The regulations prescribed for each of the districts listed in Article I, § 156-3, are listed on the accompanying schedule entitled "Schedule of District Regulations," which schedule is hereby adopted and made a part of this chapter.[1] Said schedule may be amended in the same manner as any
other part of this chapter.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
In addition to uses specifically prohibited
by this chapter and the schedule referred to herein, no building,
structure or land shall be used, nor shall any building, structure
or part thereof be constructed or altered, nor shall any use of land
be changed, where said use, construction or alteration of land, structure
or building is intended, arranged or designed to be used in whole
or in part for any use or purpose except the uses specifically allowed
by right or conditional use for each district in the Schedule of District
Regulations. The omission of any use or type of use from said schedule
shall be deemed to be an exclusion thereof from all districts.
A.
Farms, truck gardens, nurseries and other agricultural
activities shall be permitted as principal uses, provided that:
(1)
The site size shall be at least five acres.
(2)
No building or structure used for any of the above
purposes shall be located closer than 100 feet to any property line.
Pens or buildings housing animals or runs shall be located a minimum
150 feet from any property lines.
(3)
The total floor area of all buildings used for such
purposes shall not exceed 5% of the lot area. No single building shall
have a total floor area in excess of 5,000 square feet or a length
greater than 200 feet, except that the floor area may be increased
to 10,000 square feet if the building is set back at least 200 feet
from all property lines. Buildings shall be erected at least 30 feet
apart.
(4)
No storage of manure or other odor- or dust-producing
substance shall be permitted within 200 feet of any property line.
B.
The provisions of this chapter shall not apply to
the operation of a private, noncommercial garden or greenhouse in
which produce is raised for personal use.
C.
The keeping of farm animals shall be permitted, provided
that said animals are limited to those traditionally found on a farm,
such as cows, pigs, horses, sheep, goats and poultry. Such traditional
farm animals shall not be considered household pets.
Home occupations, as defined in this chapter,
shall be permitted as conditional uses, provided that:
A.
Such uses are confined to not more than 25% of the
habitable floor area of one floor of the principal structure, which
use and structure in which it is located shall also conform to all
other applicable zoning requirements, including lot coverage, yards,
building height and any other municipal regulations.
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 after 9:00 p.m.
D.
No mechanical equipment shall be used other than that
which is customary for domestic or household purposes.
E.
No signs identifying the home occupation shall be
permitted.
[Amended 7-2-2008 by L.L. No. 2-2008; 8-7-2013 by L.L. No.
4-2013]
Private swimming pools and tennis courts for use by the residents
and their guests on the premises shall be permitted, provided that:
A.
Said pools or tennis courts and all appurtenances thereto shall not
be located in the front setback area of the lot or within 10 feet
of any property line.
B.
All private swimming pools shall be fully enclosed by a fence or
wall in compliance with the New York State Building Code.
C.
A fence around a tennis court shall not exceed 10 feet in height.
Said fence must be an "open air" fence.
Fences or walls shall be permitted in a residential
district, provided that no fence or wall shall exceed four feet in
height in any front yard or side yard in front of the building line
or six feet in height in any rear yard or side yard in back of the
building line. Hedges, plantings and other living fences shall be
considered as fences if placed on the site for such purpose. Further,
no fence or wall shall be erected which is embedded with or made of
pieces of glass, sharpened metal or sharp or otherwise hazardous material.
A.
Offices of a professional in a residence shall be
permitted, provided that:
(1)
Such uses are confined to not more than 25% of the
habitable floor area of the principal structure.
(2)
One sign indicating the professional office shall
be permitted and shall have an area not greater than two square feet.
(3)
Not more than two persons shall be employed in said
use, one of whom must be a resident of the premises.
(4)
Off-street parking shall be provided as required in the schedule of off-street parking requirements, § 156-42.
(5)
No overnight patients are permitted.
B.
Professions permitted to maintain office space pursuant
to this section shall be restricted to the following: architecture,
attorneys licensed by the State of New York, audiology, accounting,
chiropractry, dentistry, engineering, land surveying, medicine, optometry
(which may include ophthalmic dispensing), podiatry, psychology, social
work and speech pathology.
Farm stands or markets shall be permitted, provided
that:
A.
The total floor area of a roadside stand for the retail
sale of produce shall not exceed 400 square feet, and its height shall
not exceed 15 feet.
B.
Off-street parking space for at least three motor
vehicles shall be provided in front of the roadside stand, located
in such a manner that clear visibility is available to permit safe
ingress and egress. The parking area shall be permanently improved
and shall be so located and arranged that vehicles will not be required
to back into any highway.
Private schools and other institutions of higher
learning shall be permitted as conditional uses, 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 State Department of Education if a license for its
operation is required by law.
C.
No school permitted hereunder shall be a trade 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 100 pupils.
E.
A minimum of 10 parking spaces, plus three spaces
per classroom shall be required for those schools with pupils of elementary
and junior high school age. Schools with pupils of at least high school
age shall provide at least 20 parking spaces, plus five per classroom.
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 eighteen-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 1.7 square feet of water surface area for each member household
expected to use such facilities. A twenty-five-meter pool shall have
a minimum width of 45 feet, and a fifty-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 four 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 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.
[Amended 7-2-2008 by L.L. No. 2-2008]
Private stables shall be permitted, provided
that they are on a lot no smaller than four acres, with at least 20,000
square feet set aside and securely fenced for one horse, plus an additional
1/2 acre increase in site size per each additional horse, with at
least 10,000 square feet set aside and securely fenced for each additional
horse, with a limit of five horses, provided that all applicable standards
set forth in this chapter for farms are met, and provided that there
shall be no dwelling units in the same building in which horses are
housed. The buildings in which horses are to be stabled shall be of
a design to provide ventilation, light and drainage.
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 2,000 square
feet of site area, with a maximum of 400 campers permitted at any
camp.
B.
No building or structures shall be located closer
than 150 feet to any property line.
C.
Outdoor recreation areas, including picnic areas,
shall be located a minimum of 50 feet from any property line.
[Amended 8-7-2013 by L.L. No. 4-2013]
A private beach, wharf, dock, boathouse or bathhouse shall be
permitted, provided that:
A.
A private beach, wharf, dock, boathouse or bathhouse, when not located
on a parcel improved by at least one residential dwelling unit, shall
require minimum lake frontage of at least 50 feet, a minimum mean
depth of at least 30 feet and a minimum area of at least 3,000 square
feet.
B.
The use of the site shall be limited to the owner or lessee and the
immediate family or bona fide guests of such owner or lessee of the
parcel.
C.
No boathouse, wharf or dock, or such similar improvement, which is
physically attached to any lakefront property shall extend into or
over the surface of any lake for a distance of more than 25 feet from
the high-water mark. Boathouses shall not exceed 10 feet in height.
A side yard of at least 15 feet shall be provided adjoining a boathouse.
D.
No bathhouse shall be designed and/or used for cooking, sleeping
or other functions generally occurring in a dwelling, and it shall
be erected at least 15 feet from any property line. Such bathhouse
shall be no more than 10 feet in height and may be equipped with appropriate
sanitary facilities approved by the County of Putnam and subject to
any other standards of the Town's Environmental Conservation Board.
E.
One off-street parking space shall be provided for each 750 square
feet of lot area or major portion thereof for any parcel not improved
by at least one residential dwelling unit.
F.
Fencing or screening of any such parcel shall not exceed four feet
in height.
A.
In R Residential Zones, multifamily developments and
their on-site accessory uses for parking and recreation shall be permitted
as a garden apartment design or townhouse design, provided that:
(1)
The site of the development shall be at least 10 acres.
(2)
The maximum permitted density shall not exceed five
units per acre in a R-MF and 3.4 units per acre in an R-MFA Zone.
(3)
For each housing unit there shall be provided a minimum
of two on-site parking spaces as defined in this chapter. However,
for multifamily developments (nonapartment) that are designated for
occupancy by the elderly exclusively, there shall be a minimum of
1.5 on-site parking spaces for every dwelling unit. No parking space
shall be located in a front setback area or within 10 feet of any
side or rear lot line.
[Amended 5-31-1984; 10-21-1998 by L.L. No. 9-1998; 9-20-2006 by L.L. No. 5-2006]
(4)
The building height shall not exceed 35 feet.
(5)
Coverage of the lot by buildings shall not exceed
30%.
(6)
There shall be a distance of at least 50 feet between
all buildings.
[Amended 12-18-1985]
(7)
No building shall exceed a length of 200 feet.
(8)
There shall be a perimeter building setback area of
at least 100 feet on all sides of the site.
(9)
A total of 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 applicant shall pay to the
Town of Carmel an amount to be established annually by the Town Board
and on file in the office of the Town Clerk, for each dwelling unit
shown on the site plan prior to the issuance of the certificate of
occupancy. This amount shall constitute a trust fund to be used by
the Town exclusively for park, playground or other recreational purposes,
including the acquisition of property.
[Amended 11-26-1986]
(11)
A landscaped buffer area of at least 10 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 four feet to satisfactorily screen the parking area.
(12)
No multifamily development in a R District 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.
[Added 12-18-1985]
B.
An existing dwelling in an R Zone may be converted
to multifamily use, provided that:
(1)
The building has a total floor area of at least 2,000
square feet.
(2)
Each dwelling unit in the building shall have at least
500 square feet of floor area.
(3)
The site is at least 20,000 square feet.
(4)
At least one parking space, as defined in this chapter,
shall be provided for each dwelling unit.
(5)
The building shall comply with all applicable fire
and building codes.
(6)
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.
[Added 12-18-1985]
C.
Office facilities specifically designed for use by
the medical profession shall be permitted in the R Residential Zone
located at Drewville Road and Stoneleigh Avenue.
[Amended 3-20-2002 by L.L. No. 1-2002]
New and used car lots shall be permitted, provided
that:
A.
No automobile shall be stored or displayed nearer
to the street line right-of-way than eight feet.
[Amended 4-22-1992 by L.L. No. 3-1992]
B.
There shall be an eight-foot buffer in the front of
the site and five feet on the rear and sides. The balance of the site
may be used for the outdoor display or storage of vehicles subject
to compliance with all other site plan regulations.
[Amended 4-22-1992 by L.L. No. 3-1992]
C.
Repair work, storage and sale of auto parts and accessories
shall be conducted in a fully enclosed structure.
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 adjoining
residential buildings and zones. The buffer strip shall be densely
planted perennials and shall be specified according to type upon submission
of a plan.
[Amended 9-22-1982; 6-5-1996 by L.L. No. 3-1996; 3-20-2002 by L.L. No. 1-2002]
Automobile services stations, repair garages
(exclusive of body work) and auto body shops existing as of July 7,
1982, shall be permitted, provided they meet the conditions contained
in Subsections A to H hereafter. In addition, new automobile services
stations shall be permitted in any C Commercial Zone which is located
on Route 6N from its intersection with Hill Street and extending along
Route 6N in a generally northerly and westerly direction to the Westchester
County line, provided they meet the conditions contained in Subsections
A to H hereafter.
A.
The lot shall have an area of at least 20,000 square
feet.
B.
No service station shall be permitted within a radius
of 1,000 feet of another gasoline 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 10 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.
D.
For all uses, no auto repair work shall be performed in the open, 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. For auto body shops existing as of July 7, 1982, not more than one motor vehicle for every 1,500 square feet of lot area shall be stored outside at any time. The regulations of § 156-14 pertaining to buffering required for nonresidential uses of land shall also apply.
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 25 feet
from any street right-of-way line.
G.
Under no circumstances shall a portion of the site
be used as a junkyard, as defined in this chapter.
H.
Screening, in the form of a fence, wall or perennial
plants and shrubs at least six feet in height and for a depth of 10
feet shall be provided to effectively screen all exterior automobile
storage and other storage areas of automobile service stations, repair
garages and auto body shops. The Town of Carmel shall require all
existing automobile service stations and repair garages to submit
a landscape screening plan to the Planning Board within 18 months
of the date of adoption of this chapter. The applicant shall be required
to comply with said plan within one year of its approval. Where this
provision creates undue hardship or difficulty, the Zoning Board of
Appeals is empowered to grant relief from said provision. An applicant's
basis for relief from this provision shall be restricted to an inability
to meet the established timing compliance deadlines or an inability
to provide the necessary screening on the site due to specific physical
features on the site which make compliance unfeasible.
A.
Fast-food restaurants shall be permitted as conditional
uses of land, provided that:
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.
Designed shopping centers shall be permitted,
provided that:
A.
Said shopping center plan, including its accessory
on-site parking and loading facilities, access- and entranceways,
landscaping and other elements of the plan, shall be as one comprehensive
design showing the total concept, especially total floor area of buildings,
rather than a stage or stages with undefined future expansion areas.
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 radius of 1.5 miles, the site shall be a minimum
of five acres in size. 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 three-and-five-tenths-mile radius, the site
shall be a minimum of 25 acres in size. For a regional-type shopping
center which generally requires a market of at least 150,000 persons
and draws its clientele from a twenty-minute-driving-time radius and
up to a fifteen-mile radius, the site shall be at least 50 acres in
size.
E.
Any site plan for a shopping center submitted for
review shall contain detailed design proposals of the applicant's
method of connecting the shopping center with existing highways or
streets. The Planning Board may request, at the expense of the applicant,
a study by a qualified traffic specialist to demonstrate that traffic
generated by the shopping center will not affect the existing street
system with a negative impact.
F.
A marketability 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 a market for a shopping center of this size and floor
area.
[Amended 7-2-2008 by L.L. No. 2-2008]
Light manufacturing, converting, processing,
altering, assembly, finishing, printing or other handling of materials
or products and self-storage warehouses shall be permitted, provided
that:
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 § 156-44, Industrial performance standards, for particular standards.)
C.
All applications submitted in connection with this
chapter shall conform to the requirements of the State Environmental
Quality Review Act (SEQR Part 617), adopted January 24, 1978, which
Act relates to the need for environmental reviews and the state and
local wetlands regulations, where applicable. If necessary, an environmental
reviews and the state and local wetlands regulations, where applicable.
If necessary, an environmental impact statement shall be prepared
relative to a proposed use or action.
D.
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 shall be permitted
within the office area. The following are also prohibited: auctions,
garage sales, 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. 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.
E.
Where the lot is adjacent to a residential area, screening
shall be provided as in the C/BP District.
F.
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. However,
access and lighting shall not be permitted on a side facing a residential
area unless a sufficiently high landscaped berm can be provided to
completely shield the building and lighting from residences.
G.
Off-street parking shall be provided, and there shall
be one parking space per 10,000 square feet of storage area. In addition,
the owner shall submit a plan which establishes that in the event
of a change of use of the site from self-storage to a permitted use,
provision can be made for parking at a ration of one space for every
1,000 square feet of building which parking shall be shown on both
the areas the owner intends to pave as well as on areas not paved.
[Amended 3-20-2002 by L.L. No. 1-2002]
The Conservation District boundaries shown on the accompanying Zoning Map are the flood hazard areas that were delineated by the Federal Department of Housing and Urban Development for the National Flood Insurance Program, which was enacted in 1968 to protect house buyers who qualify for insurance. It has been recognized that those boundaries were prepared at a broad scale and are tentative and therefore subject to refinement. Until such more detailed maps, which may adjust the Department of Housing and Urban Development's flood hazard delineations or add others, are made available, the following conditions shall apply in this district:
A.
No principal building shall be permitted by right.
B.
Approval of any building, structure or use shall be
as a conditional use by the Planning Board after the applicant has
received approval from the Department of Environmental Conservation
or other state or local agencies having jurisdiction over this matter
at the time the application will be considered by the Town of Carmel.
The construction of a single-family dwelling, permitted as a conditional
use, shall be in accordance with the district regulations of the R
Residential Zone. Such construction shall have the lowest floor, including
basement, elevated to or above the base flood elevation.
C.
In the absence of detailed maps delineating the flood
hazard area by elevation, an applicant shall apply to the Department
of Environmental Conservation or other state or local agency having
jurisdiction over the delineation of the location of the flood hazard
boundary.
[Amended 12-28-2005 by L.L. No. 4-2005]
Hotel-health spas are permitted by special permit,
provided that:
A.
The site is at least five acres, with a minimum frontage
of 400 feet on a state, county or Town road.
B.
There shall be no more than one guest room for each
1,800 square feet of lot area.
C.
Permitted uses accessory to the hotel-health spa include
recreation uses, including court games, pools, restaurant/cocktail
lounge, conference rooms, ball rooms; office of no more than doctor
and/or physical therapist, provided that the floor area is not more
than 1,000 square feet.
D.
Guest rooms may provide for kitchen facilities, provided
the area designated for such use shall not exceed 100 square feet
of total room area and the kitchen facility may not be located in
a separate room.
E.
All rooms shall be furnished by the hotel operator.
No furniture may be added or provided by any guest.
F.
The site shall be served by municipal water and municipal
sewer, which shall have been in existence at the time of the adoption
of this section.
Multifamily dwellings on Lake Mahopac waterfront
are permitted, provided that:
A.
A site for resort - residential use shall be a minimum
of 2.5 acres in size with contiguous frontage of at least 300 feet
on Lake Mahopac.
[Amended 7-2-2008 by L.L. No. 2-2008]
B.
A maximum of 28 dwelling units per acre shall be permitted,
provided that there shall be at least:
[Amended 7-2-2008 by L.L. No. 2-2008]
(1)
One thousand two hundred square feet of gross lot
area for each dwelling unit containing no more than one habitable
room.
(2)
One thousand five hundred square feet of gross lot
area for each dwelling unit containing no more than two habitable
rooms.
(3)
Two thousand square feet of gross lot area for each
dwelling unit containing no more than three habitable rooms, which
is the maximum number permitted in a development.
C.
A minimum of 200 square feet of usable open space per dwelling unit shall be provided, none of which shall be below the level of the top of the principal spillway of the Mahopac Dam. In addition, the recreation fee provisions of § 156-28A(10) shall apply.
D.
A landscaped buffer area of at least 10 feet in width
shall be provided along all property lines, except the lake frontage,
and around all parking areas. Such buffer planting shall be maintained
at a height of at least four feet to satisfactorily screen the parking
area.
E.
Accessory uses.
(1)
Accessory uses shall be limited to swimming pools
and cabanas, restaurant - coffee shops, tennis and other court games
and facilities for water-based sports utilizing the lake frontage,
such as boating, waterskiing, and similar uses. The following accessory
uses shall be provided at a minimum:
(2)
All recreational uses shall be for the exclusive use
of the resort-residence's occupants and guests and shall not be available
for public use either on a daily or membership basis.
F.
A minimum of 1.5 parking spaces per dwelling unit,
plus one loading space per building shall be provided.
G.
The site shall be connected to public sewerage facilities.
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 10 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.
[Added 11-30-1983]
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.
[Added 11-30-1983]
[Added 9-22-1982]
Nursery schools and day nurseries shall be permitted
as principal uses, provided that:
A.
The site on which a nursery school or day nursery,
as defined in this chapter, is operated shall be at least one acre
in area.
B.
There shall be not more than one pupil for each 750
square feet of lot area and a total of not more than 100 pupils.
[Amended 7-15-1998 by L.L. No. 5-1998]
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
rear or side yards at least 50 feet from any lot line and at least
60 feet from residential structures on adjacent properties. The outdoor
play area shall be screened with a fence not to exceed six feet in
height to protect the school children and to avoid any nuisance to
adjoining properties. Hedges, plantings and other living fences shall
be considered as fences if placed on the site for such 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, with separate facilities for boys and girls.
E.
There shall be provided one off-street parking space
for each teacher and staff member and one space for every 10 pupils.
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 screened by a fence or hedge at least four feet in
height.
F.
One identification sign, not to exceed two square feet in area, shall be permitted in accordance with the provisions of § 156-41 of this chapter pertaining to signs.
G.
The nursery school or day nursery shall be licensed
by either the State Department of Education or the State Department
of Social Services, if a license for its operation is required by
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 on an annual basis.
[Added 5-31-1984; amended 10-21-1998 by L.L. No. 9-1998[1]; 3-20-2002 by L.L. No. 1-2002; 7-10-2002 by L.L. No. 2-2002; 9-20-2006 by L.L. No. 5-2006]
A.
Special exception use permit authorized. A special
exception use permit may be granted by the Planning Board of the Town
of Carmel for 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 survey 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.
Conditions for issuance of special exception use permit.
In order to be considered for issuance of a special exception use
permit, a building site must meet the following criteria, which shall
be considered continuing conditions if and when a special exception
use permit is issued:
(1)
If the subject property is situated in a C or C/BP
Zone, it shall be contiguous to a residential zone. For purposes of
determining contiguity under this provision, public roads shall not
be deemed to break contiguity in determining whether a parcel is contiguous
to a residential zone.
(2)
The site shall have a minimum area of five (true,
not nominal) acres.
(3)
The site shall have a minimum frontage of 125 feet
on a county or state street or highway or Town road.
(4)
The site shall be served by municipal or community
water and municipal or community sewer.
(5)
A maximum of eight dwelling units per acre shall be
permitted.
(6)
No multifamily senior citizen housing site shall contain
more than 150 dwelling units, and coverage of the lot by buildings
shall not exceed 35%.
(7)
All buildings shall be set back a minimum of 40 feet
from any front property line.
(8)
No building shall exceed 40 feet in height, and all
buildings shall not exceed two stories above the ground.
(9)
All buildings shall contain an elevator unless access
to each apartment is at grade level or they are one story only.
(10)
All buildings shall contain a fire suppression
system.
(11)
A minimum of 300 square feet of recreation space,
which shall include a community room, shall be provided for each dwelling
unit.
(12)
A minimum of 1.5 on-site parking spaces shall be provided for each dwelling unit (rounded up to next whole integer), and handicapped parking spaces shall be provided in accordance with § 156-42A(9) of the Zoning Code.
(13)
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.
(14)
A minimum of 475 square feet shall be provided
for efficiency (studio) apartments, and a minimum of 600 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.
(15)
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.
(16)
The site shall be within 2,500 feet of retail
and service establishments at the time of its approval.
(17)
Washing machines and clothes dryers shall be
located either in individual apartments/dwelling units or in a common
laundry room in each building.
(18)
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 db's.
(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.
[1]
Editor's Note: Section 7 of this local law
provided as follows: "All site plan applications filed with the Planning
Board on or before July 1, 1998 for approval of senior citizen housing
under the sections of the Town Code amended by this local law shall
be processed under the sections of the Code as they read prior to
the enactment of this law. Furthermore, this local law shall not apply
to any existing sites for senior citizen housing that have already
received site plan approval from the Planning Board of the Town of
Carmel or for which a building permit and/or a renewal(s) thereof
have been issued."
[Added 6-3-1992 by L.L. No. 4-1992]
The erection or maintenance of any tent is prohibited,
except in accordance with the following:
A.
In a residential zone, a tent or other temporary structure
may be erected on residential property for private use by the property
owner for weddings and the like for a period not to exceed 72 hours
by obtaining a temporary permit from the Building Inspector. There
shall be a limit of two temporary permits per property per year. The
Building Inspector, when issuing such temporary permit, shall charge
and collect a fee therefore. Such fee shall be established annually
by the Town Board and shall be on file in the office of the Town Clerk.
B.
Tents in the C Commercial and C/BP Commercial/Business
Park Zones shall be erected or maintained upon the obtaining of a
temporary permit from the Building Inspector. The temporary permit
shall be issued provided that all of the following conditions are
met:
[Amended 3-20-2002 by L.L. No. 1-2002]
(1)
The erection and construction of the tent meets
all the applicable requirements of the New York State Uniform Fire
Prevention and Building Code and the tent is certified as meeting
the California Flame Retardant Fire Safety Standards for Fabrics and/or
the National Fire Protection Association Flame Resistant Fire Safety
Standards for Textiles.
(2)
The location and size of the tent use shall
be of such character that, in the determination of the Building Inspector,
it will be in harmony with the existing development of the district
in which it is proposed to be situated and will not be detrimental
or obnoxious to adjacent properties in accordance with the zoning
classification of such properties, as set forth in the Zoning Chapter
of the Town of Carmel.
(3)
The location and size of the tent, 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, in the determination of the Building Inspector, both
pedestrian and vehicular traffic to and from the use and the assembly
of persons in connection therewith will not be hazardous or inconvenient
to persons using or passing by the premises or conflict with the normal
traffic of the surrounding area.
(4)
A tent may be maintained or erected for a period
of time not exceeding 10 days from the date of erection specified
in the temporary permit. Temporary permits are limited to no more
than four permits per year and only one temporary permit may be issued
in a thirty-day period.
(5)
The Building Inspector, when issuing such temporary
permit, shall charge and collect a fee therefore. Such fee shall be
established annually by the Town Board and shall be on file in the
office of the Town Clerk.
(6)
The Building Inspector, when issuing such temporary
permit, shall collect a security deposit in the form of cash to insure
the removal of said tent at the end of the temporary permit. The amount
of said deposit shall be established annually by the Town Board and
shall be on file in the office of the Town Clerk. The security deposit
collected hereunder by the Building Inspector shall be forwarded to
the appropriate person in the Town for deposit in the Town's Trust
and Agency Funds. Upon the proper removal of the tent by the permit
holder, in accordance with the temporary permit, the Town shall refund
said security deposit. In the event the permit holder fails to remove
the tent at the expiration of the temporary permit, then the Building
Inspector is authorized to effect said removal and to charge the cost
of said removal plus an administrative fee against the security deposit.
C.
A tent covering not more than 100 square feet of ground
area and used as a cemetery canopy or a house of worship canopy or
used for recreational purposes shall be permitted and shall not be
subject to this section.
[Added 11-7-2001 by L.L. No. 5-2001; amended 3-20-2002 by L.L. No. 1-2002]
Day-care centers shall be permitted in the C
and the C/BP Zoning Districts of the Town of Carmel, provided that:
A.
The site on which a day-care center, as defined in
this chapter, is operated shall be at least one acre in area.
B.
There shall be not more than one pupil for each 1,500
square feet of lot area and a total of not more than 100 children.
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. The play space shall be located in rear or side yards at least
50 feet from any lot line and at least 60 feet from residential structures
on adjacent properties. The outdoor play area shall be screened with
a fence not to exceed six feet in height to protect the children and
to avoid any nuisance to adjoining properties. In addition to the
fence, a landscaped buffer strip, a minimum of 15 feet in width shall
surround all outdoor play areas.
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, with separate facilities for boys and girls.
E.
There shall be provided one off-street parking space
for each teacher and staff member and one space for every 10 pupils.
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 screened by a fence or hedge at least four feet in
height. Pickup and dropoff areas for pupils shall be separate from
off-street parking areas.
F.
One identification sign, not to exceed two square feet in area, shall be permitted in accordance with the provisions of § 156-41 of this chapter pertaining to signs.
G.
The day-care center shall be licensed by New York
State Department of Social Services, if a license for its operation
is required by law, and shall be subject to all requirements of all
federal, state, county or local regulatory agencies.
H.
The Building Inspector shall inspect the day-care
center and issue a permit on an annual basis.
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. All play apparatus shall be installed in accordance
with the manufacturer's specifications.
J.
The facility shall be supported by utility infrastructure
that is 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.
[Added 7-2-2008 by L.L. No. 2-2008]
In the event of an emergency (fire, flood, etc.),
a temporary permit for use of a temporary trailer may be issued by
the Building Inspector for not more than 90 days to allow for temporary
storage and/or housing. Said permit may be renewed for an additional
90 days by the Building Inspector. All necessary approvals from the
PCDOH and or Town of Carmel must be obtained for water and sanitary
connections. No certificate of occupancy for a replacement structure
shall be issued until the temporary trailer(s) are removed.
[Added 12-17-2008 by L.L. No. 6-2008]
Notwithstanding any inconsistent provision contained in Chapter 128, Streets and Sidewalks, sidewalk cafes for the sale to the public of food and beverages, excluding alcoholic beverages and outdoor dining, shall be permitted, provided that site plan approval is obtained from the Town of Carmel Planning Board and a permit is issued by the Building Inspector. Any person, firm or corporation desiring a permit shall obtain site plan approval and make application to the Town Building Inspector on forms provided for that purpose. An application form shall be prepared by the Building Department indicating all information required by it in reference to the issuance of the permit and shall be signed by the owner of the property and the permittee if that entity is different than the owner of the property.
A.
Sidewalk cafe permit. A permit for a sidewalk cafe
may only be issued to the owner or the tenant of a building occupied
and used for the sale of cooked and prepared food, except fast-food
restaurants, in a zoning district permitting such use and abutting
the public sidewalk adjacent thereto, provided that the following
requirements are met:
(1)
The sidewalk abutting the property, from property
line to the curbline, must not be less than 20 feet in width.
(2)
Said use shall be at least 50 feet from any
residential lot in a residentially zoned district and be approved
by the Planning Board.
(3)
The area to be used for the sidewalk cafe must
not encroach onto the sidewalk more than 10 feet from the property
line abutting the sidewalk and must not extend beyond the extension
of the side property lines onto the sidewalk.
(4)
No permanent structures may be affixed to the
sidewalk area used for the cafe or affixed to the building abutting
the area for purposes of the cafe, and the area may be occupied only
by chairs, tables, benches, umbrellas and planters for the convenience
of the patrons to be served in such area. Planters shall be so arranged
as to enclose the dining area.
(5)
A clear unoccupied space must be provided, not
less than three feet in width, from all entrances of the building
abutting the sidewalk to the unoccupied portion of the public sidewalk.
(6)
Neither outdoor lighting nor live or mechanical
music may be used on or for the cafe area, except that in such cases
where street lighting is insufficient to illuminate the dining area
so that a hazard to those traveling the sidewalk may be created, the
Town Board shall direct and the applicant shall provide such lighting
for nighttime hours as the Town Board shall require.
(7)
General comprehensive liability insurance naming
the applicant and the Town of Carmel, its officers, agents and employees
as named insureds must be provided, with limits of $25,000/$50,000
for property damage and $500,000/$1,000,000 for personal injury, effective
for the duration of the permit.
(8)
Permits shall be valid only during the period
from the last Monday in May to the first Monday in September and shall
be for such duration, within the time provided herein, as the applicant
may request.
B.
Outdoor dining permit. A permit for outdoor dining
may only be issued to the owner or the tenant of a building occupied
and used for the sale of cooked and prepared food, except fast-food
restaurants, in a zoned district permitting such use.
(1)
Outdoor dining in conjunction with any bar or
nightclub is specifically prohibited.
(2)
Said use shall be at least 50 feet from any
residential lot in any adjoining residential district.
(3)
The Town of Carmel Planning Board may prohibit
or limit the hours of operation of any activities which could cause
an adverse impact on adjacent or nearby residential properties, such
as unreasonable noise emanating from the outdoor dining area.
(4)
No exterior lighting, in excess of 0.5 footcandle,
shall be permitted which would cause illumination beyond the boundaries
of the property on which it is located. Hours of lighting shall be
as limited by the Town of Carmel Planning Board.
C.
Fees and deposits. The fee for each permit shall be
as set by the Town Board in the annual user fee schedule. Fees are
payable upon the issuance of the permit. The sum of $500 shall be
deposited, upon the issuance of the permit, to guarantee compliance
with the terms of this chapter and the removal of such items as may
be placed upon the public sidewalk, upon the expiration date of the
permit.
D.
In the event that the permittee should violate any
of the provisions of this chapter, the Town Board may, after five
days' notice in writing by certified mail, return receipt requested,
mailed to the address shown in the application, effective on the date
of mailing, and after affording an opportunity to the permittee for
a hearing, upon a finding by the Town Board of such violation, or
the default of the permittee to appear for the hearing at the time
and date specified in such notice, terminate the permit.
E.
Failure of permittee to comply. In the event that
the permittee should fail to remove all items placed upon the public
sidewalk, upon the expiration of the permit by lapse of time, or for
violation of this chapter, the Town Board may have such items removed,
forfeit the deposit for the cost and charge the permittee for any
excess cost above the deposit, together with the cost for storage
of such items until removed by the permittee from storage. In the
event that the permittee should fail to pay the cost of storage and
any excess cost of removal within 90 days after storage, the Town
Board may sell the items at public auction, reimburse the Town of
Carmel for all costs and if any surplus moneys remain, pay them over
to the permittee.
[Added 5-24-2017 by L.L.
No. 3-2017]
A.
COOP
RUN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A cage or pen designed to contain or house chickens and shall
contain all of the following components:
A fenced or fully enclosed area attached to or encompassing
a chicken coop in which chickens are allowed to run around and peck.
B.
A coop for housing chickens and an attached run shall be permitted
as an accessory use. The combined square footage of the coop/run area
should allow at least four square feet for each chicken being kept
in the area. Roosters are prohibited.
C.
No coop or run for housing of chickens shall be located on a lot
comprised of less than 40,000 square feet of lot area. A lot may only
house a maximum of six chickens for every 40,000 square feet of lot
area comprising such lot. No lot may house more than 18 chickens in
total.
D.
Coops and runs may not be located in any front yard as defined in
this chapter. Coops and runs shall be situated completely in a side
or rear yard, at least 15 feet from all rear and side property lines.
E.
All coops and runs must be kept clean neat and free of debris and
be in compliance with all state and local laws pertaining to animals
generally.
F.
All coops and any attached run shall be screened from view at ground
level from adjacent lots by using four-foot to six-foot fencing, landscaping,
or a combination thereof and the screening must be present throughout
the year, i.e., evergreen landscaping.
G.
All feed shall be kept in rodentproof containers.
H.
All chickens will be contained in coops and runs unless property
size is in excess of three acres.
I.
Any lot which houses chickens pursuant to the terms of this chapter
and section shall be required to obtain a permit issued by the Town
Clerk of the Town of Carmel. Such permit and application therefor
shall be in form and content as prescribed and approved by resolution
of the Town Board of the Town of Carmel.
J.
Any such permit issued pursuant to the terms of this chapter and
section shall require a fee to be established by resolution of the
Town Board of the Town of Carmel on an annual basis.
K.
Penalties for offenses.
(1)
Any complaint received by the Building Department or Police
Department pursuant to this chapter pertaining to the cleanliness
or sanitary condition of the run/coop may be referred to the Putnam
County SPCA for investigation and who is hereby empowered to enforce
any and all violations of this code.
(2)
Any person or entity that shall violate any of the provisions
of this section shall be guilty of a violation and shall be punished
as follows:
(a)
For a first offense: by a fine not to exceed $50.
(b)
For a second offense: by a fine not to exceed $100.
(c)
For a third offense or any subsequent offenses: by a fine not
to exceed $200 or removal of chickens, coop, and run from said premises,
or by both such fine and cessation of use.
(d)
Each violation of any provision of this section and each week
that each such violation shall continue shall be deemed to be a separate
and distinct offense.
(e)
In addition to the above-provided penalties and punishment,
the Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
any violation of this section.
[Added 9-19-2018 by L.L.
No. 4-2018; amended 5-1-2019 by L.L. No. 3-2019; 3-1-2023 by L.L. No. 3-2023; 8-2-2023 by L.L. No. 4-2023]
Notwithstanding the foregoing, no building permits and/or certificates
of occupancy permitting the construction, establishment and/or operation
of any additional or new smoke shops or vape shops which are not currently
in existence or operation at the time of the enactment of this section
shall be issued by the Town of Carmel Building Department as a permitted
retail use or other use within any zone within the Town of Carmel,
from the effective date of this section through and including September
30, 2023. For purposes of this section, "smoke shop" or "vape shop"
shall mean any business, facility or establishment with its main,
primary or specialized purpose being the on-premises use and/or retail
sale of tobacco and tobacco-related products, smoking equipment and/or
electronic cigarette products and related products and paraphernalia.
