter and are not taken at individual tables.

(3) Menus are posted rather than printed and dispensed to customers.

(4) Customers clear the table area of trays, food, utensils, etc., upon the completion of the meal.

§ 156-36.16 Home occupations.

Home occupations are allowed by special use permit, provided that:

A. Such uses are confined to not more than 25% of the habitable floor area of one floor of the principal building, and the use and building shall otherwise conform to all other applicable bulk standards.

B. Not more than two persons shall be employed in said home occupation or trade, at least one of whom must be a resident of the premises.

C. Such uses shall not take place earlier than 7:00 AM or later than 8:00 PM.

D. No mechanical equipment shall be used other than that which is customary for domestic or household purposes.

E. No exterior storage of materials shall be allowed.

F. No signs identifying the home occupation shall be permitted.

G. Off-street parking shall be provided for any employee.

H. No home occupation shall require or involve any overnight accommodation other than for the property owner that resides at the dwelling.

I. A home occupation shall not require any lighting that is not otherwise customary to the dwelling.

§ 156-36.17 Hotel; boutique hotel.

A. Use. Use of a hotel site and any buildings or structures thereon shall be limited to the usual hotel activities, as defined herein and accessory uses incidental to the operation of a hotel shall be planned as an integral part of the hotel and located on the same site therewith.

B. Minimum lot size. The site shall be at least two acres, with a minimum frontage of 200 feet on a state, county or Town road.

C. Accessory uses. All space dedicated to accessory uses except for parking and landscaped areas, and including dining rooms, swimming pools and recreational areas whether indoors or outdoors or a combination thereof, shall not occupy more than 30% of the total gross floor area of the hotel. The following accessory uses are permitted, subject to approval by the Planning Board:

(1) Caretaker residence. One accessory dwelling within the hotel and with or without kitchen facilities for the use of the hotel/desk manager.

(2) Restaurant. Restaurants and kitchen areas, serving either hotel guests exclusively or to the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is constructed and further provided sufficient parking is made available to patrons.

(3) Recreation facilities. Indoor and outdoor amusement and sport facilities for the exclusive use of hotel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs. A swimming pool is permitted to be outdoors and shall not be open to the general public.

(4) Parking. Automobile parking lots for the exclusive use of hotel patrons and employees, and off-street parking spaces. The Planning Board, in its discretion, may allow dedicated spaces for the overnight parking of a recreational vehicle, or tractor trailer spaces.

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

(6) Retail sales. A small retail area for the purchase of sundries and snacks by guests.

(7) Spas, restaurant/bar, conference rooms, ballrooms.

(8) Docks are not allowed accessory to a hotel or boutique hotel use.

D. Guest units.

(1) Occupancy. In no case are guest units to be used as apartments for non-transient tenants. The maximum stay shall be no more than 14 consecutive days within any 30 day time period and the hotel shall meet all requirements for transient use as set forth in the NYS Building and Fire Codes. The Planning Board, in its discretion, can waive this standard for an extended stay hotel, only where it finds that ample safeguards are provided to ensure guests do not become non-transient tenants.

(2) Interconnections. Hotel sleeping rooms shall not be interconnected by interior doors in groups of more than two.

(3) Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.

(4) The maximum number of guest sleeping rooms for any hotel site, inclusive of all buildings, shall be 150, or no more than one guest sleeping room for every 2,000 square feet of lot area, whichever is less, which maximum cannot be waived by the Planning Board.

(5) There shall be no kitchen facilities in a guest sleeping room, except as may be approved by the Planning Board for extended stay hotels. Each guest unit shall include a full bathroom, including sink, toilet facility, and shower/bath installation.

(6) All rooms shall be furnished by the hotel operator. No furniture may be added or provided by any guest.

E. Dimensional regulations. The maximum length of any hotel building shall not exceed 300 feet.

F. Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Up to two driveway accessways shall be provided.

G. Off-street parking. Where a hotel includes a restaurant or other eating and drinking facilities open to the public, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. No parking space shall be located within 25 feet from any hotel building ingress or egress, including emergency egress. All off-street parking areas shall be at least 25 feet from any property lines.

H. Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.

I. There shall be no outdoor public-address or music system audible beyond the property line.

J. The site shall be served by water supply and sanitary sewer.

K. Boutique hotel. In addition to the standards set forth above, a boutique hotel shall be limited in occupancy to the maximum set forth in the definition for "boutique hotel." The minimum lot area within a residential zoning district for a boutique hotel shall be five acres. A minimum 100-foot buffer shall be provided along any lot which adjoins a lot in residential use.

L. As part of any site plan application for a hotel or boutique hotel, a market study shall be submitted demonstrating demand exists for such use within the Town of Carmel.

§ 156-36.18 Light industry; self-storage, warehouse.

Light manufacturing, converting, processing, altering, assembly, finishing, printing or other handling of materials or products and self-storage warehouses shall be allowed as follows:

A. Such industrial uses or the occasional byproducts of such uses shall not create a hazard to the health or safety of the residents of Carmel and others on adjoining property, nor shall there by any negative impact on the physical, social or aesthetic environment.

B. No ongoing nuisance conditions, such as noise, objectionable odors, glare or visual pollutants, will accompany the activity or occur at a frequency that will constitute a nuisance (see § 156-47, Performance standards).

C. All self-storage warehouses shall be for dead-storage activities only. Retail activities, storefronts and office activities shall be prohibited within the self-storage center, except that one office for the operation of the center and limited retail sales of products and supplies incidental to the principal use (packing tape, boxes) shall be permitted within the office area. The following are also prohibited: flea markets, hobby shops, servicing and repair of motor vehicles, boats, etc.; the operation of power tools, spray-painting equipment, kilns or other similar equipment. The ability to hold public auctions for units shall be held only upon approval of the Planning Board. All storage, including cars, shall be inside a building; outside storage shall be prohibited. Vehicle parking shall be for customers and employees only while they are on the site. Motor vehicles shall not be parked or otherwise stored outside within the center. Operating hours shall be limited from 7:00 A.M. to 11:00 P.M.

D. Where the lot is adjacent to a residential use, screening shall be provided with a width of no less than 10 feet in width, which shall consist of a fence and plantings.

E. Any lighting shall be shielded to direct light onto the established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. Lighting shall meet the requirements of § 156-45.

F. One off-street parking space per 10,000 square feet of storage area shall be provided.

§ 156-36.19 Manufactured housing.

A. Manufactured housing is allowed only in a Manufactured Home Park Zoning District.

B. Design criteria for a manufactured home. A manufactured home shall comply with the following design criteria:

(1) A manufactured home and any deck or other addition shall be mounted on a permanent concrete slab base or footing at least four inches thick, with skirting provided. The base of each manufactured home shall be enclosed with suitable material approved by the Planning Board.

(2) A manufactured home shall be finished with a natural or artificial materials that, because of their color and texture, have the appearance of clapboards, wood shingles or other traditional house siding and blend in with the landscape to enhance or maintain the attractive visual character of the neighborhood.

(3) Two off-street parking spaces shall be provided for each manufactured home. Dustless surface off-street parking spaces shall be provided for each mobile home lot as that term is defined herein, which may be permitted in the front yard of the mobile home lot. There will be no parking on any public street.

(4) A manufactured home shall have shingled, peaked roofs with a minimum pitch of 4:12.

(5) A manufactured home shall comply with currently applicable federal and state standards applicable to manufactured homes.

(6) A manufactured home shall have a minimum size of 720 square feet and a minimum width of 12 feet.

(7) No evidence of a manufactured home's trailer hitch or wheels shall be visible once it has been installed.

(8) One or more of the above criteria may be waived where the applicant demonstrates that:

(a) The manufactured home will be effectively screened year-round; or

(b) The installation of the manufactured home will not detract from the existing visual character of the neighborhood.

C. Manufactured home parks standards.

(1) The minimum lot area developed as a manufactured home park shall be 25 acres and no more than 50 acres. The entire parcel must have direct access from a county or state road. No portion of any park shall be within 1/2 mile of another existing or proposed park.

(2) Each manufactured home shall be located on a manufactured home lot, which is a defined area within a manufactured home park surrounding the manufactured home and as shown on a site plan. It shall contain at least 7,500 square feet and be not less than 75 feet wide. Each lot shall have a lot depth of at least 125 feet, a front yard of at least 20 feet, two side yards of at least 15 feet each and a rear yard of at least 35 feet.

(3) Each manufactured home lot will have at least 75 feet of lot frontage on an internal access street and shall gain access therefrom.

(4) The manufactured home park shall be well-drained, have such grades and soil as to make it suitable for the purpose intended and have an adequate stormwater drainage collection, piping and drainage system.

(5) Each manufactured home shall be provided with an adequate concrete or similar type walkway from the parking area to each mobile home. No manufactured home shall be closer than 75 feet to any other manufactured home.

(6) All manufactured homes and any other structures related thereto shall be set back at least 100 feet from the right-of-way of any state or county road and at least 100 feet from perimeter property lines of the manufactured home park.

(7) A manufactured home park shall be provided with two means of access from a public street, each entrance no less than 24 feet in width and paved. Al internal drives shall be paved.

(8) A manufactured home park shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening as approved by the Planning Board, with a minimum of six foot high plantings.

(9) All utilities shall be underground.

(10) Such fire safety standards as shall be appropriate for the development shall be established.

(11) No exterior public address systems are allowed.

(12) There shall be documentation of the availability and adequate capacity of all utility providers to service the park. There shall be adequate groundwater supplies to support the proposed water system without causing a detrimental impact on adjoining water supplies and evidence of this shall be provided and professionally reviewed. Sanitary sewer shall be provided and approved by the applicable review agency.

(13) Adequate provisions shall be made for outside storage space, and these shall not in any way interfere with emergency access.

(14) A centralized area for waste disposal shall be provided, and adequate provisions made to control nuisance situations such as accumulation of unused materials or vehicles.

(15) Recreational facilities sufficient to accommodate the number of dwellings proposed shall be provided. A minimum of 10% of the lot area or 0.5 acre, whichever is less, shall be devoted to this purpose. A manufactured home shall be deemed a dwelling for purposes of recreation fees as per § 156-85.

(16) The management and operations plan for the park shall provide for maintenance of all common facilities and ensure the purposes and requirements of this chapter are met. It shall also provide for limitation of occupancy to manufactured homes meeting U.S. Department of Housing and Urban Development regulations under the Manufactured Housing Act.

(17) The manufactured home park shall be attractively landscaped in accordance with the standards of this zoning chapter. A lighting and landscape plan shall be approved by the Planning Board.

§ 156-36.20 Dwellings above ground floor nonresidential uses.

A. Dwellings are permitted only within the upper stories of a building and not on the ground floor level.

B. Dwellings are permitted in a building that maintains nonresidential uses on the ground floor. In no event shall the ground level space be converted to residential space, and occupancy of the ground floor by nonresidential uses is required in order to maintain occupancy of upper-level dwellings.

C. The maximum residential density shall be eight dwelling units per acre. The residential density shall be calculated on the entire lot area regardless of the amount of lot area devoted to the ground floor nonresidential use(s).

D. The maximum building height shall be three stories.

E. The minimum habitable area of each dwelling shall be 650 square feet and no less than one bedroom shall be provided for each dwelling.

F. Access to the dwelling units shall be from a central hall or halls and dwellings shall have access to the outside of the building distinct and apart from access to nonresidential uses on the ground floor.

G. Nonresidential uses shall be only those uses allowed as permitted uses or special uses within the zoning district in which the project is located. A separate special use permit shall be applied for and obtained for any nonresidential use that so requires a permit.

H. To continue to be a valid special permit use, residential uses shall not be continued in any building not fully occupied by nonresidential uses on the ground floor. The special use shall expire where the ground floor has not been fully occupied by a nonresidential use for a period of one year or longer, after which the residential uses shall be vacated.

I. Parking spaces for dwellings and nonresidential uses shall be provided in accordance with § 156-43 of this zoning chapter.

§ 156-36.21 Multifamily dwellings.

A. Multifamily dwellings are subject to the following:

(1) A multifamily development is allowed on a property of at least 10 acres in the SMR zoning district. The maximum density shall be 10 dwelling units per acre in the SMR zoning district. The minimum habitable area of the dwelling shall be 650 square feet. In the SMR zoning district, the Planning Board may allow multifamily dwellings on a smaller lot, but in no case shall the lot be smaller than five acres.

(2) For each dwelling unit there shall be provided a minimum of two on-site parking spaces as defined in this chapter. However, for multifamily dwellings that are restricted to adults ages 55 and over, there shall be a minimum of 1.5 on-site parking spaces for every dwelling unit.

(3) The building height shall not exceed 35 feet.

(4) Lot coverage shall not exceed 45% except for single-family attached and semiattached dwellings.

(5) There shall be a distance of at least 50 feet between any apartment style buildings.

(6) No building shall exceed a length of 180 feet.

(7) There shall be a perimeter building setback area of at least 100 feet on all sides of the parent lot on which the dwellings are to be located, except in the SMR zone, where the setback shall be 20 feet.

(8) Each single-family attached and semi-attached dwelling shall be located on its own individual lot.

(9) An area not less than 300 square feet per dwelling unit shall be improved with recreational facilities, such as swimming pools, tennis, basketball and other court games, playground or other recreational equipment for the use of the residents of the site and their guests. Such facilities shall not be operated for profit.

(10) In addition to the required 300 square feet per dwelling unit which shall be provided for recreational facilities for use by the residents of the site, the Planning Board shall assess the need for parkland as set forth in § 156-85 of this zoning chapter.

(11) A landscaped buffer area of at least 25 feet in width shall be provided along all property lines and around all parking areas. Such buffer planting shall be maintained at a height of at least six feet to satisfactorily screen the parking area.

(12) No multifamily development shall contain more than 150 dwelling units.

(13) Adequate water supplies shall be made available the entire year for fire protection purposes. These sources may be pressured systems, cisterns or dry hydrants. The quantity available must meet NFPA Standard 1231 entitled "Standard on Water Supplies for Suburban and Rural Fire Fighting," primarily Tables 5-1.1(a) and (b). All water supply distribution points shall be readily accessible and so located that the maximum travel distance for fire-fighting apparatus shall not exceed 1,000 feet from distribution point to farthest delivery point.

§ 156-36.22 Public utility installations.

Public utility installations shall be permitted, provided that:

A. Such uses shall be located, constructed, operated and maintained so as not to endanger the public or surrounding property.

B. Such uses shall be located on a lot of not less than the minimum area and shall adhere to the yard, lot coverage, building height and other relevant requirements of the zone in which it is located.

C. A landscaped buffer area at least 20 feet in width and six feet in height shall be provided and maintained along all property lines to satisfactorily screen public utility substations and any other buildings from surrounding uses of land.

D. One off-street parking space shall be provided for each full-time employee, plus one additional space for each service vehicle, but not less than two.

E. All applications for public utility installations shall be referred to the Environmental Conservation Board, the appropriate local Fire Chief and the Putnam County Health Department for their review and recommendation.

F. A cable television head-end facility shall be permitted on a parcel of land improved with other principal use or uses, provided that such parcel exceeds in area the aggregate area required for all such uses.

G. The Planning Board may waive or modify the requirement of a landscaped buffer area if it determines that the location of the proposed public utility installation will be satisfactorily screened from surrounding uses of land without the requirement of providing and maintaining a landscaped buffer area along all property lines.

H. The Planning Board may require that utility installations be located within a building to minimize the visual impact of any such utility, where appropriate. The Planning Board shall approve the architecture of any such building which shall be guided by the D-O design standards regardless of the zoning district within which the building is located.

§ 156-36.23 Recreation centers.

A. Purpose. It is the specific purpose and intent of this section to develop recreation facilities without the use of public funds, and that can supplement and complement Town and school district facilities and contribute to the quality of life of residents of the Town of Carmel. Furthermore, it is the purpose and intent of this section to enable such applications to be heard and considered within the context of comprehensive planning that embraces the relationship of such facilities to surrounding properties, traffic conditions and environmental factors so as to protect and preserve property values, to ensure healthy and safe living conditions for individuals and to have more effective regulation and control of Town growth and development.

B. Standards. The following standards shall be met:

(1) The site shall have a minimum area of 20 acres.

(2) The site shall have a minimum frontage of 200 feet on a county, state or Town street.

(3) Lot coverage shall not exceed 25%.

(4) Buildings up to 25 feet in building height and two stories shall be set back a minimum of 40 feet from any property line.

(5) Outdoor fields and parking areas shall be set back a minimum of 50 feet from all side and rear property lines and lighting, if installed, shall be situated so as not to illuminate across property lines onto adjoining parcels of land.

(6) All side and rear yards shall be provided with a suitable planting screen or fence of at least six feet in height and 20 feet in width and shall be appropriately landscaped and maintained. A natural buffer of at least 30 feet in width shall be provided along the street line, except where the Planning Board determines that the intent of the screening requirement is met by natural vegetation which shall be preserved for the life of the use.

(7) The placement and use of outdoor fields, outdoor lighting and parking areas shall be limited by the location on the lot, screening and/or buffering and location of adjacent residential development(s) and based on an evaluation of compatibility with and potential impact on adjacent property uses.

(8) The scale and maximum occupancy of meeting and exhibition space if provided in the center shall be limited by traffic impacts of public roads to be used for access, parking requirements and lot coverage.

(9) Minimum parking spaces to be provided shall be calculated based on the most intense proposed use of each of the facilities at any one time.

§ 156-36.24 Resort.

A. One or more principal buildings are permitted on a lot.

B. Retail, office, or personal service business uses are permitted and shall clearly be accessory and incidental to the resort, shall be conducted in a principal building within which the guest sleeping rooms are situated, and shall not exceed 10% of the gross floor area of all principal buildings. Conference and meeting rooms are also permitted and shall occupy no more than 50% of the gross floor area of all principal building(s) of the resort.

C. The minimum lot area shall be 20 acres for the first guest sleeping room, and one guest sleeping room for every 5,000 square feet of lot area thereafter.

D. Accessory structures shall be set back 50 feet from any lot line. Outdoor recreation uses shall be set back 50 feet from any lot line, except that walking trails shall be located no less than 25% from any property line unless said trail is connected to another trail located offsite, wherein no setback is required to achieve the connection. The Planning Board may require that notices be placed at the property boundary lines to ensure no off-site trespass occurs.

E. Parking. The minimum parking requirements are as follows:

(1) For each guest sleeping room: one parking space.

(2) For each 50 square feet of dining area: one parking space.

(3) For each two seats in meeting rooms or group assembly areas: one parking space.

(4) For each 300 square feet of retail, office, or personal-service use: one parking space.

(5) No loading, truck parking, trash containers or outdoor storage area shall be located within 100 feet of an adjacent residential zone. All such areas shall provide visual and noise screening to minimize impacts on adjacent residential property.

(6) Signs.

(a) One identification sign is permitted at each entrance from the street. The maximum height shall be six feet and the maximum sign area shall not exceed 16 square feet per sign face.

(7) Recreational vehicles and tents. Recreational vehicles, which may include travel trailers, camper trailers, motor homes and tents, are permitted accessory to a resort within a defined portion of the site. The number of recreational vehicles shall not exceed 25% of the total number of guest rooms in the resort lodge, except that the Planning Board, in its discretion, may allow additional recreational vehicles where it finds the property is sufficiently large to accommodate same, and further provided that in no event shall the total exceed 40% of all guest rooms. The following additional standards shall apply:

(a) The area shall be offered on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.

(b) Individual plots where a recreational vehicle or tent is allowed shall be separated from principal buildings by a minimum distance of 100 feet. No recreational vehicle or tent platforms shall be located closer than 50 feet to the street right-of-way or any adjacent property line. Each recreational vehicle or tent shall have a dedicated area to accommodate same of 300 square feet.

(c) No less than one off-street parking space shall be provided on each plot, in addition to the site area provided on each lot for placement of the recreational vehicle or tent.

(d) All driveways shall be cleared, graded and improved to a 12-foot width for one-way traffic and 24-foot width for two-way traffic. Such driveways shall be improved to a year-round passable condition and include periodic speed bumps on each major tangent section to reduce speed.

(e) The application shall demonstrate adequate water supply and wastewater capacity, and shall obtain all permits and approvals by local, county, and/or state agencies.

(f) No less than 20% of the gross site area of the recreational vehicle area shall be set aside and developed as common use areas for open and enclosed recreational facilities. No recreational vehicle site, required buffer strip, street right-of-way, cartway, storage area or utility site shall be counted as meeting this requirement.

(g) No parking, loading, or maneuvering incidental to parking or loading shall be permitted in connection with the recreational vehicle area on any public street, sidewalk, required buffer, right-of-way or any public grounds.

(h) The recreational vehicle area shall be used only for transient camping purposes. No improvement or living unit designed for permanent occupancy shall be erected. All recreational vehicles in the development shall be maintained in a transportable condition at all times, and meet all requirements that may be imposed by the State of New York. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is hereby prohibited. Camping space shall be rented by the day, week or season or may be leased or purchased. No campground or RV area, except as provided above, shall be the primary and principal residence of the occupant, each campground or RV park lot to be used and occupied (excepting for occasional guests) for camping and recreational purposes only by a single household.

(i) The management of the resort shall be responsible for maintaining accurate records concerning the occupancy of all recreational vehicle and tent areas.

(j) No portable toilets shall be erected or maintained. Plumbing fixtures within any recreational vehicles placed upon lots in the campground or RV park shall be connected to the sewage disposal system for the development. Sanitary facilities, including toilets and showers, shall be provided in separate buildings located in the resort's principal buildings.

(k) No noxious or offensive activities or nuisances shall be permitted. Such nuisances shall include, but not be limited to, noise which exceeds the limitations set forth herein; uncontrolled fires or repeated burning (except for campfires) which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the development.

(l) No animals shall be kept or maintained in any resort, except that the Planning Board may allow pets as part of any RV area. Appropriate waste disposal shall be provided.

(m) No person shall burn trash, garbage or other like refuse. All such refuse shall be placed and kept in airtight receptacles. No owner or occupant shall permit the accumulation of litter or refuse or junk vehicles.

(n) Picnic tables, benches, storage sheds, fireboxes or fireplaces and similar items of personal property may be placed within an RV area. All personal property on a campground or RV lot shall be maintained in good condition so as not to become unsightly.

(o) No recreation vehicle shall be parked on any street or road within the resort.

(p) Potable water drinking supplies shall be provided within 300 feet of each RV lot and be operational during any period of occupancy.

(q) Every RV area shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access.

(r) No loudspeaker or amplifying device shall be permitted in connection with any camp, campground, RV park or other use which can be heard beyond the bounds of the property lot where the use is located.

§ 156-36.25 (Reserved)

§ 156-36.26 Senior citizen multifamily dwellings.

A. Special use permit authorized. A special use permit may be granted by the Planning Board of the Town of Carmel for a senior citizen housing development subject to the provisions of this section. The applicant shall submit a recent (no earlier than 12 months from the date of application) market study indicating there are a sufficient number of senior households that would occupy the proposed number of housing units in the proposed price range (either purchase or rental) to assist the Planning Board in its review of the feasibility of the proposed project.

B. Standards for issuance of special use permit. To be considered for issuance of a special use permit, a building site must meet the following criteria, which shall be considered continuing conditions if and when a special use permit is issued:

(1) The minimum lot size shall be five acres.

(2) The site shall have a minimum frontage of 150 feet on a county, state or Town road.

(3) The site shall be served by central water and central sewer.

(4) A maximum of eight dwelling units per acre shall be permitted.

(5) No multifamily senior citizen housing site shall contain more than 150 dwelling units, and coverage of the lot by buildings shall not exceed 35%.

(6) All buildings shall be set back a minimum of 40 feet from any front property line.

(7) No building shall exceed 40 feet in height, and all buildings shall not exceed two stories.

(8) All buildings shall contain an elevator unless access to each apartment is at grade level, or they are one story only.

(9) All buildings shall contain a fire suppression system.

(10) A minimum of 300 square feet of recreation space, which shall include a community room, shall be provided for each dwelling unit.

(11) A minimum of 1.5 on-site parking spaces shall be provided for each dwelling unit (rounded up to next whole space), and handicapped parking spaces shall be provided in accordance with § 156-43 of the zoning chapter.

(12) All units must be occupied exclusively by persons 55 years of age or older, and the spouse of any such person and/or the adult-dependent handicapped or disabled child of any such person.

(13) A minimum of 650 square feet shall be provided for one-bedroom apartments. The maximum number of bedrooms or potential bedrooms in an apartment/dwelling unit shall be three.

(14) The site shall be on a road that has a public bus route or within 500 feet of a road that has a public bus route.

(15) The site shall be within 2,500 feet of retail and service establishments at the time of its approval.

(16) Washing machines and clothes dryers shall be located either in individual apartments/dwelling units or in a common laundry room in each building.

(17) All requirements of the New York State Uniform Fire Prevention and Building Code and all applicable state, county and Town regulations shall be met. In addition, the design and construction of all units shall provide:

(a) Soundproofing having a rating of 45 dBA.

(b) Ramps not exceeding a grade of 7%.

(c) Exterior steps in groups of three.

(d) Windows with a doorstop and of sufficient size, as required by the provisions of the New York State Uniform Fire Prevention and Building Code, to provide for emergency rescue, if necessary.

(e) Doorways at least 36 inches wide.

(f) Master keys for common entrance doors to apartment buildings (not individual apartments).

(g) All outside doors, not containing windows, shall be equipped with peepholes.

(h) Buzzer alarms located near the bed and bathtub for emergency use.

(i) Bathrooms shall be equipped with doors that swing both inward and outward for emergency access.

§ 156-36.27 Smoke and/or vape shops.

A. Except for smoke and/or vape shops legally in existence as nonconforming uses as of the effective date of this chapter, a smoke and/or vape shop is prohibited in the Town of Carmel.

B. Upon a finding of a violation of any provision of NY Penal Law Section 222 or any regulations promulgated and enforced by the New York State Office of Cannabis Management, by the NY Cannabis Control Board, the Office of Cannabis Management or any Court of competent jurisdiction, the Building Inspector shall revoke any existing certificate of occupancy previously issued for any facility existing prior to the enactment of this chapter.

§ 156-36.28 Veterinary hospital; animal kennels.

A. In considering the application for a special permit for a kennel or veterinary hospital, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect adjoining uses, and safety of the animals sheltered to ensure the health, safety and general welfare of the community.

B. Animal waste shall be disposed of in a manner acceptable to the Putnam County and/or New York State Department of Health.

C. Land burial of animals in association with a kennel or veterinary hospital shall be prohibited.

D. The minimum lot area shall be two acres.

E. All outdoor facilities associated directly with the kennel or veterinary hospital shall be set back a minimum of 100 feet from any property line.

F. The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses, which may include the use of soundproofing.

G. The Planning Board may require screening of outdoor runs from view.

§ 156-36.29 Contractor establishment.

A. The minimum lot area shall be three acres.

B. The minimum building footprint for any building shall be 1,000 square feet.

C. All buildings and storage areas must be a minimum of 40 feet from all property lines adjoining the commercial zoning district(s) and shall be 75 ft from all property lines adjoining residential zoning district(s) and shall be buffered by a living fence of not less than 10 feet deep and 10 feet high. If the Planning Board determines that the living fence is not adequate to screen views of the storage area, an additional six-foot high fully opaque fence may be required by the Planning Board, in addition to the living fence.

D. Only vehicles, machines, plants, trees and construction materials shall be stored outside the building. Outdoor storage of materials shall be approved by the Planning Board as part of the special use permit, and the applicant shall be required to document what materials shall be stored outdoors. Any substantial changes to the storage must be approved by the Planning Board prior to making the change(s).

E. Processing organic or inorganic materials, including rock crushing, mulching or soil screening is allowed only if approval is granted by the Planning Board.

F. The outdoor storage area must not exceed two times the area of the office/storage building.

G. The maximum height of any storage shall not exceed 15 feet and shall be setback from the fence so as not to be visible from any public street or adjacent residential lot.

H. A bathroom facility shall be provided in the building.

I. As part of the special use permit application, the Planning Board shall review impacts associated noise and lighting and may impose limitations on the hours of operation to ensure that the use does not exceed noise standards and is not impactful to the surrounding environs.

§ 156-36.30 Data centers.

A. The minimum lot area shall be five acres.

B. The minimum building area shall be 5,000 square feet.

C. The installation of Rooftop Solar and/or Battery Energy Storage Systems shall comply with § 156-25.

D. All parking shall be located in the rear of the building unless the building is set back 100 ft. from the road and screened so the parking area is not visible.

§ 156-37 through 156-39. (Reserved)