Special permit uses for which conformance with
additional requirements is mandated by this chapter shall be deemed
to be permitted uses in their respective districts, subject to the
satisfaction of the conditions and standards set forth in this section,
in addition to all other requirements of this chapter. All such uses
are declared to possess characteristics of such unique and special
form that each specific use must be considered as an individual case.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 7-15-2003 by Ord. No. 167-2003; 4-20-2004 by Ord. No. 90-2004; 5-19-2005 by Ord. No. 118-2005; 5-19-2005 by Ord. No. 120-2005; 6-14-2005 by L.L. No.
2-2005]
The approving agency for special permit uses
shall be as follows:
A.
City Council.
(1)
The City Council shall have authority to approve the
following listed special permit uses:
[Amended 10-20-2009 by Ord. No. 199-2009]
(a)
The establishment of new or the expansion of
existing universities, colleges and private school campuses in residential
districts.
(2)
The City Council shall have the authority in the Water Related District to approve special permit uses, as listed in § 331-50.
(3)
The City Council shall have the authority in the Planned Waterfront Development - 3-Story District to approve special permit uses, as listed in § 331-51.
B.
Planning Board.
(1)
The Planning Board shall have authority to approve
the following listed special permit uses, in addition to any other
specially permitted uses not specifically identified in this section:
[Amended 6-14-2005 by Ord. No. 135-2005; 10-20-2009 by Ord. No.
199-2009; 3-23-2010 by Ord. No. 55-2010; 2-15-2011 by Ord. No.
43-2011]
(b)
Accessory waterfront structures (bulkheads, docks, floats, piers, etc.) as regulated by § 331-107.
(d)
In the RMF-2.0 District: stores and shops exclusively
for sales at retail or the performance of customary personal services;
business, professional or governmental offices; and restaurants.
(e)
Medical and dental offices in residential district within 250 feet of an H Hospital District as regulated by § 331-92.
(g)
Catering halls.
(h)
Family entertainment center in MUFE District.
(m)
Motor vehicle storage area as regulated by § 331-104. [For off-street parking adjacent to nonresidence districts, see § 331-126E(5).]
(o)
Funeral parlors.
(p)
Self-storage facilities.
(s)
Outdoor storage of motor vehicles in the LI
District.
(v)
Play grounds, swimming pools, tennis courts
and recreation buildings owned by a neighborhood association.
(x)
Conversion of buildings used for hospital-related housing as regulated by § 331-46C(7).
(aa)
Multifamily Uses in the R1-WF-10 District.
[Added 3-15-2016 by Ord.
No. 77-2016]
(bb)
eSports.
[Added 9-20-2016 by Ord.
No. 189-2016]
(cc)
Craft beverage production facilites as regulated by § 331-113.10.
[Added 7-18-2017 by Ord.
No. 152-2017]
(dd)
Day-care centers.
[Added 9-19-2017 by Ord.
No. 187-2017]
(ee)
Restaurants with extended hours in the North Avenue College District as regulated by § 331-113.11.
[Added 12-12-2017 by Ord.
No. 251-2017]
(ff)
Nonresidential uses in the RMF-SC-4.0 Zone noted in § 331-44C(8) through (15).
[Added 6-19-2018 by Ord.
No. 2018-127]
(gg)
Tasting rooms as regulated by § 331-113.12.
[Added 2-12-2019 by Ord.
No. 2019-42]
(hh)
Discount variety stores as regulated by § 331-113.13.
[Added 5-21-2019 by Ord.
No. 2019-105]
C.
D.
Building Official. The Building Official shall have the authority to approve special permit applications pursuant to Article XXI and § 331-54.2C(3).
[Added 5-20-2015 by Ord.
No. 112-2015; amended 3-15-2016 by Ord. No. 75-2016]
[Amended 7-16-2002 by Ord. No. 139-2002; 6-14-2005 by L.L. No. 2-2005]
A.
Application. Applicants shall submit a preliminary special permit use application to the Bureau of Buildings prior to formal submission of a complete special permit use application to the approving agency, except that valet operations subject to Article XXI, and Tandem Parking subject to § 331-54.2C(3), are not subject to this subsection of the code. All formal applications shall be submitted to the approving agency in advance of the meeting at which they are to be considered in accordance with the appropriate procedure. An application shall be considered officially submitted at such meeting, provided that the approving agency determines such application to be complete. If not, such application shall be rejected. The special permit application shall include an application for site plan, including required fees associated with such site plan review, which meets the requirements of § 331-117, as well as a written statement describing the nature of the proposed use and how it will meet the requirements of this chapter. If such special permit application involves only interior changes to building with no changes to use or exterior changes to building, a site plan application shall not be required.
[Amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 112-2015; 3-15-2016 by Ord. No. 75-2016]
B.
Review and decision. Review shall be in accordance
with the following procedure:
(1)
Review by other agencies. Upon acceptance of a complete
application, the approving agency shall within 10 days forward copies
for review and report to such other agencies and officials of the
City as it deems appropriate. All such agencies and officials shall
be given 30 days from the date of forwarding to submit their reports
and/or comments. In addition, copies shall be forwarded, with the
notice of public hearing, to the Westchester County Planning Board
and to the clerks of abutting municipalities when required by law.
(2)
Compliance with SEQRA. All applications shall be in
compliance with the provisions of the State Environmental Quality
Review Act under Article 8 and its implementing regulations.
(3)
Public hearing. A public hearing on an application
for a special permit use shall be held by the approving agency within
62 days of the date that a complete application is received.
(4)
Notice.
(a)
Notice of such hearing and of the substance
of the application shall be given by the City by publication in the
official newspaper at least 10 days before the date of such hearing.
A copy of such notice shall also be transmitted to the applicant.
The applicant must notify any property owner within 250 feet of the
boundary of the property which is the subject of the application by
sending a copy of the notice of hearing by certified mail, return
receipt requested, to such neighboring property owners whose names
appear as the owners of record in the Office of the Assessor of the
City of New Rochelle. Such notice shall be mailed not less than seven
days before the date of the public hearing. The applicant shall file
with the approving agency a duly sworn affidavit attesting that such
property owners were so notified. The affidavit shall be filed not
fewer than three days prior to the date of the public hearing.
(b)
In addition, the applicant shall post a sign
on the property which is the application on or before 15 days prior
to the first date of public hearing and shall remove such sign within
two days following such hearing. The sign shall be obtained from the
Department of Development and shall be at least 30 inches by 20 inches,
consist of sturdy and serviceable material containing a white background
with black letters and shall be placed in a location plainly visible
from the most commonly traveled street upon which the property fronts
but in no case more than 20 feet back from the front lot line. Such
sign shall be not more than three feet above the ground and shall
read as follows, in legible lettering at least two inches:
|
"THE USE OF THIS SITE IS PROPOSED TO BE CHANGED
AS FOLLOWS: (DESCRIBE PROPOSED CHANGE). THIS MATTER IS SUBJECT TO
PUBLIC HEARING AT CITY HALL ON (GIVE DATE AND TIME)."
|
(c)
Prior to the first public hearing on the application,
the applicant shall submit a notarized statement to the approving
board certifying full compliance with the requirements set forth above.
(5)
Action. Within 45 days of the date that the public
hearing is closed, the approving agency shall make its decision and
shall file with the Building Official a written report setting forth
the facts of the case and its findings, conclusions and decisions
on the application. The approving agency may only authorize the issuance
of a special permit where it finds that all standards of this chapter
have been met or a variance therefrom has been granted.
(6)
Extension of time periods. The applicant may grant
extensions of any of the above stipulated time limits; provided, however,
that any extension of time granted to an official or agency making
a report to the approving agency shall equally extend any time limit
for the approving agency.
(7)
The Planning Board's failure, if any, to comply with
any of the procedures set forth herein shall not be deemed approval
of the application.
[Amended 6-14-2005 by L.L. No. 2-2005]
All special permit uses shall comply with the
following standards in addition to all other requirements of this
chapter. The approving agency shall attach such additional conditions
and safeguards to any special permit as are, in its opinion, necessary
to insure initial and continual conformance to all applicable standards
and requirements of this or other applicable codes.
A.
The location and size of the special permit use, the
nature and intensity of the operations involved in or conducted in
connection with it, the size of the site in relation to it and the
location of the site with respect to streets giving access to it are
such that it will be in harmony with the appropriate and orderly development
of the area in which it is located.
B.
The location, nature and height of buildings, walls
and fences and the nature and extent of existing or proposed plantings
on the site are such that the special permit use will not hinder or
discourage the appropriate development and use of adjacent land and
buildings.
C.
Operations in connection with any special permit use
will not be more objectionable to nearby properties by reason of noise,
traffic, fumes, vibration or other such characteristics than would
be the operations of permitted uses not requiring a special permit.
D.
The Department of Development shall render an advisory
opinion to the approving agency, on the request of such agency, with
respect to traffic, planning and other factors relating to an application
for a use allowed by special permit in this zoned district or any
less restrictive zoned district.
[Amended 6-14-2005 by L.L. No. 2-2005]
The following standards and requirements are
hereby established for specific special permit uses. They must, as
applicable, be met before issuance of a special permit.
A.
Application for a special permit shall be made by
the university, college, or private school.
B.
A special permit shall be required for a new or the
expansion of an existing university, college and private school campus
in residential districts. Expansion shall include the merger of lots
adjacent to the existing campus.
[Amended 11-15-2016 by Ord. No. 233-2016; 4-19-2017 by Ord. No. 80-2017]
(1)
A campus site plan shall be required that includes
a facility-wide site plan, and related narrative at a suitable level
of detail to describe specific land uses within the campus that are
existing and a schedule for development for those uses that are proposed.
The site plan shall include the graphic illustration of major buildings,
internal roadways (including circulation pattern), parking areas,
open spaces, recreational fields, dormitories, classrooms that includes
a tabular calculation of building square footage, number of parking
spaces, and percent of open space.
(2)
The institution shall be chartered by the Board of
Regents of the State of New York and shall be operated in accordance
with the requirements of the New York State Education Department.
(3)
The minimum site area shall be in no case less than
the minimum site area standards as recommended for public schools
by the New York State Department of Education.
(4)
The total building coverage of all principal and accessory
buildings shall not exceed 25% of the total campus area.
(5)
Outdoor playing fields shall be set back from neighboring streets and property lines by at least 50 feet and shall be screened from public view with fencing and/or buffer landscaping, all in accordance with § 331-119B of this chapter.
(6)
The minimum number of off-street parking and loading spaces shall be provided in accordance with the requirements of Article XIV of this chapter.
(7)
Exterior lighting shall be so placed and shielded
as to reflect the source of light away from residential property and
be limited to illuminating the subject property without spilling over
across property boundaries.
(8)
If the proposed use is an expansion of the educational
use, then the applicant must show the need to expand into a residential
area rather than into a less restrictive business area. No special
permit shall be granted by the City Council unless the applicant can
demonstrate that there is no reasonable alternative to location or
expansion on the site proposed.
C.
The City Council, in considering the request for a
special permit, may impose conditions it deems necessary to protect
the health, safety and public welfare of the neighboring residents
and the City.
No office of a professional person shall be
permitted except for the treatment of residents of the facility itself.
A.
The organization shall be a membership corporation
as defined in § 102 of the Not-for-Profit Corporation Law
of the State of New York. Its facilities shall only be used by members
and their personal guests.
B.
The setback of any buildings or structures from any
residential district or property line shall be a minimum of 250 feet.
C.
The hours of operation shall be limited to 6:00 p.m.
to 2:00 a.m.
In addition to complying with all of the requirements of Chapter 267 of the Code of the City of New Rochelle regarding sidewalk cafes, the following additional requirements shall be met:
A.
Outdoor dining in conjunction with any bar or nightclub
is specifically prohibited.
B.
The approving agency 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.
C.
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
limited by the approving agency.
D.
Off-street parking spaces shall be provided as required for restaurants in § 331-126 of this chapter, except that where outdoor seating will be in the form of a sidewalk cafe on public property, no additional off-street parking need be provided. Further, no additional parking shall be required if restaurant is compliant with § 331-126D(4).
[Amended 7-17-2018 by Ord. No. 2018-159]
A.
The minimum lot size shall be two acres.
B.
A list of articles to be grown on the premises shall
be filed with the Building Official before the time of planting, and
no other produce shall be sold or offered for sale on the premises.
C.
All buildings and structures shall be set back at
least 60 feet from any property line.
D.
Fertilizer may be stored not less than 50 feet from
any property line.
A.
Radio towers for licensed amateur radio stations shall
not exceed 75 feet in height above the established grade, and shall
be located in the rear yard.
B.
The radio tower shall be set back from any lot line
a distance equal to no less than 1/2 of its height.
C.
The tower shall have either a smooth, nonclimbable
surface to a height of 10 feet above grade or else a six-foot high
fence with a locked gate completely enclosing the tower and located
within 10 feet of it.
D.
The radio tower shall be a commercially manufactured
type with published specifications, standards and stresses.
E.
The base of the tower shall have a footprint no greater
than four feet by four feet for retracting or collapsible antenna
towers, and no greater than three feet six inches by three feet six
inches for stationary or permanent towers.
F.
Guy wires shall be provided as necessary for structural
stability and shall terminate at structure not less than 10 feet above
grade.
This section is enacted to regulate the installation
of satellite dishes based on legitimate safety and aesthetic objectives
without unreasonably limiting or preventing satellite signal reception
or imposing excessive costs on the users of satellite antenna equipment.
A.
Permit required. After the effective date of this
section and except as otherwise herein provided, it shall be unlawful
and a violation of this section for any person to erect, construct,
relocate, reconstruct, display or maintain, or cause to be erected,
constructed, displayed or maintained within the City of New Rochelle,
any satellite antenna without first having obtained a written building
permit from the Building Official. All dish antennas installed prior
to the effective date of this section shall be registered with the
Building Official within four months of the effective date of this
section and shall be brought into compliance with the provisions of
this section within one year of its effective date.
B.
Exempt antennas. Antennas meeting the following standards
and specifications are exempt from the requirements of this section.
(1)
Common skeletal-type radio and television antennas
used to receive UHF, VHF, AM and FM signals of off-air broadcasts
from radio and television stations.
(2)
Parabolic dish antennas under three feet in diameter.
(3)
Amateur radio antennas, except any parabolic dish
antennas over three feet in diameter.
C.
Submissions required for permit approval. A plan in
sufficient detail and accuracy so as to depict the placement and all
component parts of the antenna shall be prepared by a registered professional
engineer or registered architect which shall include following site
specific data:
(1)
The location of property lines and permanent easements
including metes and bounds.
(2)
The location of all structures on the site and all
structures on any adjacent property within 10 feet of the subject
property lines.
(3)
The location of all utility poles above- and below-ground
utility lines, trees or other natural or artificial structures.
(4)
Any proposed guy wires or enclosures.
(5)
The location, nature and extent of any proposed fencing,
buffering, plantings or other screening measures.
(6)
The dimensions of said satellite antenna, including
its width, depth and height and any appurtenant structures.
(8)
A written statement showing the name of the owner
or the person in control of the building(s) on the premises where
such satellite antenna is to be located and the authority to obtain
a permit.
(9)
A written statement that he/she has obtained all other
licenses, permits and approvals required by law for erection, construction,
installation and operation of such satellite antenna.
(10)
Such other information as the Building Official
may reasonably require to show compliance with the provisions of this
section.
D.
Issuance of permit, criteria and performance standards.
The Building Official may issue a building permit for the construction
and installation of a satellite antenna, provided that the following
regulations and standards are met:
(1)
Except as provided in Subsection E herein, satellite antennas shall be located in the rear yard only. Satellite antennas installed accessory to a one- or two-family dwelling, or on property adjacent to property that either contains a one- or two-family dwelling or is zoned for such, shall be no closer than 25 feet to the side and rear lot lines. When measuring side and rear setbacks, all cables, wires or other supports shall constitute a part of the antenna. There shall be no required setback between a satellite antenna and a building located on the same lot. Front yard installation of satellite antennas is prohibited.
(2)
No portion of a satellite antenna array shall extend
beyond the property lines or into any front yard area. Guy wires shall
not be anchored within any front yard area but may be attached to
the building.
(3)
Satellite antennas shall be located in an area which
will optionally mitigate their visibility from surrounding properties
and public roadways. Moreover, a freestanding dish antenna shall be
screened (may rotate) as practicable in light of the purchase and
installation cost of the equipment, through the use of architectural
features, earth berms, landscaping or other screening which will harmonize
with the character of the property and surrounding area.
(4)
The height of a satellite antenna shall be measured
vertically to the highest point of the antenna when positioned in
its most vertical position.
(5)
A freestanding satellite antenna shall not exceed
15 feet in height above ground level.
(6)
No satellite antenna shall exceed 10 feet in diameter.
(7)
No more than one satellite antenna shall be permitted
on any lot.
(8)
All satellite antennas shall be designed, constructed
and installed in compliance with all building, electrical, fire prevention
and other applicable codes, rules, regulations or performance standards
of the City or any other governmental entity having jurisdiction over
such antennas, including, without limitation, the Federal Communications
Commission (FCC).
(9)
All electrical wiring associated with any satellite
antenna shall be buried underground, placed in a conduit or concealed
in a manner acceptable to the Building Official.
(10)
Satellite antennas shall not be brightly colored,
reflective, shiny or otherwise obtrusive; their color shall be compatible
with the surrounding areas and buildings.
E.
Roof-mounted satellite antennas. Roof-mounted construction
and installation of satellite antennas shall be allowed as of right
in nonresidentially zoned areas pursuant to the standards contained
herein. For residentially zoned property where usable satellite signals
cannot be received by locating the satellite antenna in the rear yard
of the property, such antenna may be placed on the roof of a building,
if a registered professional engineer, registered architect or radio
frequency engineer provides sufficient information that locating the
satellite antenna in the rear yard in conformance with the specifications
of this section would obstruct the antenna's reception window or otherwise
excessively interfere with reception by not allowing receipt of at
least 70% of the available programming, and such obstruction or interference
involves factors beyond the applicant's control; or the cost of meeting
the specifications of this section is excessive, given the purchase
and installation cost of the satellite antenna. Any construction and
installation of roof-mounted satellite antennas shall meet the following
standards:
(1)
The construction and installation of a roof-mounted
satellite antenna must be designed so as not to pose a threat to people
and property. The load distribution within the building's roof and/or
a wind velocity test shall be provided by a registered engineer where
deemed necessary by the Building Official. The owner of such antenna
shall assume complete liability in case of personal injury or property
damage.
(2)
Where a satellite antenna is to be installed on a
pitched roof, where possible, it shall be installed on that side of
the pitched roof not facing any public or private road. Where a satellite
antenna is to be installed on a flat roof, where possible, it shall
be installed on that portion of the roof which is least visible from
any public or private road. All rooftop installation shall be consistent
with neighboring improvements, uses and architectural character as
much as possible.
(3)
A satellite antenna mounted on a roof or building
shall not exceed 12 feet in height, nor shall any such antenna project
more than six feet above the peak or highest point of the roofline.
(4)
Where feasible, taking into consideration structural,
architectural and cost factors, roof-mounted satellite antennas shall
be installed with parapets and/or an architecturally compatible screening
plan.
F.
Appeal and variance procedure.
(1)
All appeals and all applications for variances from
the regulations herein contained shall be referred to and determined
by the Board of Appeals on Zoning in accordance with its usual procedures
with regard to public notice and hearing.
(2)
The Board of Appeals shall have authority to vary
or modify the regulations contained herein in cases where it is satisfied
that compliance therewith will not provide adequate reception or will
impose undue costs considering the cost of purchasing and installing
the satellite antenna; provided, however, that such relief will not
be detrimental to the district in which the satellite antenna is located,
and the Board may set such conditions and safeguards as it considers
necessary and appropriate.
G.
Penalties for offenses. Any neglect, failure or refusal
to comply with any provisions of this section shall be deemed a violation
thereof, and any person who shall so violate any provision of this
section shall, upon conviction thereof, be punished by a fine of not
more than $500 for each offense. Each and every day such violation
shall continue will constitute a separate offense.
[Amended 1-15-2002 by Ord. No. 21-2002]
A.
Purpose and legislative intent.
(1)
The Telecommunications Act of 1996 affirmed the City
of New Rochelle's authority concerning the placement, construction,
and modification of wireless telecommunications facilities. The City
of New Rochelle finds that wireless telecommunications facilities
may pose significant concerns to the health, safety, public welfare,
character, and environment of the City and its inhabitants. The City
also recognizes that facilitating the development of wireless service
technology can be an economic development asset to the City and of
significant benefit to the City and its residents. In order to insure
that the placement, construction or modification of wireless telecommunications
facilities is consistent with the City's land use policies, the City
is adopting a single, comprehensive wireless telecommunications facilities
application and permit process. The intent of this chapter is to minimize
the negative impact of wireless telecommunications facilities, establish
a fair and efficient process for review and approval of applications,
assure an integrated, comprehensive review of environmental impacts
of such facilities, and protect the health, safety and welfare of
the City of New Rochelle.
(2)
In order to ensure that the placement, construction,
and modification of wireless telecommunications facilities protects
the City's health, safety, public welfare, environmental features,
the nature and character of the community and neighborhood and other
aspects of the quality of life specifically listed elsewhere in this
chapter, the City hereby adopts an overall policy with respect to
a special permit for wireless telecommunications facilities for the
express purpose of achieving the following goals:
(a)
Implementing an application process for person(s)
seeking a special permit for wireless telecommunications facilities.
(b)
Establishing a policy for examining an application
for and issuing a special permit for wireless telecommunications facilities
that is both fair and consistent.
(c)
Promoting and encouraging, wherever possible,
the sharing and/or collocation of wireless telecommunications facilities
among service providers.
(d)
Promoting and encouraging, wherever possible,
the placement, height and quantity of wireless telecommunications
facilities in such a manner, including but not limited to the use
of stealth technology, to minimize adverse aesthetic and visual impacts
on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location
of such wireless telecommunications facilities, which shall mean using
the least visually and physically intrusive facility that is not technologically
or commercially impracticable under the facts and circumstances.
(e)
To protect the appearance and property value
of neighborhoods, minimize conflict with adjacent uses and the surrounding
area and to assure the health and safety of the public.
(f)
Minimize the total number and height of New
Towers throughout New Rochelle.
[Amended 5-21-2003 by Ord. No. 106-2003]
(g)
Provide standards and requirements for the regulation,
placement, design, appearance, construction, monitoring, modification,
and removal of telecommunications facilities and towers.
(h)
Locate towers so that they do not have negative
impacts, such as, but not limited to, attractive nuisance, noise,
and falling objects.
(i)
Provide a procedural basis for action within
a reasonable period of time for requests for authorization to place,
construct, operate or modify telecommunications facilities.
B.
Definitions.
(1)
For purposes of this section, and where not inconsistent
with the context of a particular subsection, the defined terms, phrases,
words, abbreviations, and their derivations shall have the meanings
given in this section. When not inconsistent with the context, words
in the present tense include the future tense, words used in the plural
number include words in the singular number and words in the singular
number include the plural number. The word "shall" is always mandatory,
and not merely directory.
(2)
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
APPLICANT
APPLICATION
BASE STATION
(a)
(b)
(c)
BOARD
CITY
COLLOCATION
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
COMPLETED APPLICATION
FAA
FALL ZONE
FCC
FRONT FACADE AREA
HEIGHT
MODIFICATION; SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
(a)
(b)
(c)
(d)
(e)
NEW TOWER
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
SMALL WIRELESS TELECOMMUNICATIONS FACILITY
(a)
(b)
(c)
(d)
(e)
(f)
SPECIAL PERMIT
STEALTH or STEALTH TECHNOLOGY
STATE
TELECOMMUNICATIONS
TELECOMMUNICATION SITE
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS
TOWER or TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY
or FACILITY
As used in this section, the following terms shall
have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to, utility or transmission equipment storage
sheds or cabinets.
An apparatus designed for the purpose of emitting or receiving
radiofrequency (RF) radiation, to be operated or operating from a
fixed location pursuant to Federal Communications Commission authorization,
for the provision of wireless service and any commingled information
services. This definition does not include antennas designed for amateur
or household use.
[Amended 4-21-2020 by Ord. No. 2020-46]
Any person submitting an application for a special or administrative
special permit for wireless telecommunications facilities.
[Amended 4-21-2020 by Ord. No. 2020-46]
All necessary and appropriate documentation that an applicant
submits in order to request review of a special permit for wireless
telecommunications facilities.
The same as defined by the FCC at 47 CFR § 1.6100(b),
as it may be amended from time to time. For the purpose of convenience
only, this definition is stated as follows: a structure or equipment
at a fixed location that enables FCC licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined herein or any equipment
associated with a tower. Base Station includes, without limitation:
[Added 4-21-2020 by Ord.
No. 2020-46]
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration [including Distributed Antenna Systems
(DAS) and small cell networks].
The New Rochelle Planning Board.
The City of New Rochelle New York.
The mounting of one or more wireless telecommunications facilities
on a preexisting structure, or modifying a structure for the purpose
of mounting or installing a wireless telecommunications facility on
that structure.
[Amended 4-21-2020 by Ord. No. 2020-46]
The inability to perform an act on terms that are reasonable
in commerce, the cause or occurrence of which could not have been
reasonably anticipated or foreseen and that jeopardizes the financial
efficacy of the project. The inability to achieve a satisfactory financial
return on investment or profit, standing alone, shall not deem a situation
to be commercially impracticable and shall not render an act or the
terms of an agreement commercially impracticable.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The area on the ground within a prescribed radius from the
base of a wireless communications facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material. This distance is required as a setback
from an adjoining property line for a new tower or for a new antenna
on an existing tower.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public right-of-way.
[Added 4-21-2020 by Ord.
No. 2020-46]
When referring to a tower or structure, the distance measured
from the preexisting grade level to the highest point on the tower
or structure, even if said highest point is an antenna or lightening
protection device.
A modification to an existing wireless telecommunications
facility substantially changes the physical dimensions of a tower
or base station if it meets any of the following criteria:
[Amended 4-21-2020 by Ord. No. 2020-46]
For communications towers or base stations outside the public
rights-of-way, it increases the height of the facility by more than
10%, or by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet, whichever
is greater; for small wireless telecommunications facilities in the
rights-of-way, it increases the height of the facility by more than
10% or 10 feet, whichever is greater;
For communications towers or base stations outside the public
rights-of-way, it protrudes from the edge of the communication tower
or base station by more than 20 feet, or more than the width of the
Tower structures at the level of the appurtenance, whichever is greater;
for those Small Wireless Facilities in the public rights-of-way, it
protrudes from the edge of the structure by more than six feet;
It involves the installation of more than two new equipment
cabinets for the technology involved, not to exceed four cabinets;
It entails any excavation of deployment outside the current
site of the small wireless telecommunications facility, communications
tower, or base station; or
It does not comply with conditions associated with prior approval
of construction or modification of the small wireless telecommunications
facility, communications tower, or base station unless the noncompliance
is due to an increase in height, increase in width, or addition of
cabinets.
A freestanding structure designed and built to support wireless
telecommunications facilities, including monopoles, lattice construction,
steel structures, structures that employ camouflage technology, and
similar structures.
[Added 5-21-2003 by Ord. No. 106-2003]
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act.
A telecommunications facility, installed within the City's
right-of-way, that meets the following criteria:
[Added 4-21-2020 by Ord.
No. 2020-46]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All other wireless equipment associated with the facility (excluding
antennas) are cumulatively no more than nine cubic feet in volume
but may be increased up to 28 cubic feet in volume if the applicant
shows that such dimensions are required to provide wireless service
and that no less intrusive means of providing such wireless service
is technically feasible;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities shall involve no more than one standard equipment
cabinets for the technology; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Board.
To minimize adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances.
The State of New York.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this
chapter, something intended to, or that does, exist for fewer than
90 days.
Includes a structure, facility or location designed or intended
to be used as, or used to support, antennas or other transmitting
or receiving devices. This includes but is not limited to towers of
all types and kinds and structures that employ camouflage technology,
including, but not limited to structures such as a multistory building,
church steeple, silo, water tower, sign or other structures that can
be used to mitigate the visual impact of an antenna or the functional
equivalent of such, including all related facilities such as cabling,
equipment shelters and other structures associated with the site.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal telecommunications
services, commercial satellite services, microwave services and services
not licensed by the FCC, but not expressly exempt from the City's
siting, building and permitting authority, excluding those used exclusively
for the City's fire, police or exclusively for private, noncommercial
radio and television reception and private citizen's bands, amateur
radio and other similar noncommercial telecommunications where the
height of the facility is below the height limits set forth in this
chapter.
C.
Special permit application and other requirements.
(1)
All applicants for a special permit for wireless telecommunications
facilities or any modification of such facility shall comply with
the requirements set forth in this section. The Board is the officially
designated agency or body of the City to whom applications for a special
permit for wireless telecommunications facilities must be made, and
as such is authorized to review, analyze, evaluate and make decisions
with respect to granting or not granting, recertifying or not recertifying,
or revoking special permits for wireless telecommunications facilities.
The City may, at its discretion, delegate or designate other official
agencies of the City to accept, review, analyze, evaluate and make
recommendations to the Board with respect to the granting or not granting,
recertifying or not recertifying or revoking special permits for wireless
telecommunications facilities.
(2)
An application for a special permit for wireless telecommunications
facilities shall be signed on behalf of the applicant by the person
preparing the same and with knowledge of the contents and representations
made therein and attesting to the truth and completeness of the information.
The landowner, if different than the applicant, shall also sign the
application and shall agree to remove any existing violations and
make all existing telecommunications facilities compliant, in terms
of safety issues, with all applicable local, state and federal telecommunications
codes prior to issuance of any certificate of occupancy or compliance
for a new facility. At the discretion of the Board, any false or misleading
statement in the application may subject the applicant to denial of
the application without further consideration or opportunity for correction.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
Applications not meeting the requirements stated herein
or which are otherwise incomplete, may be rejected by the Board.
(4)
The applicant shall include a statement in writing:
(a)
That the applicant's proposed wireless telecommunications
facilities shall be maintained in a safe manner, and in compliance
with all conditions of the special permit, without exception, unless
specifically granted relief by the Board in writing, as well as all
applicable and permissible local codes, ordinances, and regulations,
including any and all applicable City, state and federal laws, rules,
and regulations.
(b)
That the construction of the wireless telecommunications
facilities is legally permissible, including, but not limited to the
fact that the applicant is authorized to do business in the state.
(5)
No wireless telecommunications facilities shall be
installed or constructed until the application is reviewed and approved
by the Board, and the special permit has been issued.
(6)
All applications for the construction or installation
of new wireless telecommunications facilities shall contain the information
hereinafter set forth. The application shall be signed by an authorized
individual on behalf of the applicant. The application shall include
the following information:
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003]
(a)
Documentation that demonstrates the need for
the wireless telecommunications facility to provide service primarily
and essentially within the City, with service to adjacent municipalities
to not exceed 40% of the total area to be covered by the proposed
facility. Such documentation shall include propagation studies and
maps of the proposed site and all other planned, proposed, in-service
or existing sites in the City and in all contiguous municipalities.
If the applicant is addressing a capacity issue, documentation must
be submitted to include but not be limited to the following: usage
and forecasted or present blockage; call volume, drive-test data and
results, including date of test, locations of tests, and signal strength
results; and any other technical pertinent information;
(b)
The name, address and phone number of the person
preparing the report;
(c)
The name, address, and phone number of the property
owner, operator, and applicant, and to include the legal form of the
applicant;
(d)
The postal address and tax map parcel number
of the property;
(e)
The Zoning District or designation in which
the property is situated;
(f)
Size of the property stated both in square feet
and lot line dimensions, and a diagram showing the location of all
lot lines;
(g)
The location of nearest residential structure;
(h)
The location, size and height of all structures
on the property which is the subject of the application;
(i)
The location, size and height of all proposed
and existing antennas and all appurtenant structures;
(j)
The type, locations and dimensions of all proposed
and existing landscaping, and fencing for a New Tower;
(k)
The number, type and design of the New Tower(s)
and antenna(s) proposed and the basis for the calculations of the
New Tower's capacity to accommodate multiple users;
(l)
The make, model and manufacturer of the New
Tower and antenna(s);
(m)
A description of the New Tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above preexisting grade, materials, color and lighting;
(n)
The frequency, modulation and class of service
of radio or other transmitting equipment;
(o)
The actual intended transmission and the maximum
effective radiated power of the antenna(s);
(p)
Direction of maximum lobes and associated radiation
of the antenna(s);
(q)
Certification that the NIER levels at the proposed
site are within the threshold levels adopted by the FCC. Information
will include but not be limited to requirements under OET-65 or other
pertinent information;
(r)
Certification that the proposed antenna(s) will
not cause interference with other telecommunications devices;
(s)
A copy of the FCC license applicable for the
intended use of the wireless telecommunications facilities;
(t)
Certification that a topographic and geomorphologic
study and analysis has been conducted for the New Tower, and that
taking into account the subsurface and substrata, and the proposed
drainage plan, that the site is adequate to assure the stability of
the New Tower on the proposed site; and
(u)
Any other documentation required by the Board
and/or its expert necessary to review the application.
(v)
Where a certification is called for, such certification
shall bear the signature and seal of a professional engineer licensed
in the state.
(7)
In the case of a New Tower, the applicant shall be
required to submit a written report demonstrating its meaningful efforts
to secure shared use of existing tower(s) or the use of alternative
buildings or other structures within the City. Copies of written requests
and responses for shared use shall be provided to the Board in the
application, along with any letters of rejection stating the reason
for rejection.
[Amended 5-21-2003 by Ord. No. 106-2003]
(8)
The applicant shall certify that the telecommunication
facility, foundation and attachments are designed and will be constructed
to meet all local, City, state and federal structural requirements
for loads, including wind and ice loads.
(9)
The applicant shall certify that the wireless telecommunications
facilities will be effectively grounded and bonded so as to protect
persons and property and installed with appropriate surge protectors.
(10)
An applicant shall be required to submit a long-form
environmental assessment form and a visual addendum in compliance
with the State Environmental Quality Review Act. Based on the results
of the analysis, including the visual addendum, the City may require
submission of a more detailed analysis. The scope of the required
environmental and visual assessment will be reviewed at the preapplication
meeting.
[Amended 5-21-2003 by Ord. No. 106-2003]
(11)
The applicant shall furnish a visual impact
assessment, which shall include:
(a)
A zone of visibility map which shall be provided
in order to determine locations from which the tower may be seen.
(b)
Pictorial representations of before and after
views from key viewpoints both inside and outside of the City as may
be appropriate, including but not limited to state highways and other
major roads; state and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from
any other location where the site is visible to a large number of
visitors, travelers or residents. Guidance will be provided concerning
the appropriate key sites at a preapplication meeting.
(c)
An assessment of the visual impact of the tower
base, guy wires and accessory buildings from abutting and adjacent
properties and streets as relates to the need or appropriateness of
screening.
(12)
The applicant shall demonstrate and provide
in writing and/or by drawing how it shall effectively screen from
view the base and all related facilities and structures of the proposed
wireless telecommunications facilities.
(13)
Any and all representations made by the applicant
to the Board on the record during the application process, whether
written or verbal, shall be deemed a part of the application and may
be relied upon in good faith by the Board.
(14)
All utilities at a wireless telecommunications
facilities site shall be installed underground and in compliance with
all laws, ordinances, rules and regulations of the City, including
specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate.
(15)
All wireless telecommunications facilities shall
contain a demonstration that the facility be sited so as to be the
least visually intrusive as reasonably possible and thereby have the
least adverse visual effect on the environment and its character,
on existing vegetation, and on the residences in the area of the wireless
telecommunications facility.
(16)
Both the wireless telecommunications facility
and any and all accessory or associated facilities shall maximize
the use of building materials, colors and textures designed to blend
with the structure to which it may be affixed and/or to harmonize
with the natural surroundings, this shall include the utilization
of stealth or concealment technology as may required by the Board.
(17)
At a site of a New Tower, an access road, turnaround
space and parking shall be provided to assure adequate emergency and
service access. Maximum use of existing roads, whether public or private,
shall be made to the extent practicable. Road construction shall at
all times minimize ground disturbance and the cutting of vegetation.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion.
[Amended 5-21-2003 by Ord. No. 106-2003]
(18)
A person who holds a special permit for wireless
telecommunications facilities shall construct, operate, maintain,
repair, provide for removal of, modify or restore the permitted wireless
telecommunications facilities in strict compliance with all current
applicable technical, safety and safety-related codes adopted by the
City, state, or United States, including but not limited to the most
recent editions of the National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry
practices and recommended practices of the National Association of
Tower Erectors. The codes referred to are codes that include, but
are not limited to, construction, building, electrical, fire, safety,
health, and land use codes. In the event of a conflict between or
among any of the preceding, the more stringent shall apply.
(19)
A holder of a special permit granted under this
section shall obtain, at its own expense, all permits and licenses
required by applicable law, rule, regulation or code, and must maintain
the same, in full force and effect, for as long as required by the
City or other governmental entity or agency having jurisdiction over
the applicant.
(20)
An applicant shall submit to the Board the number
of completed applications determined to be needed at a preapplication
meeting.
[Amended 5-21-2003 by Ord. No. 106-2003]
(21)
The applicant shall examine the feasibility
of designing the New Tower to accommodate future demand for at least
five additional commercial applications, for possible future collocations.
The New Tower shall be structurally designed to accommodate at least
five additional antenna arrays equal to those of the applicant, and
located as close to the applicant's antenna as possible without causing
interference. This requirement may be waived, by the Board, provided
that the applicant, in writing, demonstrates that the provisions of
future shared usage of the New Tower is not technologically feasible,
is commercially impracticable or creates an unnecessary and unreasonable
burden, based upon:
[Amended 5-21-2003 by Ord. No. 106-2003]
(a)
The foreseeable number of FCC licenses available
for the area;
(b)
The kind of wireless telecommunications facilities
site and structure proposed;
(c)
The number of existing and potential licenses
without wireless telecommunications facilities spaces/sites;
(d)
Available space on existing and approved towers.
(22)
Shared use.
[Amended 5-21-2003 by Ord. No. 106-2003]
(a)
The owner of the proposed New Tower, and his/her
successors in interest, shall negotiate in good faith for the shared
use of the New Tower by other wireless service providers in the future,
and shall:
[1]
Respond within 60 days to a request for information
from a potential shared-use applicant;
[2]
Negotiate in good faith concerning future requests
for shared use of the New Tower by other telecommunications providers;
[3]
Allow shared use of the New Tower if another
telecommunications provider agrees in writing to pay reasonable charges.
The charges may include, but are not limited to, a pro rata share
of the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return
on equity, less depreciation, and all of the costs of adapting the
New Tower or equipment to accommodate a shared user without causing
electromagnetic interference.
(b)
Failure to abide by the conditions outlined
above may be grounds for revocation of the special permit for the
New Tower.
(23)
There shall be a preapplication meeting. The
purpose of the preapplication meeting will be to address issues which
will help to expedite the review and permitting process. A preapplication
meeting shall also include a site visit if there has not been a prior
site visit for the requested site. Costs of the City's consultants
to prepare for and attend the preapplication meeting will be borne
by the applicant.
(24)
The holder of a special permit shall notify
the City of any intended modification of a wireless telecommunication
facility and shall apply to the City to modify, relocate or rebuild
a wireless telecommunications facility.
(25)
In order to better inform the public, in the
case of a New Tower, the applicant shall, prior to the public hearing
on the application, hold a balloon test. The applicant shall arrange
to fly, or raise upon a temporary mast, a minimum of a three feet
in diameter brightly colored balloon at the maximum height of the
proposed New Tower. The dates (including a second date, in case of
poor visibility on the initial date), times and location of this balloon
test shall be advertised by the applicant seven and 14 days in advance
of the first test date in a newspaper with a general circulation in
the City. The applicant shall inform the City, in writing, of the
dates and times of the test, at least 14 days in advance. The balloon
shall be flown for at least four consecutive hours sometime between
7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall
be on a weekend, but in case of poor weather on the initial date,
the secondary date may be on a weekday.
[Amended 5-21-2003 by Ord. No. 106-2003]
(26)
The applicant will provide a written copy of
an analysis, completed by a qualified individual or organization,
to determine if the New Tower or existing structure intended to support
wireless facilities requires lighting under Federal Aviation Administration
Regulation Part 77. This requirement shall be for any New Tower or
for an existing structure or building where the application increases
the height of the structure or building. If this analysis determines
that the FAA must be contacted, then all filings with the FAA, all
responses from the FAA and any related correspondence shall be provided
in a timely manner.
[Amended 5-21-2003 by Ord. No. 106-2003]
D.
Location of wireless telecommunications facilities.
(1)
Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, provided the setbacks set forth in Subsection J below are met, Subsection D(1)(a) being the highest priority and Subsection D(1)(h) being the lowest priority.
[Amended 5-21-2003 by Ord. No. 106-2003; 10-19-2005 by Ord. No. 236-2005]
(a)
On existing towers and existing buildings on
City owned property, other than public parks;
(b)
On existing towers and existing buildings with
existing wireless telecommunications facilities in commercially and
industrially zoned districts without increasing the height of the
tower or building;
(c)
On existing towers and existing buildings with
existing wireless telecommunications facilities in mixed-use, college-related,
and residentially zoned districts in that order of sub-priority without
increasing the height of the tower or building;
(d)
On existing buildings without existing wireless
telecommunications facilities in industrial, commercial, mixed-use,
college- and college-related, and residentially zoned districts in
that order of sub-priority without increasing the height of the building;
(e)
On New Towers in industrially and commercially
zoned districts where the New Tower can be sited in such a way as
to be set back at least 250 feet from the nearest property line of
a lot zoned and used for residential purposes and where visual mitigation
will be provided;
(f)
On New Towers on City-owned property other than
public parks;
(g)
On New Towers on country clubs, cemeteries,
public utility sites, open space preserves (other than public parks),
government owned properties, nurseries or vacant property under single
ownership, where such sites are at least eight acres in area, where
the New Tower can be sited in such a way as to be set back at least
250 feet from the nearest property line of a lot zoned and used for
residential purposes and where visual mitigation will be provided;
and
(h)
On New Towers on railroad, highway or other
public rights-of-way where the proposed tower can be sited in such
a way as to be set back at least 250 feet from the nearest property
line of a lot zoned and used for residential purposes and where visual
mitigation will be provided.
(2)
If the proposed site is not proposed for the highest
priority listed above, then a detailed explanation must be provided
as to why a site of a higher priority was not selected. The person
seeking such an exception must satisfactorily demonstrate the reason
or reasons why such a permit should be granted for the proposed site
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
(3)
An applicant may not bypass sites of higher priority
by stating the site proposed is the only site leased or selected.
An application shall address collocation as an option. If such option
is not proposed, the applicant must explain to the reasonable satisfaction
of the Board why collocation is commercially or otherwise impracticable.
Agreements between providers limiting or prohibiting collocation shall
not be a valid basis for any claim of commercial impracticability
or hardship.
(4)
Notwithstanding the above, the Board may approve any
site located within an area in the above list of priorities, provided
that the Board finds that the proposed site is in the best interest
of the health, safety and welfare of the City and its inhabitants
and will not have a deleterious effect on the nature and character
of the community and neighborhood.
(5)
The applicant shall submit a written report demonstrating
the applicant's review of the above locations in order of priority
and demonstrating the technological reason for the site selection.
If appropriate, based on selecting a site of lower priority, a detailed
written explanation as to why sites of a higher priority were not
selected shall be included with the application.
(6)
Notwithstanding that a potential site may be situated
in an area of highest priority or highest available priority, the
Board may disapprove an application for any of the following reasons.
(a)
Conflict with safety and safety-related codes
and requirements;
(b)
Conflict with the historic nature or character
of a neighborhood or historical district;
(c)
The use or construction of wireless telecommunications
facilities which is contrary to an already stated purpose of a specific
zoning or land use designation;
(d)
The placement and location of wireless telecommunications
facilities which would create an unacceptable risk, or the reasonable
probability of such, to residents, the public, employees and agents
of the City, or employees of the service provider or other service
providers;
(e)
Conflicts with the provisions of this chapter.
(7)
If a site is proposed for other than one of the locations on the list provided in Subsection D(1) above, in their respective order, then the applicant must demonstrate by competent evidence to the satisfaction of the Board that the preferred locations on such list within the service range established by the Board were thoroughly investigated and that such locations are not feasible and cannot provide the applicant adequate coverage.
E.
Shared use of wireless telecommunications facilities
and other structures.
(1)
Locating on existing towers or other structures without
increasing the height shall be preferred by the Board, as opposed
to the construction of a New Tower. The applicant shall submit a comprehensive
report inventorying existing towers and other suitable structures
within four miles of the location of any proposed new tower, unless
the applicant can show that some other distance is more reasonable
and demonstrate conclusively why an exiting tower or other suitable
structure cannot be used.
[Amended 5-21-2003 by Ord. No. 106-2003]
(2)
An applicant intending to locate on an existing tower
or other suitable structure shall be required to document the intent
of the existing owner to permit its use by the applicant.
(3)
Such shared use shall consist only of the minimum
antenna array technologically required to provide service primarily
and essentially within the City, to the extent practicable, unless
good cause is shown.
F.
Height of New Tower(s).
[Amended 5-21-2003 by Ord. No. 106-2003]
(1)
The applicant shall submit documentation justifying
the total height of any tower, facility and/or antenna and the basis
therefor. Such documentation will be analyzed in the context of the
justification of the height needed to provide service primarily and
essentially within the City, to the extent practicable, unless good
cause is shown.
(2)
The maximum height of a New Tower shall be the minimum
height necessary to provide service to locations within the City of
New Rochelle, but in no case shall the height exceed 80 feet above
average grade level, unless the applicant can demonstrate to the satisfaction
of the Board that a greater height is necessary.
(3)
Omnidirectional or whip antennas shall not exceed
20 feet in height or seven inches in diameter and shall be of a material
or color which matches the exterior of the tower or tall building.
(4)
Directional or panel antennas shall not exceed six
feet in height or two feet in width and shall be of a material or
color which matches either the exterior of the tower or tall building
on the sky tone above and beyond.
(5)
Satellite and microwave dish antennas shall not exceed
six feet in diameter and, when building- or rooftop-mounted, shall
be located or screened so as not to be easily visible from abutting
public streets.
(6)
Building-mounted antennas should be located and designed
to be an integral part of the building and shall be secured or camouflaged,
as necessary or as required by the Board, to minimize visual intrusion
to surrounding properties. Any wall-mounted antenna should not extend
more than four feet out from the wall.
(7)
No New Tower constructed after the effective date
of this section, including allowing for all attachments, shall exceed
that height which shall permit operation without required artificial
lighting of any kind in accordance with City, state, and/or any federal
statute, law, local law, ordinance, code, rule or regulation.
G.
Appearance and visibility of wireless telecommunications
facilities.
(1)
Wireless telecommunications facilities shall not be
artificially lighted or marked, except as required by law.
(2)
New Towers shall be galvanized and painted with a
rust-preventive paint of an appropriate color to harmonize with the
surroundings and shall be maintained in accordance with the requirements
of this chapter.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
H.
Security and noise of wireless telecommunications
facilities. All wireless telecommunications facilities and antennas
shall be located, fenced or otherwise secured in a manner that prevents
unauthorized access. Specifically:
(1)
All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to unauthorized individuals
and constructed or shielded in such a manner that they cannot be climbed
or collided with; and
(2)
Transmitters and telecommunications control points
shall be installed in such a manner that they are readily accessible
only to persons authorized to operate or service them;
(3)
Equipment shelters in connection with facilities on
existing buildings shall be constructed either within the building
or on the rooftop in a location secured from the public;
I.
Signage. Wireless telecommunications facilities shall
contain a sign no larger than four square feet in order to provide
adequate notification to persons in the immediate area of the presence
of an antenna that has transmission capabilities and shall contain
the name(s) of the owner(s) and operator(s) of the antenna(s) as well
as emergency phone number(s). The sign shall be on the equipment shelter
or cabinet of the applicant and be visible from the access point of
the site and must identify the equipment owner of the shelter or cabinet.
The sign shall not be lighted, unless lighting is required by applicable
law, rule or regulation. No other signage, including advertising,
shall be permitted, unless otherwise required by federal law.
[Amended 7-16-2002 by Ord. No. 139-2002]
J.
Setbacks.
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003]
(1)
No telecommunications facility or New Tower, including
guy-wire anchors and protective fencing, if any, shall be located
closer than 500 feet horizontally to any property line of any public,
private and/or state chartered preschool, elementary school, or secondary
school.
(2)
No telecommunications facility or New Tower, including
guy-wire anchors and protective fencing, if any, shall be located
closer than 500 feet horizontally to any property line of any nursing
home.
(3)
The fall zones for guy wire towers shall be at least
four times the tower height. For non-guyed towers, the fall zones
shall be one and one-half times the tower height. The Board may allow
the fall zones to extend within a neighboring property if it finds
that a substantially better design will result from such a reduction.
Such neighboring property shall not be developed and will be subject
to a legally binding agreement, secured by the applicant, preventing
development during the time that New Tower is in place.
(4)
All New Towers and any other proposed wireless telecommunications facility structures shall be set back by the greater of the following distances: the school setback in Subsection J(1) above, the nursing home setback in Subsection J(2) above, the fall zone in Subsection J(3) above, the distance equal to the height of the New Tower or wireless telecommunications facility structure plus 50% of the height of the New Tower or structure, and the existing setback requirement of the underlying zoning district. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.
K.
Retention of expert assistance and reimbursement by
applicant.
(1)
The Board and City may hire any consultant and/or
expert necessary to assist the Board and City in reviewing and evaluating
the application, including the construction and modification of the
site, once permitted, and any requests for recertification.
(2)
An applicant shall deposit with the City funds sufficient
to reimburse the Board and City for all reasonable costs of consultant
and expert evaluation and consultation to the Board and City in connection
with the review of any application and recertification, including
the construction and modification of the site, once permitted. The
initial deposit shall be $5,000. The placement of the $5,000 with
the City shall precede the preapplication meeting. The City will maintain
a separate escrow account for all such funds. The Board's and City's
consultants/experts shall invoice the City for its services in reviewing
the application or recertification, including the construction and
modification of the site, once permitted. If at any time during the
process this escrow account has a balance less than $2,500, the applicant
shall immediately, upon notification by the City, replenish said escrow
account so that it has a balance of at least $5,000. Such additional
escrow funds shall be deposited with the City before any further action
or consideration is taken on the application or recertification. In
the event that the amount held in escrow by the City is more than
the amount of the actual invoicing for work performed through the
date of issuance of a certificate of occupancy or compliance for the
project, the remaining balance shall be promptly refunded to the applicant.
[Amended 5-21-2003 by Ord. No. 106-2003; 2-15-2011 by Ord. No. 43-2011]
(3)
The total amount of the funds needed as set forth in Subsection K(2) of this section may vary with the scope and complexity of the project, the completeness of the application or certification and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
L.
Requirement to obtain a special permit for wireless
telecommunications facilities.
[Amended 5-21-2003 by Ord. No. 106-2003]
(1)
No person shall be permitted to site, place, build,
construct, modify or prepare any site for the placement or use of
wireless telecommunications facilities as of the effective date of
this section without having first obtained a special permit for wireless
telecommunications facilities. Notwithstanding anything to the contrary
in this section, no special permit shall be required for those noncommercial
exceptions noted in the definition of wireless telecommunications
facilities.
M.
Public hearing and notification requirements.
(1)
Prior to the approval of any application for a special permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be given pursuant to the requirements set forth in § 331-88B(4) of this chapter.
(2)
The Board shall schedule the public hearing referred to in Subsection M(1) of this section once it finds the application is substantially complete. The Board, at any stage prior to issuing a special permit, may require such additional information as it deems necessary.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
In addition, an applicant other than the City shall
post a sign on the property proposed for the special permit on or
before 15 days prior to the first date of public hearing and shall
remove such sign within two days following such hearing. The sign
shall be obtained from the Department of Development and shall be
at least 30 inches by 20 inches, consist of sturdy and serviceable
material containing a white background with black letters and shall
be placed in a location plainly visible from the most commonly traveled
street upon which the property fronts but in no case more than 20
feet back from the front lot line. Such sign shall not be more than
three feet above the ground and shall read as follows, in legible
lettering at least two inches high:
[Amended 2-15-2011 by Ord. No. 43-2011]
|
"THIS SITE IS PROPOSED FOR ISSUANCE OF A SPECIAL
PERMIT AS FOLLOWS (DESCRIBE PROPOSED SPECIAL PERMIT). THIS MATTER
IS SUBJECT TO A PUBLIC HEARING BEFORE THE PLANNING BOARD ON (GIVE
DATE) AT 7:30 P.M."
|
(4)
In addition, an applicant for a new facility on an
existing building shall post a copy of the notice of public hearing
at least 10 days prior to public hearing in the lobby of the building.
(5)
Prior to the first public hearing on the application,
the applicant shall submit a notarized statement to the Clerk of the
Planning Board certifying full compliance with the requirements set
forth above.
N.
Action on an application for a special permit for
wireless telecommunications facilities, commencement and completion
of construction.
(1)
The Board shall undertake a review of an application
pursuant to this chapter in a timely fashion, and shall act within
a reasonable period of time given the relative complexity of the application
and the circumstances, with due regard for the public's interest and
need to be involved, and the applicant's desire for a timely resolution.
(2)
After the public hearing and after formally considering
the application, the Board may approve, approve with conditions, or
deny a special permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record.
The burden of proof for the grant of the permit shall always be upon
the applicant.
(3)
If the Board approves the special permit for wireless
telecommunications facilities, then the applicant shall be notified
of such approval by resolution of the Board within 10 calendar days
of the Board's action. Except for necessary building permits, and
subsequent certificates of compliance or occupancy, once a special
permit has been approved hereunder, no additional permits or approvals
from the City, such as site plan or zoning approvals, shall be required
by the City for the wireless telecommunications facilities covered
by the special permit. However, the applicant shall submit site plan
documents with the standard title-block language for signatures of
City officials, prior to application for a building permit.
[Amended 5-21-2003 by Ord. No. 106-2003]
(4)
If the Board denies the special permit for wireless
telecommunications facilities, then the applicant shall be notified
of such denial in writing within 10 calendar days of the Board's action.
(5)
The applicant shall apply for a building permit for
construction pursuant to the special permit and a certificate of occupancy
evidencing completion of such construction within 90 and 270 days,
respectively, of issuance of the special permit. On a showing of hardship
to the Board, such deadline(s) may be extended by the Board but in
no event for longer than an additional ninety-day period.
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
O.
Recertification of a special permit for wireless telecommunications
facilities.
(1)
Between 12 months and six months prior to the five-year anniversary date after the effective date of the special permit and all subsequent five-year anniversaries of the effective date of the original special permit for wireless telecommunications facilities, the holder of a special permit for such wireless telecommunications facilities shall provide for an extension of any performance security given pursuant to Subsection R herein and shall submit a signed written request to the City's Building Official for recertification. In the written request for recertification, the holder of such special permit shall note the following:
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
(a)
The name of the holder of the special permit
for the wireless telecommunications facilities;
(b)
If applicable, the number of the special permit;
[Amended 5-21-2003 by Ord. No. 106-2003]
(c)
The date of the original granting of the special
permit;
(d)
Whether the wireless telecommunications facilities
have been moved, relocated, rebuilt, or otherwise visibly modified
since the issuance of the special permit and, if so, in what manner;
(e)
If the wireless telecommunications facilities
have been moved, relocated, rebuilt, or otherwise visibly modified,
then whether the Board approved such action, and under what terms
and conditions, and whether those terms and conditions were complied
with;
(f)
That the wireless telecommunications facilities
are in compliance with the special permit and compliance with all
applicable codes, laws, rules and regulations; and
(g)
Recertification that the tower and attachments
both are designed and constructed and continue to meet all City, state
and federal structural requirements for loads, including wind and
ice loads. Such recertification shall be by a professional engineer
licensed in the state, the cost of which shall be borne by the applicant.
(2)
If, after such review, the Building Official determines
that the permitted wireless telecommunications facilities are in compliance
with the special permit and all applicable statutes, laws, local laws,
ordinances, codes, rules and regulations, then the Building Official
shall issue a recertification of the special permit for the wireless
telecommunications facilities, which may include any new provisions
or conditions that are mutually agreed upon or that are required by
applicable statutes, laws, ordinances, codes, rules or regulations.
If, after such review, it is determined that the permitted wireless
telecommunications facilities are not in compliance with the special
permit and all applicable statutes, laws, ordinances, codes, rules
and regulations, then the Building Official may refuse to issue a
recertification special permit for the wireless telecommunications
facilities, and in such event, such wireless telecommunications facilities
shall not be used after the date that the applicant receives written
notice of the decision by the Building Official until such time as
the facility is brought into compliance. Any decision requiring the
cessation of use of the facility or imposing a penalty shall be in
writing and supported by substantial evidence contained in a written
record and shall be promptly provided to the owner of the facility.
(3)
If the applicant has submitted all of the information requested and required by this chapter, and if the review is not completed, as noted in Subsection O(2) of this section, prior to the five-year anniversary date of the special permit, or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special permit for up to six months, for the completion of the review.
(4)
If the holder of a special permit for wireless telecommunications facilities does not submit a request for recertification of such special permit within the time frame noted in Subsection O(1) of this section, then such special permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special permit, or subsequent five-year anniversaries, as the case may be, unless the holder of the special permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the Building Official agrees that there were legitimately extenuating circumstances, then the holder of the special permit may submit a late recertification request or application for a new special permit.
P.
Extent and parameters of special permit for wireless
telecommunications facilities. The extent and parameters of a special
permit for wireless telecommunications facilities shall be as follows:
(1)
Such special permit shall be nonexclusive;
(2)
Such special permit shall not be assigned, transferred
or conveyed without the express written approval of the Board, which
shall not be unreasonably withheld. The applicant shall submit an
executed assignment and assumption agreement to the Board prior to
obtaining such approval by which the assignee or transferee agrees
to all requirements of this chapter and the special permit.
[Amended 5-23-2002 by Ord. No. 106-2002]
(3)
Such special permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled, or terminated
for a violation of the conditions and provisions of the special permit,
or for a material violation of this chapter after prior written notice
to the holder of the special permit.
Q.
Application fee.
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003; 6-15-2004 by Ord. No.
137-2004; 12-14-2004 by Ord. No. 284-2004]
(1)
At the time that a person submits an application for
a special permit for a New Tower or to increase the height of a tower
or structure, such person shall pay a nonrefundable application fee
of $5,000 to the City. If the application is for a special permit
for collocating on an existing tower or other suitable existing building,
where no increase in height of the tower or structure is required,
the nonrefundable fee shall be $1,500.
[Amended 2-15-2011 by Ord. No. 43-2011]
(2)
In reference to Subsection N(5) of this section, if the applicant has not obtained a building permit for construction pursuant to the special permit approved by the Planning Board by the deadline established in this ordinance, as may be extended by the Planning Board in accordance with Subsection N(5), the applicant shall be able to make application for reapproval of the special permit for the wireless telecommunications facility. Where the applicant can demonstrate a) that the special permit application is totally consistent with the previously approved wireless telecommunications facility; b) that there has been no wireless telecommunications facility additions or changes on the lot where such facility has been approved; c) that no changes have been made in this ordinance that would require a modification of said approved facility; and d) that the application is made within two years of the original date of special permit approval, an application for reapproval may be made to the Planning Board, which application shall not be denied unless it is found that the aforesaid conditions are not correct. For such application for reapproval, the nonrefundable fee shall be $525. In the case of any modification to the original approved application, the fees provided in Subsection Q(l) shall apply.
(3)
In reference to Subsection O(1) of this section, regarding recertification of a special permit for wireless telecommunications facilities, in order for the Building Official to be able to make a determination that the permitted wireless telecommunications facilities are in compliance with the special permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, a nonrefundable fee shall be paid for the review of the submitted materials and building card information, before a recertification of the special permit for the wireless telecommunications facilities shall be issued. Such fee for review and recertification shall be $1,000 for the first and any subsequent five-year anniversary date after the effective date of the special permit.
[Added 3-17-2009 by Ord. No. 53-2009; amended 2-15-2011 by Ord. No. 43-2011]
R.
Performance security. The applicant for any proposed wireless telecommunications facilities property site shall, at its cost and expense, be required to execute and file with the City a performance bond for a minimum of six years, which bond may be submitted as a one-year bond accompanied by an affidavit from a corporate officer of the applicant attesting that such bond shall be renewed annually during the six-year period, and if such bond is not so renewed or cancelled at any time during such period, a replacement bond shall be immediately delivered to the City on the same terms as the original bond, or other form of security acceptable to the Corporation Counsel of the City as to type of security and the form and manner of execution, in an amount of at least $15,000 for other than a New Tower and of at least $75,000 for a New Tower and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the special permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special permit. Upon recertification of a special permit for wireless telecommunications facilities, prior to the five-year anniversary date after the effective date of the special permit, and in accordance with § 331-99O, a new performance bond or other form of security acceptable to the Corporation Counsel of the City shall be given to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit recertified pursuant to this chapter.
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
S.
Reservation of authority to inspect wireless telecommunications
facilities. In order to verify that the holder of a special permit
for wireless telecommunications facilities and any and all lessees,
renters, and/or licensees of wireless telecommunications facilities,
place and construct such facilities, including towers and antennas,
in accordance with all applicable technical, safety, fire, building,
and zoning codes, laws, ordinances and regulations and other applicable
requirements, the City may inspect all facets of said permit holder's,
renter's, lessee's or licensee's placement, construction, modification
and maintenance of such facilities, including, but not limited to,
towers, antennas and buildings or other structures constructed or
located on the permitted site.
T.
Annual certifications.
[Amended 5-23-2002 by Ord. No. 106-2002]
(1)
The holder of the special permit shall annually submit
certification of a professional engineer certifying to the City with
identified protocol that NIER levels at the site are within the threshold
levels adopted by the FCC.
(2)
The holder of the special permit shall annually submit
certification of a professional engineer certifying to the City with
identified protocol that its wireless telecommunications facilities
meet City, state, and federal standards, including but not limited
to all requirements of this chapter and the special permit
U.
Liability insurance.
(1)
A holder of a special permit for wireless telecommunications
facilities shall secure and at all times maintain public liability
insurance for personal injuries, death and property damage, and umbrella
insurance coverage, for the duration of the special permit in amounts
as set forth below.
(2)
The commercial general liability insurance policy
shall specifically include the City and its officers, boards, employees,
committee members, attorneys, agents and consultants as additional
named insureds.
(3)
The insurance policies shall be issued by an agent
or representative of an insurance company licensed to do business
in the state and with a Best's rating of at least A.
(4)
The insurance policies shall contain an endorsement
obligating the insurance company to furnish the City with at least
30 days' prior written notice in advance of the cancellation of the
insurance.
(5)
Renewal or replacement policies or certificates shall
be delivered to the City at least 15 days before the expiration of
the insurance that such policies are to renew or replace.
(6)
Before construction of a permitted wireless telecommunications
facilities is initiated, the holder of the special permit shall deliver
to the City a copy of each of the policies or certificates representing
the insurance in the required amounts.
V.
Defense and indemnification.
(1)
Any application for wireless telecommunication facilities
that is proposed for City property, pursuant to this chapter, shall
contain a provision with respect to defense and indemnification. Such
provision shall require the applicant, to the extent permitted by
the law, to at all times defend, indemnify, protect, save, hold harmless,
and exempt the City, and its officers, boards, employees, committee
members, attorneys, agents, and consultants, from any and all penalties,
damages, costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, products, performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility, excepting, however, any portion of such claims,
suits, demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the City, or
its servants or agents. With respect to the penalties, damages or
charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the City.
W.
Fines.
(1)
In the event of a violation of this section or any
special permit issued pursuant to this section, the City may impose
and collect, and the holder of the special permit for wireless telecommunications
facilities shall pay to the City, fines or penalties as set forth
below.
(2)
A violation of this local section is hereby declared
to be a violation, punishable by a fine not exceeding $1,000 per day
per occurrence or imprisonment for a period not to exceed 15 days.
Each day's continued violation shall constitute a separate additional
violation.
(3)
Notwithstanding anything in this section, the holder
of the special permit for wireless telecommunications facilities may
not use the payment of fines, liquidated damages or other penalties
to evade or avoid compliance with this section or any section of this
chapter. An attempt to do so shall subject the holder of the special
permit to termination and revocation of the special permit. The City
may also seek injunctive relief to prevent the continued violation
of this section, without limiting other remedies available to the
City.
X.
Default and/or revocation.
(1)
If wireless telecommunications facilities are repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
section or of the special permit, then the City shall notify the holder
of the special permit in writing of such violation. Such notice shall
specify the nature of the violation or noncompliance and that the
violations must be corrected within seven days of the date of the
postmark of the notice, or of the date of personal service of the
notice, whichever is earlier. Notwithstanding anything to the contrary
in this subsection or any other section of this chapter, if the violation
causes, creates or presents an imminent danger or threat to the health
or safety of lives or property, the City may, at its sole discretion,
order the violation remedied within 24 hours.
(2)
If, within the period set forth in Subsection X(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this chapter, or of the special permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the City may revoke such special permit for wireless telecommunications facilities, and shall notify the holder of the special permit within 48 hours of such action.
Y.
Removal of wireless telecommunications facilities.
(1)
Under the following circumstances, the City may determine
that the health, safety, and welfare interests of the City warrant
and require the removal of wireless telecommunications facilities.
(a)
Wireless telecommunications facilities with
a permit have been abandoned (i.e., not used as wireless telecommunications
facilities) for a period exceeding 90 days or a total of 180 days
in any three-hundred-sixty-five-day period, except for periods caused
by force majeure or acts of God, in which case, repair or removal
shall commence within 90 days;
(b)
Permitted wireless telecommunications facilities
fall into such a state of disrepair that it creates a health or safety
hazard;
(c)
Wireless telecommunications facilities have
been located, constructed, or modified without first obtaining, or
in a manner not authorized by, the required special permit, or any
other necessary authorization.
(2)
If the City makes such a determination as noted in Subsection Y(1) of this section, then the City shall notify the holder of the special permit for the wireless telecommunications facilities and the record owner of the property by certified mail return receipt requested within 48 hours that said wireless telecommunications facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
[Amended 9-16-2003 by Ord. No. 204-2003]
(3)
The holder of the special permit, its successors or
assigns, or the record owner of the property shall dismantle and remove
such wireless telecommunications facilities, and all associated structures
and facilities, from the site and restore the site to as close to
its original condition as is possible, such restoration being limited
only by physical or commercial impracticability, within 90 days of
receipt of written notice from the City. However, if the owner of
the property upon which the wireless telecommunications facilities
are located wishes to retain any access roadway to the wireless telecommunications
facilities, the owner may do so with the approval of the City.
[Amended 9-16-2003 by Ord. No. 204-2003]
(4)
If wireless telecommunications facilities are not
removed or substantial progress has not been made to remove the wireless
telecommunications facilities within 90 days after the permit holder
and the record owner of the property have received notice, then the
City may order officials or representatives of the City to remove
the wireless telecommunications facilities at the sole expense of
the owner or special permit holder.
[Amended 9-16-2003 by Ord. No. 204-2003]
(5)
If the City removes, or causes to be removed, wireless
telecommunications facilities, and the owners of the wireless telecommunications
facilities or the record owner of the property do not claim and remove
them from the site to a lawful location within 10 days, then the City
may take steps to declare the wireless telecommunications facilities
abandoned and sell them and their components. Any costs incurred by
the City in connection with this section shall be assessed as a lien
against the property with an additional 10% administrative fee, pursuant
to § 200 of the City Charter.
[Amended 9-16-2003 by Ord. No. 204-2003]
(6)
Notwithstanding anything in this chapter to the contrary,
the City may approve a temporary use permit/agreement for the wireless
telecommunications facilities for no more than 90 days, during which
time a suitable plan for removal, conversion, or relocation of the
affected wireless telecommunications facilities shall be developed
by the holder of the special permit or the record owner of the property,
subject to the approval of the City, and an agreement to such plan
shall be executed by the holder of the special permit or the record
owner of the property and the City. If such a plan is not developed,
approved and executed within the ninety-day time period, then the
City may take possession of and dispose of the affected wireless telecommunications
facilities in the manner provided in this section.
[Amended 9-16-2003 by Ord. No. 204-2003]
Z.
Relief. Any applicant desiring relief, waiver or exemption
from any aspect or requirement of this chapter may request such at
the preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special permit,
or in the case of an existing or previously granted special permit
a request for modification of its tower and/or facilities. Such relief
may be temporary or permanent, partial or complete. However, the burden
of proving the need for the requested relief, waiver or exemption
is solely on the applicant to prove. The applicant shall bear all
costs of the Board and City in considering the request and the relief,
waiver or exemption. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief, waiver or exemption will have no significant
affect on the health, safety and welfare of the City, its residents
and other service providers.
AA.
Small Wireless Telecommunications Facilities. The following regulations
shall apply to all Small Wireless Telecommunications Facilities:
[Added 4-21-2020 by Ord.
No. 2020-46[2]]
(1)
Location of Small Wireless Telecommunications Facilities. Small Wireless Telecommunications Facilities are permitted in all zoning districts and are subject to the requirements of § 331-99.
(a)
To the extent technically feasible, no Small Wireless Telecommunications
Facility requiring the installation of a new pole shall be located
closer than 500 feet horizontally to any property line of any public,
private and/or state-chartered preschool, elementary school, or secondary
school.
(b)
To the extent technically feasible, no Small Wireless Telecommunications
Facility requiring the installation of a new pole shall be located
closer than 500 feet horizontally to any property line of any nursing
home.
(c)
No Small Wireless Telecommunications Facilities shall be located
in the Front Facade Area of a residential structure or use but rather,
if required, such facilities shall be located at the intersecting
point of the front and side property lines. When located within 250
feet of a residential use or structure, the applicant shall notify
the owners of property located within such 250 feet of the proposed
facility. Such notice shall be sent by certified mail within five
days of filing for approval from the City.
(d)
Where possible, Small Wireless Telecommunications Facilities
shall be installed with stealth technology and or installed behind
existing traffic or other municipal signage or other such camouflaging
methods as defined in The City of New Rochelle Small Telecommunications
Facility Design Manual.
(2)
Franchise required. Prior to the consideration of any application for an administrative special permit for a Small Wireless Telecommunications Facility, the applicant shall obtain a Telecommunications Franchise from the City Council in accordance with Chapter 292 of the City Code.
(3)
Administrative special permit required. All applicants for a proposed Small Wireless Telecommunications Facility shall be required to obtain an administrative special permit from the City Commissioner of Development, subject to the requirements of this § 331-99AA. Prior to filing an application for an administrative special permit, all applicants for a Small Wireless Telecommunications Facilities may request a preapplication meeting with the City Commissioner of Development and Commissioner of Public Works in order to address any concerns the City may have specific to the proposed site. This preapplication meeting may be conducted in person or via teleconference at the discretion of the City.
(4)
All applications for the construction or installation of new
Small Wireless Telecommunications Facilities shall contain the information
hereinafter set forth. The application shall be signed by an authorized
individual on behalf of the applicant. The application shall include
the following information:
(a)
The name, address and phone number of the person preparing the
application;
(b)
The name, address, and phone number of the property owner, operator,
and applicant, and to include the legal form of the applicant;
(c)
The coordinates and closest street address/intersection of the
proposed Small Wireless Telecommunications Facility;
(d)
The Zoning District or designation in which the property is
situated or through which the right-of-way traverses;
(e)
If the proposed Small Wireless Telecommunications Facility requires
the installation of a new pole, a diagram showing the location of
the pole and all lot lines, prepared by a licensed land surveyor or
engineer;
(f)
The location of all residential structures within a 250-foot
radius and the location of schools and nursing homes within a 500-foot
radius;
(g)
The location, size and height of all structures on the property
to the extent the Small Wireless Telecommunication Facility is not
in a right-of-way;
(h)
The location, size and height of all proposed and existing antennas
and all appurtenant structures;
(i)
The type, locations and dimensions of all proposed and existing
landscaping, and fencing for a Small Wireless Telecommunications Facility
requiring a new utility pole, if applicable;
(j)
The number, type and design of the Small Wireless Telecommunications
Facilities proposed and, if a utility pole is installed, the basis
for the calculations of the utility pole's capacity to accommodate
multiple users;
(k)
The make, model and manufacturer of any new utility pole and
Antenna(s) being installed;
(l)
A description of the utility pole and Antenna(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, color and lighting;
(m)
The frequency, modulation and class of service of radio or other
transmitting equipment;
(n)
The actual intended transmission and the maximum effective radiated
power of the antenna(s);
(o)
Direction of maximum lobes and associated radiation of the antenna(s);
(p)
Certification that the NIER levels at the proposed site are
within the threshold levels adopted by the FCC. Information will include
but not be limited to requirements under OET-65 or other pertinent
information;
(q)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities;
(r)
Any other documentation timely and reasonably required by the
Commissioner of Development and/or any third-party expert retained
by the City to review the application;
(s)
Where a certification is called for, such certification shall
bear the signature and seal of a professional engineer licensed in
the state or a radio-frequency engineer; and
(t)
Proof that the applicant has notified the property owners of
residence within the 250-foot radius.
(5)
Preapplication meeting. Unless waived by the Commissioner of
Development, there shall be a preapplication meeting. The purpose
of the preapplication meeting will be to address issues which will
help to expedite the review and permitting process and ensure compliance
with the applicable federal timeframe for review. A preapplication
meeting may also include a site visit if there has not been a prior
site visit for the requested site.
(6)
Rejection. Applications not meeting the requirements stated
herein or which are otherwise incomplete may be the subject of a notice
of incompleteness issued by the City Commissioner of Development.
(7)
General permitting. A holder of an administrative special permit
granted under this section shall obtain, at its own expense, all permits
and licenses required by applicable law, rule, regulation or code,
and must maintain the same, in full force and effect, for as long
as required by the City or other governmental entity or agency having
jurisdiction over the applicant.
(8)
Standard of care. Any Small Wireless Telecommunications Facility
shall be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, as per the New York State Building Code, current edition. Any
Small Wireless Telecommunications Facility shall at all times be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not endanger the
life of any Person or damage any property in the City.
(9)
Wind and ice. The applicant shall certify that the Small Wireless
Telecommunications Facility, foundation and attachments are designed
and will be constructed to meet all local, City, state and federal
structural requirements for loads, including wind and ice loads.
(10)
NIER levels. A Small Wireless Telecommunications Facility shall
not, by itself or in conjunction with other Wireless Telecommunications
Facilities, generate radiofrequency emissions in excess of the standards
and regulations of the Federal Communications Commission, including
but not limited to the Federal Communications Commission Office of
Engineering Technology Bulletin 65 entitled "Evaluating Compliance
with Federal Communications Commission Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
of a Small Wireless Telecommunications Facility shall provide certification
of the Small Wireless Telecommunications Facility's compliance with
the NIER standards and regulations of the Federal Communications Commission
by a radio frequency engineer or licensed engineer to the City's Commissioner
of Development upon initial construction of the Small Wireless Telecommunications
Facility and once every three years thereafter. If the Small Wireless
Telecommunications Facility is modified at any time following issuance
of the initial permits by the City, the owners of the Small Wireless
Telecommunications Facility shall submit recertification of compliance
with the standards and regulations of the Federal Communications Commission
to the City Commissioner of Development following such modification.
(11)
Grounding. The applicant shall certify that the Small Wireless
Telecommunications Facility will be effectively grounded and bonded
so as to protect persons and property and installed with appropriate
surge protectors.
(12)
Supplemental statements. Any and all representations made by
the applicant to the City Commissioner of Development on the record
during the application process, whether written or verbal, shall be
deemed a part of the application and may be relied upon in good faith
by the City Commissioner of Development.
(13)
Time, place and manner. The City Commissioner of Development
shall determine the time, place and manner of construction, maintenance,
repair and/or removal of all Small Wireless Telecommunications Facilities
in the Right-of-Way (ROW) based on public safety, traffic management,
physical burden on the ROW and related considerations in accordance
with law and/or the Franchise Agreement.
(14)
Accessory equipment.
(a)
Small Wireless Telecommunications Facilities and Accessory Equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the City.
(b)
To the extent utilities are already underground, all utilities
at a Small Wireless Telecommunications Facility site shall be installed
underground in compliance with all laws, ordinances, rules and regulations
of the City, including specifically, but not limited to, the National
Electrical Safety Code and the National Electrical Code where appropriate.
(c)
The owner of a Small Wireless Telecommunications Facility shall
repair any damaged Accessory Equipment within 10 days of receipt of
notice from the City.
(15)
Collocation efforts. An applicant for a Small Wireless Telecommunications
Facility requiring the installation of a new utility pole shall be
required to submit a written report demonstrating the Applicant's
meaningful efforts to secure shared use of existing utility poles
and other structures on which collocation is feasible. Copies of written
requests and responses for shared use shall be provided to the Commissioner
of Development in the application, along with any letters of rejection
stating the reason for rejection.
(16)
Graffiti. Any graffiti on the Small Wireless Telecommunications
Facility or on any Accessory Equipment shall be removed at the sole
expense of the owner within 30 days of notification by the City.
(17)
Modification. To the extent required by federal and state law,
the holder of an administrative special permit shall notify the City
of any intended initial modification of a Small Wireless Telecommunications
Facility and the holder shall apply to the City to substantially modify,
relocate or rebuild a Small Wireless Telecommunications Facility.
Substantial modification as defined herein shall require an amended
administrative special permit.
(18)
Design regulations. All Small Wireless Telecommunications Facilities
shall be designed to meet the requirements of the City Small Wireless
Telecommunications Facility Design Manual, a copy of which is kept
on file at the City Bureau of Buildings. All Small Wireless Telecommunications
Facilities shall be maintained in compliance with such requirements
for the duration of their operation.
(19)
Timing of approval.
(a)
Within 60 days of receipt of a complete application for Collocation
of a Small Wireless Telecommunications Facility on a preexisting utility
pole, the City Commissioner of Development shall make a final decision
on whether to approve the application and shall notify the Applicant
in writing of such decision.
(b)
Within 90 days of receipt of an application for a Small Wireless
Telecommunications Facility requiring the installation of a new utility
pole, the City Commissioner of Development shall make a final decision
on whether to approve the application and shall notify the Applicant
in writing of such decision.
(c)
Within 10 calendar days of the date that an application for
a Small Wireless Telecommunications Facility is filed with the City
Commissioner of Development, the Commissioner of Development shall
notify the Applicant in writing of any information that may be required
to complete such application.
(20)
Relocation or removal of facilities. Within 90 days following
written notice from the City, or such longer period as the City determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a Small Wireless Telecommunications Facility in the ROW
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any Small Wireless Telecommunications
Facility when the City, consistent with its police powers, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
City or other public improvement in the right-of-way;
(b)
The operations of the City or other governmental entity in the
Right-of-Way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the City.
(21)
Removal. In the event that use of a Small Wireless Telecommunications
Facility is to be discontinued, the owner shall provide written notice
to the City of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned Wireless Telecommunications
Facilities, or portions of Wireless Telecommunications Facilities,
shall be removed as follows:
(a)
All abandoned or unused Wireless Telecommunications Facilities
and Accessory Equipment shall be removed within 60 days of the cessation
of operations at the site unless a time extension is approved by the
City.
(b)
If the Wireless Telecommunications Facility or Accessory Equipment
is not removed within 60 days of the cessation of operations at a
site, or within any longer period approved by the City, the Wireless
Telecommunications Facility and/or associated facilities and equipment
may be removed by the City and the cost of removal assessed against
the owner of the Wireless Telecommunications Facility.
(22)
Reimbursement for Right-of-Way use. In addition to permit fees
as described in this section, every Small Wireless Telecommunications
Facility in the Right-of-Way is subject to the City's right to require
a franchise agreement which provides for an annual fee for use and
occupancy of the Right-of-Way. Such compensation for Right-of-Way
use shall be directly related to the City's actual Right-of-Way management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other Right-of-Way management activities by the City. The owner
of each Small Wireless Telecommunications Facility shall pay an annual
fee to the City to compensate the City for the City's costs incurred
in connection with the activities described above as set forth in
the franchise agreement.
BB.
Adherence to state and/or federal rules and regulations.
[Amended 4-21-2020 by Ord. No. 2020-46]
(1)
To the extent that the holder of a special permit
or administrative special permit for wireless telecommunications facilities
has not received relief, or is otherwise exempt, from appropriate
state and/or federal agency rules or regulations, then the holder
of such a special permit or administrative special permit shall adhere
to, and comply with, all applicable rules, regulations, standards,
and provisions of any state or federal agency, including, but not
limited to, the FAA and the FCC. Specifically included in this requirement
are any rules and regulations regarding height, lighting, security,
electrical and RF emission standards.
(2)
To the extent that applicable rules, regulations,
standards, and provisions of any state or federal agency, including
but not limited to, the FAA and the FCC, and specifically including
any rules and regulations regarding height, lighting, and security
are changed and/or are modified during the duration of a special permit
or administrative special permit for wireless telecommunications facilities,
then the holder of such a special permit shall conform the permitted
wireless telecommunications facilities to the applicable changed and/or
modified rule, regulation, standard, or provision within a maximum
of 24 months of the effective date of the applicable changed and/or
modified rule, regulation, standard, or provision, or sooner as may
be required by the issuing entity.
CC.
Conflict with other laws. Where this section differs
or conflicts with other laws, rules and regulations, unless the right
to do so is preempted or prohibited by the City, state or federal
government, this section shall control.
The Planning Board may approve a special permit
for motor vehicle filling and service stations, provided the following
standards and conditions are met:
A.
The minimum lot frontage along a public street shall
be 150 feet with a lot depth of no less than 100 feet.
B.
All repair work and servicing, except for the sale
of fuel, shall be performed within a fully enclosed building.
C.
A minimum of three tandem parking or queuing spaces
per pump island shall be provided at all filling stations.
D.
All vehicles being repaired or serviced, and all products
for sale, including automobile parts (except lubricants, antifreeze,
or window washing fluid in sealed containers which may be displayed
in a suitable rack or stand), shall be stored within a fully enclosed
building, and no unregistered (or wrecked) vehicles shall be stored
on site.
E.
No part of any building, equipment, or pump shall
be located within 30 feet of any residence district, or within 15
feet of any street or lot line.
F.
Petroleum, diesel, or other flammable oils in bulk
quantities shall be stored fully underground, in accordance with New
York State DEC Part 614 Regulations.
G.
All motor vehicle filling stations service stations, shall be screened along all streets and property lines in accordance with § 331-119B of this chapter, except at points of ingress and egress. In addition to the requirements of § 331-119B, an evergreen hedge shall be provided along the street frontage portion of a lot, the height of which shall be no less than two nor more than three feet. When abutting a residential property or district, a fifteen-foot wide landscape buffer will be required along the side and rear yards that includes an opaque fence that is six feet in height along the property line and a minimum of one evergreen tree for each 20 linear feet along the side or rear lot lines.
H.
No motor vehicle filling station or service station
shall be located within 1,000 feet of the property line of another,
and/or a motor vehicle service and repair facility, motor vehicle
rental agency, and/or dealership.
I.
Access driveways shall not be located within 50 feet
of an intersection of two streets as measured from the curbline.
J.
Entrance and exit driveways shall not total more than
two in number and shall not be located closer than 15 feet to each
other, or any side lot line.
L.
The sale of motor vehicles shall not be permitted.
M.
Convenience stores accessory to a motor vehicle filling
or service station shall be permitted, provided that the following
additional standards are met:
(1)
The hours of operation shall be determined by the
Planning Board at the time of consideration for special permit.
(2)
The gross floor area of the convenience store accessory
to a motor vehicle filling or service station shall not exceed 2,000
square feet.
(3)
Parking shall be provided to meet the demand for both the service or filling station and the convenience store in accordance with Article XIV of this chapter.
(4)
The filling or service station meets all the bulk
requirements and setback requirements of the zoning district in which
it is located.
(5)
All solid waste disposal units shall be set back a minimum of 25 feet from a residential district boundary and/or residential property line and shall be screened fully from the street and adjacent properties and shall comply with Chapter 250 of the New Rochelle Code.
(6)
A minimum of one trash can shall be provided near
the entrance of the convenience store accessory to a motor vehicle
filling or service station.
The Planning Board shall approve a special permit
for motor vehicle service or repair facility, provided the following
standards and conditions are met:
A.
No building shall be located within 30 feet of a residential
district boundary or within 10 feet of a building containing a legally
nonconforming residential use.
[Amended 5-21-2003 by Ord. No. 106-2003]
B.
All repair work shall be performed within a fully
enclosed building.
C.
All vehicles in the process of repair or servicing,
and all products for sale, including automobile parts, shall be stored
within a fully enclosed building. No vehicles in the process of being
repaired shall be parked on any public right-of-way.
D.
Oil in bulk shall be stored fully underground, in
accordance with New York State DEC Part 614 Regulations.
E.
Access driveways shall not be located within 50 feet
of an intersection of two streets measured from the nearest perpendicular
circle and projected from the nearest intersecting street.
F.
Entrance and exit driveways shall total no more than
two in number and shall not be located closer than 15 feet to any
side lot line of each other.
G.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
I.
The hours of operation shall be limited to 6:00 a.m.
to 9:00 p.m.
J.
The sale of motor vehicles shall not be permitted.
[Amended 9-16-2003 by Ord. No. 204-2003]
The Planning Board shall approve a special permit
for a motor vehicle dealership, provided the following conditions
are met:
A.
The minimum lot frontage along a public street shall
be 150 feet with a lot depth of no less than 100 feet, and the minimum
lot area shall be 1/2 acre, or four acres in the C-1M General Commercial
Modified Zone.
[Amended 1-16-2018 by Ord. No. 14-2018]
B.
Landscaping, screening and buffer areas shall be provided in accordance with the more stringent of the two following sections: §§ 331-119.1B and 331-130 of this chapter.
[Amended 4-17-2014 by Ord. No. 69-2014]
D.
All exterior lighting shall be designed and oriented
so as to minimize the visual impact upon adjacent and nearby residential
properties. The Planning Board shall determine what time exterior
lights shall be dimmed and/or turned off for the night. A photometric
plan shall be submitted for review by the Building Official.
[Amended 4-17-2014 by Ord. No. 69-2014]
E.
The hours of operation shall be limited to 6:00 a.m.
to 9:00 p.m.
F.
No exterior public address system shall be permitted.
G.
No exterior display of banners, pennants, ribbons,
or other similar temporary advertising materials shall be permitted
in any outdoor sales area.
H.
Employee parking provided on site as required by Article XIV of this chapter shall be designated by signage indicating "This space is reserved for employees." Parking areas designated for employees shall not be used for vehicle storage, repair or finishing work, display or customer parking.
[Added 4-17-2014 by Ord. No. 69-2014]
I.
The required customer parking shall be designated by signage indicating
"This space is reserved for customers." Parking areas designated for
customers shall not be used for vehicle storage, repair or finishing
work, display or employee parking.
[Added 4-17-2014 by Ord. No. 69-2014]
J.
For new construction, all vehicle storage and the bulk of the required
parking, save for any required customer parking, shall be located
in the rear of the building and shall be screened from abutting properties
and the street, as allowable by the Code. Customer parking shall be
located as close to the front entrance as permitted by the site restrictions
and this Code.
[Added 4-17-2014 by Ord. No. 69-2014]
K.
Landscaping and buffers.
[Added 4-17-2014 by Ord. No. 69-2014]
(1)
All parking and vehicle storage shall be screened from the street and from the abutting properties. All site and perimeter landscaping required by §§ 331-119.1 and/or 331-130 shall be native, noninvasive species, drought resistant, and shall be planted to a minimum height of 36 inches. In addition to any required landscaping pursuant to §§ 331-119.1 and/or 331-130, the dealership shall design and construct a second landscape buffer strip set back from the interior edge of the required perimeter landscaping an appropriate distance to accommodate up to two rows of cars. This second landscape buffer strip shall be a minimum of eight feet in width and shall be planted with densely spaced evergreen plantings a minimum of 36 inches tall. The area between the two landscape buffer strips shall be able to park up to two rows of cars given the typography of the site. The intent of the two buffer strips is to provide an outdoor showroom to display vehicles for sale. This landscaping requirement shall be counted towards any requisite interior landscaping that may be required by §§ 331-119.1 and/or 331-130.
(2)
When the lot is less than an acre in size and the applicant cannot accommodate the second landscape buffer at the site, then the required perimeter landscape buffer strip shall be a minimum of 10 feet in width and shall be planted with evergreen plantings a minimum of 36 inches tall so as to tightly screen the site from the street. This landscaping requirement shall be counted towards any interior landscaping that may be required by §§ 331-119.1 and/or 331-130.
(3)
If the lot shall have two frontages, the aforementioned shall
apply to only one frontage and the Building Official shall determine
which frontage shall comply with this section.
(4)
If the applicant believes that the typography and site constraints limit his/her ability to comply with § 331-102K, either partially and/or in its entirety, the applicant shall request a waiver from the Planning Board for the additional buffer; however, the applicant shall comply with any and all landscaping required by §§ 331-119.1 and/or 331-130, including any interior islands.
L.
The building design shall address and relate to the scale, massing,
setbacks and materials in relationship to neighboring properties and
the neighborhood in general. The proposal shall be reviewed by the
Peer Architectural Review Committee.
[Added 4-17-2014 by Ord. No. 69-2014]
M.
The hours of loading and unloading of vehicles shall be determined
by the Planning Board. All loading and unloading shall occur on the
subject site and not in or on the public right-of-way. Except in the
C-1M Zone, if the site is unable to accommodate the loading and unloading
on site due to site constraints and/or the size of the lot, the applicant
shall request that the City's Traffic Engineer evaluate the feasibility
of the installation of a loading zone within 250 feet of the subject
site. In making such a determination, the Traffic Engineer shall consider
the traffic impact to any abutting residentially zoned districts.
Said loading zone, if permitted by the Traffic Engineer, shall have
appropriate signage indicating the hours when the loading zone is
in effect, that parking is not permitted during those hours and that
it is a tow-away zone. Additionally, if the applicant owns/leases
property within the Cl -M Zone or any other zone where parking and
storage of vehicles is permitted, the applicant shall request from
the Planning Board the ability to utilize the second site for loading
and unloading of vehicles. The second site shall comply with all Code
requirements.
[Added 4-17-2014 by Ord. No. 69-2014; amended 1-16-2018 by Ord. No. 14-2018]
N.
Vehicles to be repaired or serviced shall not be parked or stored
on any street, alley or public right-of-way.
[Added 4-17-2014 by Ord. No. 69-2014]
O.
Service bay doors shall not face residentially zoned districts.
[Added 4-17-2014 by Ord. No. 69-2014]
P.
All motor vehicle dealerships shall be subject to an annual inspection
by the Building Official or his designee.
[Added 4-17-2014 by Ord. No. 69-2014]
Q.
In the C-1M General Commercial Modified Zone, accessory uses, excluding
parking for employees and customers, shall not occupy more than 30%
of the lot area.
[Added 1-16-2018 by Ord.
No. 14-2018]
R.
Each service bay shall have a minimum of two queuing spaces.
[Added 1-16-2018 by Ord.
No. 14-2018]
The Planning Board shall approve a special permit
for a motor vehicle rental agency, provided the following conditions
are met:
A.
The minimum lot frontage along a public street shall
be 150 feet with a lot depth of no less than 100 feet.
B.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
D.
All exterior lighting shall be designed and oriented
so as to minimize the visual impact upon adjacent and nearby residential
properties.
E.
The hours of operation shall be limited from 6:00
a.m. to 12:00 midnight.
Off-street parking shall be permitted on a lot in a residence district, subject to the issuance of a special permit by the Planning Board and subject to the special standards and requirements of § 331-126E(5) of this chapter.
The Planning Board may approve a special permit
for a car wash, provided the following conditions are met:
A.
No car wash shall be located within 1,000 feet of
the property line of another.
B.
The minimum lot frontage along a public street shall
be 150 feet with a lot depth of no less than 100 feet.
C.
The site is not within 200 of the boundary of a residential
district and/or residential property line.
D.
All washing facilities shall be located within a completely
enclosed building that meets all yard setback requirements of the
district in which it is located.
E.
Vacuuming facilities may be permitted outside the
building or in the front and side yards, provided all setback requirements
for accessory structures are met.
F.
Drainage facilities shall be provided to prevent ponding
of water on the site and/or runoff onto streets or adjacent properties.
G.
All exterior lighting shall be designed and oriented
so as to minimize the visual impact upon adjacent and nearby residential
properties.
H.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
I.
Off-street parking shall be provided in accordance with Article XIV of this chapter. When such use is accessory to a motor vehicle filling or service station, off-street parking shall be provided to meet the cumulative demand of such uses.
J.
The hours of operation shall be limited to 6:00 a.m.
to 12:00 midnight.
[Added 4-20-2004 by Ord. No. 90-2004]
The Planning Board may approve a special permit
for a self-storage facility in an LSR district, provided the following
conditions are met:
A.
The self-storage facility is located on a perimeter
lot within an LSR-zoned district and the facility serves as a transitional
use and buffer between a residentially zoned district and a more intensive
commercial use that may be allowed as of right in an LSR district.
B.
The self-storage facility is located on a building
lot not exceeding two acres in area.
A.
When proposed in a residence district, above ground public utility uses shall be subject to a finding, in addition to the standards of § 331-89, that a public necessity exists for such use, and that the use of the particular site for which application is made is either necessary or appropriate from a public standpoint.
B.
The Planning Board shall require that such use be
enclosed by protective fencing with a gate which shall be closed and
locked except when necessary to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted, and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped in accordance with § 331-119B of this chapter and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.
[Amended 6-15-2004 by Ord. No. 137-2004]
The construction or erection of any bulkhead, dock, float, pier, pile, wharf, breakwater or similar structure (including similar structures for use by private residences) upon any plot or parcel of land within the limits of the City, either above or below the high-water mark, shall be permitted only after the issuance of a special permit therefor by the Planning Board upon application in accordance with § 331-88A of this chapter. Prior to consideration of any such application, the Board shall require the filing of plans of the structure to be erected, prepared by a duly licensed professional engineer, or registered architect with the Planning Board and with the Building Official of the City of New Rochelle. In considering such application the Board shall take into account the public health, safety and general welfare and the comfort and convenience of the general public. The Planning Board may approve such application subject to the following conditions:
A.
The structure and any boats docked to said structure
do not extend beyond the pierhead line.
B.
The appropriate permits are received from the Army
Corps of Engineers, Coast Guard, DEC or any other agency having jurisdiction.
C.
Boats at docking facilities shall not be used for
overnight sleeping purposes.
D.
The proposed structure will not impair navigation
or reasonable access to adjacent docks or wharves.
E.
The proposed structure will not unduly interfere with
public use of waterways for swimming, boating, fishing, and the like.
F.
The proposed structure will not unduly restrict tidal
flow or water circulation.
G.
Treated lumber, when used for construction, shall
be of a sealed, nonleaching type.
H.
All vehicular entrances and exits to and from facilities
designed for the parking of five or more vehicles, whether open or
enclosed, or for continuous drive-in traffic of any sort, shall be
subject to approval by the Planning Board which, in its discretion,
shall determine the adequacy of all proposed safety features.
I.
The disturbance of natural vegetation and topography
during construction activities shall be minimized to the greatest
degree practicable. To this end, an erosion and sediment control plan,
in accordance with the Westchester County Best Management Practices
Manual, shall be prepared where clearing and/or grading of land is
proposed.
Playgrounds, tennis courts and recreation buildings
for the exclusive use of residents of the neighborhood, provided that
no entertainment, live or mechanical, or the use of outdoor public
address systems or excessive exterior public lighting shall be permitted.
Outdoor swimming pools, as an accessory structure to a principal building used for multifamily residence purposes for the exclusive use of the occupants of said building and their guests, as an accessory structure to a community purpose building as defined in Article II of this chapter, with a minimum lot area of two acres for the exclusive use of members of the organization maintaining such buildings and for the use of their guests; as an accessory structure to an annual membership club with a minimum lot area of two acres organized for beach, golf, tennis, yacht or similar purposes and not to be used for an activity commonly construed as a business upon a determination that such use is consistent with the public health, safety, morals and general welfare of the community after taking into consideration the location and size of the plot, the site, the plans and detailed building plans of such swimming pool and any accessory buildings, showing dimensions, design, elevation, location and uses of all structures, drainage, sewerage and sanitary facilities, fences, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool as may be required by the Board of Appeals.
A.
Any permit granted by the Board of Appeals for such
use may prescribe reasonable rules and regulations for the operation,
maintenance and use of such swimming pool and accessory structures
consistent with the public health, safety, morals and general welfare
of the community.
B.
The Board of Appeals shall have the authority to specify
the distance from any property line where such pools may be located
upon determining that the location of any such pool, filter pumps
or other mechanical devices and their construction will not interfere
with the peace, comfort and repose of the occupant of any adjoining
buildings or residences and that any lights illuminating such swimming
pool shall be so directed as to eliminate direct rays and minimize
reflected rays of light on adjoining premises.
C.
A four-foot permanent fence or wall must be erected
and maintained around said pool, and said fence or wall must not be
more than 25 feet distant at any one point from the edge of the pool.
The fence or wall must be provided with a gate which must be locked
when the pool is not in use (applicable to all swimming pools).
[Amended 10-20-2009 by Ord. No. 199-2009]
[Added 3-23-2010 by Ord. No. 55-2010]
The Planning Board may approve a Tattoo Studio where such use
is permitted by a special permit, subject to the following conditions:
A.
The Tattoo
Studio shall be permitted only above the ground floor and only on
sites that are located within the Central Parking District;
B.
The Tattoo
Studio shall be no closer than 200 feet to a lot containing another
existing Tattoo Studio;
C.
The Tattoo
Studio shall be no closer than 200 feet to a lot containing any school
or park;
E.
The Tattoo
Studio shall obtain and maintain at all times any licenses and approvals
required now or in the future by Westchester County or the State of
New York governing such activities;
F.
The hours
of operation for any Tattoo Studio approved pursuant to this section
shall be limited to 8:00 a.m. to 11:00 p.m. Monday through Saturday
and from 12:00 p.m. to 11:00 p.m. on Sundays;
G.
Any special
permit approved pursuant to this section shall expire two years from
the date of approval and may be re-approved by the Planning Board
in accordance with the requirements of this section;
H.
Any distancing
restrictions provided in this section shall be measured along public
streets by the shortest route of pedestrian traffic between the respective
main public entrances or measured horizontally between the respective
main public entrances, whichever is greater.
[1]
Editor's Note: Former § 331-10,
Private residence pools, was repealed 3-17-2009 by Ord. No. 53-2009.
Provided that the following conditions shall
be met:
A.
The minimum lot area shall be 12 acres.
B.
The minimum frontage shall be 600 feet along a county
road.
C.
All buildings and structures shall be set back at
least 60 feet from the county road frontage and 120 feet from any
side property line.
D.
The maximum permitted floor area for all buildings
and structures shall not exceed 1,200 square feet.
E.
The applicant shall provide information so as to enable
the Board to determine the height of fencing/netting needed to contain
golf balls on the subject property. Such fencing/netting shall be
located from the property lines a distance of no less than equal to
the fall radius of the fence/netting posts plus 10 feet.
F.
The use of buildings and structures shall be limited
to the sale of golf balls and golf equipment. All vending machines
shall be located within a fully enclosed building.
G.
All golf driving ranges shall be limited to a maximum
of 90 tees, and the paved tee area shall be limited to 900 linear
feet.
H.
The minimum off-street parking space requirement shall
be one space for each tee.
I.
Hours of operation and site lighting shall cease at
10:00 p.m. daily.
J.
Ball collecting activity by mechanical and/or motorized
vehicles shall be prohibited prior to 8:00 a.m. daily.
[Amended 6-14-2005 by L.L. No. 2-2005; 12-6-2005 by L.L. No. 3-2005]
A.
No building in which there is an adult-oriented business as defined in Article II of this chapter shall be permitted:
(1)
Within 400 feet of any other building in which there
is an adult-oriented business.
(2)
Within 400 feet of a zoning district that permits
residential dwellings as a principal use, except where a mixed-use
or commercial/industrial boundary is adjacent to a public road or
railroad, said public road or railroad shall be included within the
calculation as part of the four-hundred-foot setback.
(3)
Within 400 feet of the property line of a school,
house of worship, public park, public recreation facility, public
community center, public library, or designated urban renewal area.
B.
No adult-oriented business shall exceed 5,000 square
feet in gross floor area.
C.
No adult-oriented business shall be permitted in any
building where the majority of the floor area of the building is in
residential use, including nonconforming residential uses.
D.
No person under the age of 18 years old shall be permitted
into the premises of an adult-oriented business.
E.
No adult-oriented business shall be permitted to provide
live entertainment on the premises which involves nude dancing that
is lewd, indecent or grossly sexual in nature. This shall not be construed
to include conduct of being nude that constitutes a part of a bona
fide live communication, demonstration or performance by a person
wherein such nudity is expressive conduct incidental to and necessary
for the conveyance or communication of a genuine message or public
expression and is not a guise or pretense utilized to exploit nudity
nor shall it include conduct that is protected by the United States
or New York State Constitution.
F.
Not more than one activity constituting an adult-oriented
business shall be permitted within a single building or on a single
lot.
G.
No adult-oriented business shall be established until
the issuance of a special use permit by the Planning Board and shall
be subject to following additional conditions of approval:
(1)
Adult-oriented businesses shall be located on lot(s)
which are a minimum of 50 feet from the property line of any lot(s)
containing nonconforming residential uses or private recreational
facilities, and shall be properly screened through the use of fences,
walls, landscaping or other measures from adjacent structures.
(2)
The exterior appearance of any building containing
an adult-oriented business shall be consistent with the character
of surrounding structures and shall not detract from the appearance
of the neighborhood.
(3)
Adult-oriented businesses shall conform with all existing
applicable sign regulations in addition to the following specific
requirements:
(a)
Signs which are illuminated in neon or which
contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements
which contain nude, seminude or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements
which contain nude, seminude or provocative pictures shall be located
a minimum of four feet from any window and shall not be visible from
the exterior of the establishment.
(d)
The maximum surface area of all signs visible
from the exterior of the establishment (including permanent and/or
temporary window and door signs) shall not exceed, in the aggregate,
100 square feet per establishment, of which no more than 50 square
feet may be illuminated nonflashing signs.
(e)
Permanent and/or temporary window and door signs
shall not occupy more than 20% of each window or door.
H.
An encroachment on any setback provided in this chapter
shall not disqualify an entire lot from being available for an adult-oriented
business if such encroachment does not exceed 2% of the proscribed
setback.
I.
Recertification and assignment of special permit.
(1)
Recertification of a special permit for adult-oriented
businesses. Special permits shall be effective for three years and
may be recertified for additional three-year terms under the following
terms and conditions:
(a)
At least six months prior to expiration of the original or prior recertified special permit for an adult-oriented business, the permittee may request recertification of the special permit. Such request shall state that the adult-oriented business is in compliance with the special permit, with all requirements of the Zoning Code, including this § 331-112, and all other applicable statutes, laws, ordinances, codes, rules and regulations; and shall further state whether the adult-oriented business has been altered or enlarged since the issuance of the original or prior recertified special permit and, if so, in what manner.
(b)
If the Planning Board determines that the permitted adult-oriented business is in compliance with the special permit and all requirements of the Zoning Code, including this § 331-112, and all other applicable statutes, laws, ordinances, codes, rules and regulations, and that alteration or enlargement, if any, of the business does not require application for a new special permit, then the Planning Board shall issue a recertification of the special permit for the adult-oriented business. If the Planning Board determines that the business is not in compliance with the special permit, the Zoning Code, and all applicable statutes, laws, ordinances, codes, rules and regulations, or alteration or enlargement of the business requires application for a new special permit, then the Board shall deny recertification of the special permit, and in such event, such business shall not be operated after the date that the current original or prior recertified special permit expires.
(2)
Assignment of a special permit. The original or recertified
special permit shall not be assigned, transferred or conveyed without
the approval of the Planning Board, which shall not be unreasonably
withheld. The permittee shall submit an executed assignment and assumption
agreement to the Planning Board prior to obtaining such approval by
which the assignee or transferee agrees to all requirements of this
section and the special permit.
J.
Public hearing.
(1)
The applicant shall notify all property owners of properties located within 400 feet of the property proposed for location of the adult-oriented business, of the date, time, and place of the public hearing in accordance with the procedures set forth in § 331-88B(4)(a).
(2)
The public hearing shall be scheduled within 32 days
of the date on which a complete application is received and shall
be closed within 60 days of the first date set for public hearing
on the special permit application. A decision must be rendered within
30 days from the date that the public hearing is closed.
K.
Any proposed adult-oriented business shall meet all other development standards and requirements of this Zoning Code, including but not limited to district lot and bulk regulations, parking requirements, facade and screening regulations, excepting the general standards for special permits set forth in § 331-89.
L.
The Planning Board and/or the Sign Review Board may
impose certain terms and conditions upon the granting of site plan
approval for any new adult-oriented business to further the aims of
this section, including but not limited to restrictions on the location
and placement of advertising, street promotion, outdoor and window
displays and signage, the location of merchandise and hours of operation,
M.
Preexisting adult-oriented businesses.
(1)
Any adult-oriented business lawfully in existence
and acting as said use on May 21, 1996, shall be permitted to continue
as a nonconforming use. Preexisting nonconforming uses shall be terminated
upon any change in the ownership or control of such business.
(2)
Any existing business(es), nightclub(s) or similar
establishment(s) which has regularly conducted adult-oriented business
activities prior to May 22, 1996, shall be exempt from this section,
provided that the investment in such business is not insubstantial.
Such businesses shall be considered preexisting nonconforming uses
relating to the business on the premises in which it is located and
shall be terminated upon any change in the ownership or control of
such businesses.
N.
Appeals provisions.
(1)
The Planning Board shall have the power, during review
of the special permit application, to vary or modify the application
of any provision of this section upon its determination, in its absolute
discretion, that such variance or modification is consistent with
the spirit of this Zoning Code, and upon finding that the application
of the provisions of this section to a specific property will cause
undue economic hardship and that such hardship is unique to that specific
property.
O.
Penalties. Any person, corporation, partnership or
entity that establishes, constructs or installs any building, improvement,
structure or conducts or operates any land use in violation of the
provisions of this section shall be guilty of a violation and, upon
conviction, subject to a penalty of up to $750 for each day that the
violation continues to exist. A violation of this section shall be
treated as a violation of the City Zoning Code. Nothing herein shall
be construed to limit the authority of the City to seek and obtain
injunctive relief for any violation of this section.
A.
License required.
(1)
No person shall own or operate a billiard hall as
herein defined, unless such premises has been granted a special permit
by the Zoning Board of Appeals after submission of application to
the Bureau of Buildings for a building permit for installing a billiard
hall in an existing assembly space or converting an existing office
or mercantile space to an assembly space or for installing a billiard
hall in a newly constructed space.
(2)
After receiving a special permit from the Zoning Board
of Appeals, the applicant shall apply to the City Clerk of the City
of New Rochelle for a license upon forms to be supplied by the City
Clerk for that purpose.
(3)
After obtaining a license from the City Clerk, the
applicant shall apply to the Fire Department for a public assembly
license.
B.
License application. The application for such a license
from the City Clerk shall contain the following information:
(1)
The name and address, age, date and place of birth
of the applicant, including the names of all owners and major investors
in the business.
(2)
The place where the billiard tables will be displayed
or maintained and a description of any other business conducted at
that place.
(3)
The number of billiard tables.
C.
Number of copies of application; inspections; fees;
display of licenses and transferability.
(1)
Application for license shall be made out in three
copies. One copy shall be referred to the Department of Police, one
copy to the Bureau of Buildings, and one copy is to be maintained
by the City Clerk.
(2)
The Department of Police shall investigate the location
wherein it is proposed to operate such billiard hall to determine
the number of billiard tables. The Bureau of Buildings shall investigate
the location and the premises wherein it is proposed to operate such
billiard hall and determine whether such operation at such location
in said premises complies with the restrictions contained in local
ordinances under its jurisdiction. Such determination shall be reported
to the City Clerk.
(3)
Every applicant, before being granted a license, shall pay an annual license fee as set forth in Chapter 133, Fees, for the privilege of operating or maintaining a billiard hall as defined herein. Each license granted hereunder shall be granted for an annual term running from April 1 to March 31 of the next succeeding year. The fees paid for any license granted for the first year or part thereof shall be prorated accordingly.
(4)
The license herein provided for shall be posted permanently
and conspicuously at the premises or place of business wherein the
billiard hall is located. A license shall not be transferable from
person to person nor place to place and shall be usable only at the
place and by the person designated in the license.
(5)
No license for a billiard hall shall be renewed for
premises that are in violation of any provision of this chapter.
D.
Prohibitions and restrictions.
(1)
No person, firm, corporation or association shall
receive a license for a billiard hall in an establishment that either
conducts the service or sale of alcoholic beverages or that allows
the admission of minors under the age of 18 unless accompanied by
a parent or guardian. Such establishments shall not remain open to
the public after 1:00 a.m.
(2)
No person, firm or corporation or association shall
receive a license for a billiard hall in an establishment where such
establishment operates or maintains more than three mechanical amusement
devises as defined herein or any coin-operated vending machines.
(3)
No person, firm or corporation or association shall
receive a license for a billiard hall where such applicant has not
provided one parking space per proposed billiard table unless the
applicant can demonstrate that such establishment is within 600 feet
of a public lot or within 600 feet of a private parking lot (that
can accommodate) and that the required parking is exclusively dedicated
in such lot (such required parking).
E.
Revocation of license. Every license issued under
this section is subject to the right of the licensor, which is hereby
expressly reserved, to revoke the same should the license, directly
or indirectly, permit the operation of any billiard hall contrary
to the provisions of this chapter or the laws of the State of New
York.
F.
Exemptions. This section shall not apply to, and no
license shall be required for, the operation of a billiard hall of
the kind herein specified where:
(1)
The proceeds therefrom are to be devoted exclusively
to charitable, benevolent or religious purposes; or
(2)
The operation thereof is upon the property and premises
of a private membership club as defined herein and for the benefit
of its members or their guests; provided, however, that said private
membership club operates any billiard hall for the use and enjoyment
of the general public.
G.
Penalties for offenses. An offense against the provisions
of the section shall be punishable by a fine of not more than $250
or by imprisonment for not more than 15 days, or both.
H.
Enumeration of fees. The following schedule of fees
is hereby established with respect to licenses, permits, registrations,
documents, and activities required or regulated under the provisions
of various chapters of the Code of the City of New Rochelle. Specific
requirements and regulations for the preceding shall be as set forth
in the chapter to which reference is made below.
|
Code Section
|
Type of Fee
|
Amount
| |
|---|---|---|---|
|
§ 331-113
|
Billiard halls
| ||
|
First year fee
|
$1,000
| ||
|
Each additional year
|
$250
|
[Added 7-16-2002 by Ord. No. 139-2002]
A.
The design of academic building facades and appurtenances
should ensure visual compatibility with the existing and nearby buildings,
public ways and places to which such elements are visually related.
B.
The building design should maximize fenestration on
the ground-floor level and encourage window displays and viewing by
pedestrians.
C.
Entranceways and facade elements should contribute
to the creation of an attractive downtown commercial environment.
D.
Exterior building appurtenances should be visually
compatible with the buildings to which they are attached or other
buildings in the area or with the character encouraged in the Downtown
Business District insofar as materials, texture, colors, and design
are concerned.
E.
Building facades should be built at, or within, five
feet of the street-front property line, for at least the first 75
feet of the building facade facing the street.
F.
Within the street-front facade of the building, from
the ground level (zero feet) to 10 feet above ground level, the street-front
facade should be glazed by no less than 50% of the entire street-front
facade rectangle. Such glazing may be continuous or may be in window
frames and should have a sill height of no greater than three feet
and a head height of not less than six feet.
G.
The glazed area should be fully transparent, if adjacent
to offices, dining areas, or other academic areas requiring minimum
privacy. Where possible, display windows are encouraged, which display
window area may be used for exhibits and announcements, to display
textbooks, uniforms, sports paraphernalia, and other academic related
materials. If such windows or glazed areas provide natural light to
classrooms where privacy is necessary or to minimize student distractions,
the glazed area may be frosted.
[Added 7-15-2003 by Ord. No. 167-2003; amended 3-20-2012 by Ord. No. 50-2012]
The City Council may issue a special permit
for a cabaret with a public assembly occupancy limit of 50 or more
persons in a zoning district where such use is permitted by special
permit, subject to the following requirements:
B.
Identification and quantification of parking impacts.
C.
Identification of impact on surrounding residential
and business uses within 500 feet of the proposed project.
D.
A business and operation plan stating, among other
things, hours of operation, marketing plan, designation of outdoor
smoking areas, business description and the type of entertainment
that will be offered at the premises.
E.
Identification of noise abatement considerations and
other mitigation measures.
F.
Compliance with all applicable health, safety, welfare
and licensing requirements and all applicable local, state and federal
regulations.
G.
Such other requirements as may be established by City
Council.
H.
The
public assembly occupancy limit shall not exceed 250 persons. All
cabaret uses shall cease no later than 2:00 a.m.
I.
All cabarets shall obtain a license from the Police Commissioner as provided in Chapter 120 of the New Rochelle City Code.
J.
Any
special permits issued under this section shall expire two years from
the date of approval. Applications for renewal of any special permits
issued pursuant to this section shall be automatically approved without
further action of City Council unless the applicant has committed
two or more violations of any requirements under this section, the
New Rochelle City Code and/or the approved resolution during the two-year
special permit period.
[Added 7-15-2003 by Ord. No. 167-2003]
The City Council may issue a special permit
for a bar in a zoning district where such use is permitted by special
permit, subject to the following requirements:
B.
Identification and quantification of parking impacts;
C.
Identification of impact on surrounding residential
and business uses within 500 feet of the proposed project;
D.
A business and operation plan stating, among other
things, hours of operation, marketing plan, and business description;
E.
Identification of noise abatement considerations and
other mitigation measures;
F.
Compliance with all applicable health, safety and
welfare requirements; and
G.
Such other requirements as may be established by City
Council.
[Added 5-19-2005 by Ord. No. 118-2005]
The Planning Board may approve a clinical laboratory
where such use is permitted by special permit, subject to the following
requirements:
A.
If property owner, the clinical laboratory shall be
a for-profit establishment and no property tax exemptions shall be
applied for or granted by the Tax Assessor for land or improvements.
B.
All clinical laboratory activities shall be conducted
in a fully enclosed building.
C.
No out-patient services, experimental research and
testing, or (except as permitted by appropriate State of New York
Department of Health licenses) biomedical hazardous material shall
be permitted on site.
D.
The clinical laboratory shall be licensed by and maintain
an active license with the New York State Department of Health, and
such license (or a reproduction thereof) shall be prominently displayed
on the premises.
E.
All laboratory equipment, tissue samples, and other
regulated biomedical or hazardous waste shall be disposed of in accordance
with the rules and regulations of the State of New York Department
of Health and applicable state, local and federal regulations, and
no such materials shall be offered to or picked up by City sanitation
workers. All such materials shall be fully secured within the enclosed
building until private contractors are available to provide pick-up.
F.
If the clinical laboratory seeks City sanitation services for office and other nonhazardous solid waste, as required by City Code § 163-20, in the operation or maintenance of a business conducted for profit, a solid waste collection contract shall be executed with the City.
G.
Parking and loading shall be provided for such use in accordance with the requirements of Article XIV, Off-Street Parking and Loading.
H.
Such other requirements as may be established by the
Planning Board.
[Added 11-21-2006 by Ord. No. 257-2006]
The Planning Board shall approve a special permit
for Attached Dwelling Units, where allowed as special permit uses
in RMF-zoned districts, provided that the following standards and
conditions are met:
A.
The Attached Dwelling Units closest to the front yard
shall be designed and built so that the principal front entry to such
Attached Dwelling Units shall face the street adjacent to the front
yard.
B.
The Attached Dwelling Units shall be designed and built so that the principal front entry to any dwelling shall not be higher than four feet above final grade at the point of entry, and where feasible and in accordance with § 331-117.1, the Attached Dwelling Units shall have the appearance of a single residence.
[Amended 10-16-2008 by Ord. No. 207-2008]
C.
The Attached Dwelling Unit, if it has a rear or side
exit, balcony, patio, porch, deck, or similar outdoor recreation area
adjacent to a side or rear yard, shall be set back from the side and/or
rear property line by a minimum of 30 feet. If the Attached Dwelling
Unit has no exits, balconies, patios, porches, decks, or similar outdoor
recreation area adjacent to a side yard, the minimum side yard setback
shall be eight feet with a minimum combined yard of 20 feet for all
RMF-zoned districts where Attached Dwelling Units are permitted.
D.
Notwithstanding the requirements contained in the
Schedule of Dimensional Regulations for Residence Districts,[1] the minimum Lot Area Per Dwelling Unit for Attached Dwelling
Units shall be 3,500 square feet per unit for the first two units
and 3,500 square feet for each additional unit in the RMF-0.4-, RMF-0.5-
and RMF-0.7-zoned districts and the maximum amount of Impervious Surface
Coverage permitted shall be 60%. The minimum Lot Area Per Dwelling
Unit for Attached Dwelling Units shall be 3,500 square feet per unit
for the first two units and 2,500 square feet for each additional
unit in the RMF-1.0-, RMF-1.3- and RMF-2.0-zoned districts, and the
maximum amount of Impervious Surface Coverage permitted shall be 65%.
In all of the RMF-zoned districts where attached dwelling units are
permitted, the maximum height of the building containing such Attached
Dwelling Units shall be 35 feet.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
F.
The Attached Dwelling Units shall be architecturally compatible in form, massing and exterior facade with the immediate area and the neighborhood area surrounding the site and shall be subject to Architectural Review of Site Plans by Licensed Professional Architects, in accordance with § 331-117.1.
G.
Any access to an attic, when such attic is unimproved
and excluded from floor area calculations, shall be made through a
pull-down staircase.
H.
If required by the Planning Board, the applicant shall
submit a report from a New York State licensed traffic engineer with
respect to any projected traffic and/or parking impacts on the surrounding
neighborhood, and the Planning Board may hire its own traffic engineer
to review the report submitted by the applicant at the applicant's
sole expense.
I.
Notwithstanding the Special Permit Use limitations
contained in the RMF Residential Districts, which limitations restrict
the number of dwellings to two Attached Dwelling Units in a building,
if, in the opinion of the Planning Board, the configuration or topography
of the site would make it difficult or impossible to design all buildings
with no more than two Attached Dwelling Units in that building, the
Planning Board may waive the restriction of two Attached Dwelling
Units. However, the Planning Board shall not grant such a waiver unless
the development fully complies with all other applicable zoning requirements,
and the Planning Board shall not permit any more than three Attached
Dwelling Units in a building.
[Added 2-13-2007 by Ord. No. 48-2007; amended 9-19-2017 by Ord. No.
187-2017; 11-20-2019 by Ord. No. 2019-237; 3-15-2022 by Ord. No. 2022-37]
The Planning Board may issue a special permit
for a day-care center subject to the following:
A.
Day-care
centers shall be no more than 15,000 square feet in area.
B.
Submission
by the applicant and acceptance by the Board of a satisfactory transportation
management and parking plan showing the proposed utilization of the
site and detailing the steps to be taken by the applicant to address
traffic flow and safety concerns.
C.
Day-care centers shall not be within 500 feet of each other.
[Added 6-18-2013 by Ord. No. 121-2013; amended 10-21-2014 by Ord. No.
169-2014]
The Planning Board may approve a college-related use where such
use is permitted by special permit, subject to the following requirements:
A.
Floor Area Ratio (FAR) is 6.0.
B.
Maximum building height shall be seven stories with a maximum height
of 80 feet for any parcel that has frontage along North Avenue. Maximum
building height shall be five stories with a maximum height of 60
feet for any parcel that does not have frontage on North Avenue.
C.
Building coverage shall be a maximum of 90%.
D.
The parcel or an aggregate of multiple parcels shall have a minimum
frontage of 100 feet.
E.
If the aggregate parcel is greater than one acre in size, all the
rules and regulations promulgated by the New York State Department
of Environmental Conservation (NYSDEC) shall be complied with in their
entirety.
F.
Residential uses shall be permitted on the first floor for parcels
that do not have frontage on North Avenue.
G.
Parking for any Residence Hall shall be calculated as set forth in § 331-126. The applicant/owner may provide a portion of the requisite parking on an off-site lot within 1,350 feet of the subject site in the North Avenue (NA) Zone. If the applicant/owner enters into an agreement with the college providing for enforcement of the college's parking policies and usage of on-campus parking facilities, then parking can be calculated at a rate of 0.25 parking spaces per student. Notwithstanding the foregoing, a Residence Hall not fronting on North Avenue shall provide parking as set forth in § 331-126, and such Residence Hall must be either owned or directly managed by the college.
H.
Parking for any retail use or other permitted uses in the North Avenue (NA) Zone shall comply with the parking schedule set forth in § 331-126.
I.
The owner of any Residence Hall shall submit an operations and management
plan, code of conduct plan, and parking plan for the facility and
file any future updates to said plan with the Building Official for
review by the Planning Board. Documentation shall be submitted indicating
the experience of the proposed management company selected to operate
the facility as a Residence Hall. Any change to such management company
shall receive approval from the Planning Board.
J.
The required side and rear yards may be reduced at the discretion
of the Planning Board.
[Added 5-20-2015 by Ord.
No. 113-2015]
A.
A special permit application for valet and attendant parking shall
include the following:
(1)
Name, address and telephone number of the owner/operator of
the valet parking service business to be served by the private valet
parking operator, and, if applicable, the name and address of the
business to be served. The application shall include a telephone number
that will allow City officials to contact with the owner/operator
24 hours a day. The name, address and telephone number shall also
be provided for the property owner of the land to be utilized for
parking vehicles.
(2)
If the valet operation will involve off-site parking, not including
public parking, a legal instrument ("Agreement"), in form and filing
satisfactory to the Corporation Counsel, shall be provided by the
applicant between the applicant and the property owner of the site
to be utilized. Should the Agreement terminate prior to the end of
the term of the Special Permit, the Special Permit shall terminate
as of the end date of the Agreement.
(3)
A written explanation for the need for a private valet operation.
(4)
A scaled drawing of the location and limits of the proposed
valet parking service activities, including a parking layout depicting
the maximum possible amount of parking, and a circulation plan.
(5)
An operation plan that shall include, but not be limited to,
rules and regulation, days and times when valet parking services will
be provided, fee to be charged, and any proposed signage.
(6)
An indemnity and release forms.
(7)
Proof of insurance.
B.
Special Permits issued by the Building Official under this Chapter
shall specify the following:
(1)
The name and address of the business served, if applicable.
(2)
The name, address and emergency contact information for the
valet operation.
(3)
The location and limits of the valet operation.
(4)
The days and times when the valet operation is permitted.
(5)
Any additional restrictions or requirements regarding the location
or operation of the valet operation.
(6)
Identification tag requirements for valet operators.
(7)
The permit expiration date.
(8)
Any other conditions on the permit.
[Added 3-15-2016 by Ord.
No. 75-2016]
A.
A special permit application for Tandem Parking shall include the
following:
(1)
Name, address and telephone number of the owner of the subject
development to be served by Tandem Parking, and, if applicable, the
name and address of the property manager. The application shall include
a telephone number that will allow City officials to contact the property
owner/manager 24 hours a day.
(2)
A written explanation of the need for Tandem Parking.
(3)
A scaled drawing of the location and limits of the proposed
Tandem Parking, including a parking layout depicting the maximum possible
amount of parking, and a circulation plan.
B.
Special Permits issued by the Building Official under this chapter
shall specify the following:
(1)
The name and address of the property owner/manager.
(2)
The location and limits of the Tandem Parking.
(3)
Any additional restrictions or requirements regarding the location
or operation of the Tandem Parking.
(4)
Identification tag requirements for Tandem Parking users.
(5)
The permit expiration date.
(6)
Any other conditions on the permit.
[Amended 7-18-2017 by Ord. No. 152-2017]
The Planning Board may approve a craft beverage production facility
where such use is permitted by special permit, subject to the following
requirements:
[Added 12-12-2017 by Ord.
No. 251-2017]
The Planning Board may approve restaurants with extended hours
in the North Avenue College District subject to the following:
[Added 2-12-2019 by Ord.
No. 2019-42]
The Planning Board may approve a tasting room where such use
is permitted by special permit, subject to the following requirements:
B.
Total gross floor area shall be less than 1,000 square feet.
C.
Total occupancy shall not exceed 49 people.
E.
The hours of operation shall be determined by the Planning Board
at the time of consideration for special permit, but shall not extend
beyond 11:00 p.m. Sunday through Thursday and 1:00 a.m. Friday and
Saturday.
F.
The location of such use shall be in accordance with the New York
State Liquor Authority regulations.
G.
A tasting room shall not be within 150 feet of another tasting room.
This restriction may be waived if the Planning Board determines that
a tasting room in closer proximity to another tasting room would not
result in an excessive number of drinking establishments for that
neighborhood.
H.
If provided, off-street parking and loading shall comply with the standards set forth in Article XIV. Tasting rooms shall comply with the standard for restaurants and catering halls.
I.
All businesses shall obtain all appropriate approvals including,
but not limited to, the City of New Rochelle and the New York State
Liquor Authority.
[Added 5-21-2019 by Ord.
No. 2019-105]
The Planning Board may approve a discount variety store where
such use is permitted by special permit, subject to the following
requirements:
All uses in the WR District shall be subject
to the following conditions:
A.
Special permit uses shall be limited to 35% of lot
area in WR Districts, including uses and structures accessory to a
special permit use, except where parking is a shared use, in which
case the maximum permitted lot area coverage for the special permit
use shall be 40%.
B.
Any proposed hotel, inn, or residential special permit
use shall be adequately screened, buffered and soundproofed from any
existing nearby or adjacent manufacturing use or other use that is
potentially incompatible. The Planning Board may also impose other
reasonable conditions in the granting of the special permit, in addition
to the following conditions:
(1)
Special permit uses shall demonstrate that no active
water-dependent use will be displaced by the proposed special permit
use and that the proposed special permit use will complement and be
compatible with any existing water-dependent use.
(2)
Special permit uses shall demonstrate that the traffic
impacts resulting from such proposed use will not deteriorate existing
traffic flow conditions on streets that might be impacted or create
traffic safety problems, either of which cannot be satisfactorily
mitigated.
(3)
Special permit uses shall provide an attractive waterfront
yard area and, whenever possible, physical access to the waterfront.
(4)
Special permit uses on sites adjacent to public rights-of-way
shall provide water views from said public rights-of-way, if such
views prove feasible and meaningful, in the site planning associated
with future proposals.
(5)
Existing uses which are allowed by special permit
in the new zoning district shall be as-of-right uses only for the
site on which the uses are currently situated. Expansion of these
uses shall be subject to the dimensional regulations of the new zoning
district and shall be treated as an expansion of a special permit
use.
(6)
All special permit non-water-dependent buildings and
uses shall be subject to waterfront design guidelines, which shall
encourage nautical building design decoration, water orientation and
views, salt-water-tolerant vegetation, lighting, and screening.
All uses in the PWD-3, PWD-5, and PWD-8 Districts
shall be subject to the following conditions:
A.
Any proposed hotel, inn, or residential special permit
use shall be adequately screened, buffered and soundproofed from any
existing nearby or adjacent manufacturing use or other use that is
potentially incompatible. The City Council may also impose other reasonable
conditions in the granting of the special permit, in addition to the
following conditions:
(1)
Special permit uses shall demonstrate that no active
water-dependent use will be displaced by the proposed special permit
use and that the proposed special permit use will complement and be
compatible with any existing water-dependent use.
(2)
Special permit uses shall demonstrate that the traffic
impacts resulting from such proposed use will not deteriorate existing
traffic flow conditions on streets that might be impacted or create
traffic safety problems, either of which cannot be satisfactorily
mitigated.
(3)
Special permit uses shall provide an attractive waterfront
yard area and, whenever possible, physical access to the waterfront.
(4)
Special permit uses on sites adjacent to public rights-of-way
shall provide water views from said public rights-of-way, if such
views prove feasible and meaningful, in the site planning associated
with future proposals.
(5)
Existing uses which are allowed by special permit
in the new zoning district shall be as-of-right uses only for the
site on which the uses are currently situated. Expansion of these
uses shall be subject to the dimensional regulations of the new zoning
district and shall be treated as an expansion of a special permit
use.
(6)
All special permit non-water-dependent buildings and
uses shall be subject to waterfront design guidelines, which shall
encourage nautical building design decoration, water orientation and
views, salt-water-tolerant vegetation, lighting, and screening.
[Added 3-15-2016 by Ord.
No. 77-2016]
Multifamily uses in the R1-WF-10 District.
Multifamily Uses are permitted on lots at least one acre in size and subject to the following requirements. For the purposes of calculating the below dimensional regulations of this § 331-115.1, the site area shall be based on the net area above the mean high water elevation in accordance with § 331-20.1.
A.
For structures located in the portion of the lot within 150 feet
of either the adjacent single-family residential zoning district (R1-10),
the lot line of a lot containing a single-family residential building,
public park or public road:
[Amended 9-22-2020 by Ord. No. 2020-112]
B.
For structures located in the portion of the lot not within 150 feet
of either the adjacent single-family residential zoning district (R1-10),
the lot line of a lot containing a single-family residential building,
public park or public road:
[Amended 9-22-2020 by Ord. No. 2020-112]
(1)
Maximum building height shall not exceed 60 feet and five stories.
(3)
At the discretion of the Building Official, an additional five
feet of building height shall be allowed if required to elevate the
building above the FEMA base flood elevation (one-hundred-year flood).
(4)
Rear yard setbacks shall be a minimum of 20 feet.
C.
For all multifamily uses in the R1-WF-10 District:
(1)
Building coverage shall not exceed 35%.
(2)
Impervious coverage shall not exceed 50%.
(3)
A minimum of 20% of the lot area shall be dedicated as open
space on site and shall be filed and recorded in a restrictive covenant
as approved by the Corporation Counsel.
(4)
Floor Area Ratio shall not exceed 0.5. Notwithstanding anything in § 331-115.1C(3) to the contrary, additional development potential in the form of a Floor Area bonus of 0.15 above the maximum permitted Floor Area Ratio of 0.5 shall be earned for a project when such project includes a contiguous area of open space in excess of 1.5 acres, which 1.5 acres of contiguous open space is in addition to the minimum 20% open space of lot area required by § 331-115.1C(3).
(5)
Lot area per dwelling unit shall be a minimum of 5,500 square
feet per unit.
(6)
Must comply with the New Rochelle Flood Protection Regulations
and FEMA requirements.
(7)
Must reasonably comply with Waterfront Edge Design Guidelines
(WEDG) or equivalent as determined by the Planning Board.
D.
Waterfront access must be provided or payment in lieu must be paid
into a waterfront access fund.
(1)
A minimum of 100% of linear frontage of any zoning lot must
be reserved for public open space providing access to the water as
approved by the Commissioner of Development or, in the alternative,
payment in lieu must be made.
(2)
Payment in lieu fee is determined on a per unit basis, initially
set at $10,000 per unit and adjusted by the City Council as needed.
A prorated fee may be provided where less than 100% of the required
linear footage is reserved. A payment in lieu fee will be reduced
by the cost of off-site improvements that provide a public benefit
as approved by the Commissioner of Development.
[Added 10-18-2017 by Ord.
No. 205-2017]
A special permit application for eSports shall meet the following
requirements:
A.
eSports
may be allowed in the DB Downtown Business, DMU Downtown Mixed Use,
DMUR Downtown Mixed Use Urban Renewal and MUFE Mixed Use Family Entertainment
Zones where located within the Downtown Overlay Zones 1 through 4.
B.
The
applicant shall submit a parking analysis to the Planning Board, and
approval will be subject to the Board's acceptance of said analysis.
[Added 6-19-2018 by Ord.
No. 2018-127]
Nonresidential uses in the RMF-SC-4.0 Zone shall meet the following
requirements:
A.
A minimum
of 200 feet of site frontage, or 150 feet for community-purpose buildings.
[Amended 3-19-2019 by Ord. No. 2019-68]
B.
Frontage
on Lincoln Avenue, except for community-purpose buildings.
[Amended 3-19-2019 by Ord. No. 2019-68]
C.
Hours
of operation, delivery times, and trash removal shall be set by the
Planning Board.
[Added 2-11-2020 by Ord.
No. 2020-29]
The Planning Board may approve an Electric Vehicle Charging
Station where such use is permitted by special permit, subject to
the following requirements:
A.
Landscaping, screening, lighting and hours of operation shall be
subject to the review and approval of the Planning Board.
B.
Each EV station shall be provided with a charging space the dimensions,
access and design of which shall comply with the zoning requirements
and design standards of a parking space.
C.
Queuing for a charging station shall not obstruct a drive aisle.
D.
There shall be no limit to the number of charging stations.
E.
Charging spaces may be provided in lieu of the required parking spaces by no more than 5% of the minimum required parking as set forth in § 331-126.
F.
The use shall comply with all other zoning requirements applicable.
[Added 5-18-2021 by Ord. No. 2021-63]
The Planning Board shall have the authority to approve a special permit for off-street parking and loading space requirement reductions as set forth in § 331-126D subject to the following:
A.
Expiration. A special permit shall be deemed to authorize
only the specific use identified in the permit and, unless other provisions
are specifically set forth by the approving agency, the special permit
shall expire if said use shall cease for more than one year for any
reason, or if substantial construction, in accordance with the special
permit, has not been completed within two years from the date of issue.
B.
Modification of special permit uses. Any change or
increase in use or reduction in lot size requires amendment to the
special permit in accordance with the application and review requirements
of this article except that the Building Official may issue building
permits as requested, without amendment of the special permit, where
he/she finds that:
(1)
There is no change in use, or that the proposal falls
within the definition of the existing special permit use.
(2)
The change would require less than 10 additional parking
spaces. Notwithstanding the above, the Building Official may require
the formal filing of a complete amended application where he/she finds
that the proposed change will be significant in the essential characteristics
of the existing layout, arrangement or use of buildings or land.
C.
Renewal. On written application, a special permit approved with a time limitation may be renewed by the Building Official upon notice to the approving agency which authorized the issuance of the special permit, provided that no such renewal shall be made by the Building Official unless there has been compliance with all applicable codes, ordinances, regulations and conditions of the special permit. The Building Official shall notify, in writing, the approving agency which authorized the issuance of the special permit at least 45 days prior to the effective date of such renewal. No such renewal shall be made by the Building Official if there is objection by a majority vote of the approving agency, as listed in § 331-87.
