[Added 9-11-1970]
[Amended 11-13-1981 by L.L. No. 18-1981; 4-8-1998 by L.L. No. 4-1998; 12-1-2005 by L.L. No. 10-2005]
The Village Board, following a public hearing,
shall have the power to approve, conditionally approve or disapprove
applications for proposed special exception uses which are specifically
provided for in this chapter, based on the standards set forth in
this chapter.
[Amended 5-14-1982 by L.L. No. 9-1982; 3-9-1990 by L.L. No. 5-1990]
In considering any application for a special exception permit, except as provided for in § 197-40, the Board of Trustees shall first obtain the recommendations of the Planning Board and may request in appropriate cases that the Planning Board conduct a site plan review pursuant to § 197-63 and shall obtain the recommendations of the Architectural Review Board pursuant to Chapter 5 of the Code of the Village of Westhampton Beach. Both Boards are hereby authorized to retain expert consultants to the extent that funds are authorized. Such recommendations by the Planning Board and the Architectural Review Board shall be rendered within 60 days of a request by the Board of Trustees, or the requirement of such recommendation shall be deemed to be waived.
In granting a special exception, the Village
Board may prescribe appropriate conditions and grounds in conformity
with this chapter.
The Village Board shall grant special exceptions
only upon making the following determinations:
A.
That the special exception use will not prevent the
orderly and reasonable use of the adjacent properties or of properties
in the surrounding area or impair the value thereof.
B.
That the special exception use will not prevent the
orderly and reasonable use of permitted or legally established uses
in the district wherein the proposed special exception use is to be
located or of permitted or legally established uses in adjacent districts.
C.
That the safety, health, welfare, comfort, convenience
or the order of the Village will not be adversely affected by the
proposed special exception use and its location.
D.
That the special exception use will preserve and protect
the environment and be in harmony with and promote the general purposes
and intent of this chapter.
[Amended 5-14-1982 by L.L. No. 9-1982]
A.
In making the determinations required in § 197-79 above, the Village Board shall give consideration, among other things, to:
(1)
The character of the existing and probable development
of uses in the district and the particular suitability of such district
for the location any special exception use.
(2)
The conservation of property values and the encouragement
of the most appropriate uses of land.
(3)
The availability of adequate and proper public or
private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent, whether liquid, solid, gaseous or other
material, that may be caused or created by or as a result of such
special exception use.
(4)
The availability of utilities, such as electricity,
gas and water, including such considerations as hook-in locations
and the compatibility of these utilities for the proposed special
exception use.
(5)
Whether a hazard to life, limb or property because
of fire, flood, erosion or panic may be created by reason of or as
a result of the special exception use or by the structures to be used
therefor by the inaccessibility of the plot or structures thereon
for the convenient entry and operation of fire and other emergency
apparatus or by the undue concentration or assemblage of persons upon
such plot.
(6)
Whether the special exception use or the structures
thereon will cause an overcrowding of land or undue concentration
of population.
(7)
Whether the operations in pursuance of the special
exception use will cause undue interference with the orderly enjoyment
by the public of parking or of recreational facilities, if existing,
or if proposed by the town or by other competent governmental agency.
(8)
Whether the special exception will be in harmony with
the ecology of the surrounding area and promote the conservation of
the same.
B.
In considering a special exception for religious use,
the Trustees shall have the right to vary any of the dimensional requirements
of the zoning district wherein said use is to be located. The Board
of Trustees shall also have the right to vary the parking regulations
based upon factors, including but not limited to the intensity of
the use and the availability of parking on adjacent properties or
on properties located within a distance of 200 feet from the site
of the use.
[Added 10-12-1992 by L.L. No. 10-1992]
[Added 5-10-1993 by L.L. No. 2-1993]
A.
Notwithstanding the provisions of any other law, rule
or regulation, including but not limited to the New York State Uniform
Fire Prevention and Building Code, the capacity of any standard restaurant
shall be determined on the basis of one person per 15 square feet
of area for all areas which are taken into consideration for such
calculation as is provided for in the New York State Uniform Fire
Prevention and Building Code.
B.
C.
Floor plans shall be submitted with the application
showing the location of all facilities, including but not limited
to the bar area, the table/counter area, service areas, restrooms,
kitchen facilities, office, storage areas and other areas of use.
Public areas for the service of food and patrons shall not be rearranged
on a regular basis. Any change in the approved floor plans that would
result in an increase in sanitary design flow, such as additional
seating, shall require an application to the Board of Trustees for
a modification of the special exception.
[Amended 12-3-2020 by L.L. No. 12-2020]
D.
The restaurant use and septic system must be approved
by the Suffolk County Department of Health Services.
[Added 5-3-2007 by L.L. No. 7-2007]
A.
Buildings that are proposed in the Hamlet Commercial
(HC) Zoning Districts may be greater than 3,000 square feet in size,
but no building shall be greater than 6,000 square feet in size, subject
to one of the following standards:
(1)
For every 1,000 square feet or portion thereof
greater than 3,000 square feet of additional building space, one second
floor apartment shall be provided. At least one dwelling unit shall
be reserved for a moderate-income family as defined by the U.S. Department
of Housing and Urban Development; or
(2)
A minimum of 25% of the total lot area is restricted
from further development and is reserved for a park, undisturbed open
space, regional stormwater detention facility or public right-of-way
or other similar benefit to the public.
B.
For buildings larger than 3,000 square feet up to
a maximum of 4,000 square feet, the minimum side and rear transition
yard shall be 30 feet.
C.
For buildings larger than 4,000 square feet, the minimum
side and rear transition yard shall be 40 feet.
[1]
Editor's Note: Former § 197-80.2,
Additional conditions on review of application for special exception
permit for outdoor dining, added 5-10-1993 by L.L. No. 2-1993, was
repealed 12-1-2005 by L.L. No. 10-2005.
[Added 4-3-2008 by L.L. No. 5-2008]
A.
Purpose. The standards contained herein are required
with regard to design, yield determination and other requirements
in order to provide housing opportunities that promote independence
and a high quality of life as well as ensuring that multi-unit housing
is compatible with surrounding land uses. It is also the purpose of
this special exception use to assist in facilitating the creation
of affordable housing opportunities.
B.
Building types permitted. There are four types of
buildings permitted: one-family dwelling, two-family dwelling, three-family
dwelling (also called triplex), four-family house (all of which are
included in the definition of a manor house) and townhouse (also called
rowhouse), which shall be designed to appear as a single-family residence
from the street utilizing the architectural elements outlined in "Multifamily
Housing Designs to Enhance Neighborhoods" (incorporated by reference).[2] These provide a variety of housing design styles and allow
a unique character to develop within the neighborhood and the opportunity
to consider design schemes which blend in with the surrounding area.
Nothing shall prevent the Planning Board from considering an application
which utilizes a mix of building types.
[2]
Editor's Note: "Multifamily Housing Designs
to Enhance Neighborhoods" is on file in the Village offices.
C.
Orientation.
(1)
Requirement. Each building type shall be oriented
toward the street, with primary entrance, porches and property demarcation
facing the public right-of-way or internal street. All buildings facing
an existing public street shall be designed to appear as single-family
residences. The principal building shall be designed to orient toward
public streets and provide pedestrian and vehicular connections to
adjacent areas or roadways. Techniques for complying with the orientation
requirement include, but are not limited to:
(a)
Using a modified street grid system where most
buildings in a project front on an existing or proposed street. Where
no public streets exist, creating a grid street system within the
project.
(b)
Locating parking areas behind or under buildings
and accessing such parking from alley-type driveways. If driveway
access from streets is necessary, minimum width driveways meeting
the fire code standards should be used.
(c)
Providing each building with direct pedestrian
access from the main street fronting the building and from the back
where the parking is located.
(d)
When located on a corner lot, the front building
facade shall be oriented toward the road having the higher road classification,
i.e., arterial or collector, as applicable.
(2)
Illustrations. The following illustrations depict
site planning techniques that orient multi-family buildings to streets,
adding value and identity to the complex, by siting parking behind
the buildings:
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D.
Dimensional requirements. The Multifamily Residential Developments Table of Dimensional Regulations is included at the end of this chapter.
E.
Minimum lot area. The minimum lot area shall be as
outlined in the Table of Dimensional Requirements above,[3] but, in any case, the site shall be of such shape, dimension,
topography and location as will allow for an appropriate and attractive
development with proper setbacks, screening and a harmonious relationship
with adjoining land uses and the natural physical terrain.
[3]
Editor's Note: The table is included at the end of this chapter.
G.
Yield. The permitted yield of multi-family units shall be determined after all applicable requirements, as set forth herein, have been applied to the subject development, and not simply based on the maximum density as determined in Subsection F of this section.
H.
Affordable units component. For every market-rate unit proposed over four units per acre at least one affordable unit shall be reserved for income-eligible families as defined in § 197-1 of this chapter.
(1)
The distribution of affordable units shall be
evenly distributed between moderate-, median-, and middle-income households,
i.e., 30% of the units for moderate income, 30% of the units for median
income, and 30% of the units for middle income, with the first unit
being reserved for a middle-income household. The distribution of
affordable units may be amended, subject to Planning Board approval,
after the housing needs of income eligible participants are formally
determined, pursuant to applicable sections of the Village Code.
(2)
Priority households. To the extent permitted
by law and by federal, state, and county programs, priority for affordable
housing opportunities is as follows:
(a)
Income-eligible households residing year round
in the Village of Westhampton Beach. Higher priority will be given
to at least one adult member who is a qualified active member of the
Westhampton Beach fire/EMS volunteer community services.
(b)
Income-eligible households residing year round
in the Town of Southampton. Higher priority will be given to at least
one adult member who is a qualified active member of the Westhampton
Beach fire/EMS volunteer community services, and then to those households
residing in the Westhampton Beach School District.
(c)
Income-eligible households residing year round
outside of the Village of Westhampton Beach, but in which an adult
member works at a location physically within the Village. A higher
priority will be given to those households in which at least one adult
family member is currently employed by the Village of Westhampton
Beach, and then to those employed by general community services providers,
as defined herein.
(d)
All others.
(3)
The control and administration of occupancy
of the affordable housing units shall be consistent with the regulations
and standards set forth in applicable sections of the Village Code.
I.
Minimum floor area. The development shall meet the minimum floor area requirement provided in § 197-34 of the Village Code.
J.
Bedroom mix. The average number of bedrooms per unit
shall not exceed two.
K.
Neighborhood scale; requirement. To the extent reasonable
and practicable, the architectural scale of new buildings proposed
for existing neighborhoods shall be compatible with or complement
the architectural character of neighboring buildings. Techniques for
complying with this requirement include, but are not limited to:
(1)
Using the existing separation pattern and orientation
of buildings in the adjacent neighborhood to establish the pattern
of the new developments. The following illustrations depict how multi-family
buildings can be integrated into existing neighborhoods:
 |
|---|
|
This use of modulation helps the multifamily
building fit into the neighborhood.
|
(2)
Preferred: The multi-family buildings depicted
as Examples A and B below have been built on an identical site. However,
building Example A incorporates design elements from the surrounding
neighborhood. Building Example A covers roughly the same lot areas
as building Example B and provides for the same number of units, while
"fitting in" with its surroundings.
(3)
Undesirable: Multi-family building Example B
has been built on a site surrounded by single-family development.
The building bears no resemblance to the existing neighborhood, and
looks out of place.
 |
L.
Privacy; requirement. Buildings shall be oriented
for privacy, to the extent practicable, both within the project and
to the neighborhood. Techniques for complying with this requirement
include, but are not limited to:
M.
Facade, footprint, and roof articulation.
(1)
Requirement. Buildings shall have a design theme
that provides variety and character within a project. Walls and roofs
shall include separations, changes in plane and height, and architectural
elements such as balconies, porches, dormers, and cross gables. Techniques
for complying with this requirement include, but are not limited to:
(a)
Facade modulation stepping back or extending
forward a portion of the facade for each interval;
(b)
Articulating each interval with architectural
elements like a porch, balcony, bay window, and/or covered entry;
(c)
Articulating the roofline by stepping the roof,
rotating roof ridge to be perpendicular to the length and by emphasizing
dormers, chimneys, or gables; and
(d)
Providing a ground- or wall-mounted fixture,
a trellis, a tree, or other site feature within each interval.
(2)
The following illustrations depict multi-family
design themes that provide project variety and character:
 |
|---|
|
Building details can reinforce the articulation
interval.
|
 |
|---|
|
Modulation of the principal building facade
adds interest to a long building.
|
 |
N.
Materials and colors; requirement. Exterior materials
and colors in new building construction shall be compatible with or
complement the character of surrounding buildings. Techniques for
complying with this requirement include, but are not limited to:
(1)
Wood siding and roofing is preferred, however,
other building material of substantial quality that emulates cedar
shingles or wood-like appearance may be permitted. Brick, stone, or
other material may be utilized to complement the building facade.
Building materials that are durable and easily maintained. Building
construction shall be compatible with or complement the character
of residential buildings in the surrounding area.
(2)
Using materials with textures or patterns; and
(3)
Using exterior colors that are subdued and emphasize
earth tones.
O.
Off-street parking.
(1)
The number of off-street parking shall meet the parking requirements provided in § 197-21 of the Village Code.
(2)
Parking location and design.
(a)
Requirement. The impact of driveways and parking
lots on pedestrians and neighboring properties shall be minimized
by designing, locating, and screening parking lots, carports, and
garages in a way that creates few interruptions on the internal or
public street, sidewalk, or building facade. Techniques for complying
with the requirements of this section include, but are not limited
to:
[1]
Locating surface parking at the rear or side
of lot;
[2]
Internal parallel on-street parking provided
on site may be utilized to meet the off-street parking requirements
and is encouraged over traditional parking lots;
[3]
Minimizing the number and width of driveways
and curb cuts;
[4]
Sharing driveways with adjacent property owners;
[5]
Locating driveways so they are visually less
dominant, and berming and landscaping them when they are visible from
the street;
[6]
If a parking lot is necessary, it shall contain
no more than 20 spaces and be designed in a way that provides easy
access for pedestrians;
[7]
Locating parking in areas that are less visible
from the street;
(b)
Parking lot landscaping. Parking lots larger
than 14 spaces and/or 5,500 square feet shall provide at least one
shade tree for every nine parking spaces. Trees shall be located in
internal planting islands or along the perimeter of the parking lot.
(c)
Alleys are encouraged to provide access to parking
facilities located in the rear or side yards. Alleys serve an important
role in neighborhoods. They enable properties to have an unencumbered
frontage towards the street by eliminating the need for driveways.
Alleys create an ordered, pedestrian-scaled front to a property by
placing service and maintenance functions in less visible locations.
Alleys shall be a minimum of 12 feet wide, and shall be set back from
any structure or property line a minimum of five feet.
 |
P.
Utilities and services.
(1)
Water supply and sewage disposal. Developments
shall be served by public water. All necessary approvals shall be
obtained from the Suffolk County Department of Health Services for
sewage disposal. For purposes of supplying water for fire protection,
the Planning Board shall solicit comments and review from the Fire
Marshal and Fire District.
(2)
Drainage. Stormwater drainage systems serving
any multi-family development shall be designed so that the rate of
runoff from the site during a one-hundred-year storm will not exceed
that which would have occurred prior to its construction. The calculation
of such runoff rate and the design of the drainage system shall be
subject to the approval of the Village Engineer.
(3)
Refuse storage and collection. Plans for the
storage and collection of refuse shall be subject to Planning Board
approval. The outside storage of refuse, if permitted, shall be in
rodent-proof containers conveniently located and enclosed or otherwise
screened from view. Such facilities shall comply with all setback
requirements applicable to accessory buildings, and shall be fully
screened and landscaped. In addition, regular trash collection shall
be required. The Planning Board may impose additional covenants to
ensure property maintenance and upkeep.
(4)
Underground utilities required and screening
of appurtenances on building facades. All utilities, including electric,
telephone and cable television service, shall be placed underground.
Utility meters and other appurtenances shall be screened by lattice
enclosures and/or landscaping to soften appearance. Condensing units
and other mechanical systems shall likewise be screened, as determined
by the Planning Board.
(5)
Fire protection and emergency services provisions.
The site plan shall provide proper access for fire-fighting equipment
and emergency services personnel. Where applicable, fire hydrants
shall be installed in such number and location and with such water
flow as may be determined adequate and approved by the Planning Board,
based upon the recommendations of the Village Engineer, Village Fire
Marshal, and Fire District.
(a)
Fire zones and parking restrictions on accessways.
Any private road or driveway serving as the access way shall be subject
to fire zone designation and parking restrictions, subject to Planning
Board approval during site plan review.
(b)
All building construction shall meet the regulations
pursuant to the NYS Building and Fire Prevention Code.
R.
Exterior lighting. A lighting plan shall be submitted illustrating compliance with § 197-25.5 and § 197-25.6I(1) for review and approval as part of the overall plan submission for the development.
[Amended 10-4-2018 by L.L. No. 5-2018]
 |
S.
Recreation areas. Except as provided below, there
shall be a recreation area which is designed, improved and maintained
for the exclusive use of the residents of such development and their
nonpaying guests. The recreation area shall contain at least 120 square
feet of lot area per dwelling unit. The plan for the recreation area
shall be subject to Planning Board approval as to location, design
and adequacy, taking into consideration the size of the development
and the anticipated occupancy of the units.
(1)
The options for types of recreational areas
that can be considered are:
(a)
Parks and playgrounds: a landscaped area, bordered
on at least one side by a street designed for either passive or active
recreational uses. The space shall not contain buildings or structures
other than a pool, pool house/community center, tennis courts, pavilions
or play equipment.
(b)
Community greens, squares, commons: a natural
or landscaped area, bordered on all sides by streets and/or buildings.
The space shall not contain buildings or structures other than pavilions,
memorials or monuments.
(c)
Community gardens: a series or grouping of plots
of land that neighborhood residents may use for the purposes of growing
flowers or edible produce.
(d)
Bikeways, greenway, trails: a linear feature,
consisting of a minimum five-foot-wide paved or hard-packed surface
within a corridor space that can vary in length and width, but should
not be narrower than 20 feet wide. Regular access points from public
right-of-ways should be provided.
(e)
Alleys: Alleys serve as informal play areas
and walkways for the immediate residents, therefore the right-of-ways
of public alleys may count towards the open space requirements for
the neighborhood. To encourage the use of alleys, up to 30% of the
total area used for alleys can count towards a maximum of 5% of the
recreation requirements.
 |
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 |
(2)
Private outdoor space. In addition to the recreation
area required above, each individual multi-family dwelling unit shall
be provided with a private outdoor space in the form of a patio, terrace,
garden, courtyard, deck or balcony, which space shall be immediately
adjoining and directly accessible to the dwelling unit which it serves.
(3)
Park fee. Notwithstanding the provisions of § 197-63Q, or § 197-40.1 of the Village Code, the applicant shall not be required to set aside any reserved area for park or recreation purposes, or to pay a recreation area or park fee to the Village in lieu thereof respecting any affordable unit, as defined in § 197-1, depicted in any multi-family site plan, and the number of dwelling units used to calculate park fees set forth in § 197-63Q shall be reduced by the number of affordable units provided. Any recreation areas set forth herein on any multi-family development site plan may be used to satisfy, in part or whole, the requirements for a reserved area for park or recreation purposes, or the payment of a recreation or park fee as required under § 197-63Q. The extent to which recreation areas may be used to satisfy the requirements for reserved area for park or recreation purposes, or payment of a recreation or park fee as required under § 197-63Q shall not exceed 50% of the requirement under that section.
T.
Covenants and restrictions. The Village Trustees and
the Planning Board may require the applicant or owner to execute agreements
and covenants deemed necessary. Said agreements or covenants shall
be recorded in the office of the Suffolk County Clerk and constitute
a covenant running with the land. Such covenant or agreement may be
modified or released only as set forth in said covenant or agreement
or by the Village Trustees.
U.
Architectural review. All construction shall be subject to the review of the Board of Architectural Review pursuant to § 5-14. Building prototypes and design shall reflect local architecture and the special character of Westhampton Beach as a rural and resort community. In their reviewing of the subject application, the Planning Board and the Board of Architectural Review shall use the design guidelines contained in "Multifamily Housing Designs to Enhance Neighborhoods in the Village of Westhampton Beach," filed in the Office of the Village Clerk and the Building Department, as may be amended.
V.
Other requirements.
(1)
Individual unit access. In general, each individual
dwelling unit shall have its own separate entrance/exit leading directly
to the outside, or via a common entrance vestibule.
(2)
Television service. Cable or other television
service shall be provided in accordance with plans approved by the
Planning Board. Exterior antennas for individual multi-family buildings
or dwelling units shall not exceed 24 inches in diameter and shall
not be seen from any public right-of-way.
(3)
Storage. For the convenience of the residents
of the development, provision shall be made for general storage of
bulky items, such as trunks.
(4)
Basements, cellars, attics, and garages. No
living units or habitable spaces shall be permitted in an attic, basement
or cellar area. Garages shall not be converted to habitable living
space.
(5)
Universal design. Projects consisting of more
than 10 units, but which are designed using building prototypes that
are less than four units per building such as a triplex (three-family
house), to the extent practicable, shall incorporate elements of universal
design standards to address the requirements for accessibility pursuant
to the Americans with Disabilities Act (ADA) and Fair Housing Act
(FHA). Universal design is a flexible, inclusive process aimed at
enabling all occupants access regardless of size, age, or abilities,
including but not limited to accessibility code compliance. The diverse
needs of the development's population should be accommodated in a
cost-effective yet dignified and pleasant manner assuring a convenient,
safe, and secure environment for all persons residing in such development,
whether active or physically challenged, youthful or elderly.
(a)
Due consideration shall be given in planning
walks, ramps, and driveways to prevent slipping or stumbling, and
handrails and ample places for rest shall be provided. Gradients of
walks shall not exceed 5% and single riser grade changes in walks
shall not be permitted, unless it is impractical to do so because
of terrain or unusual characteristics of the site. All outdoor areas
available to residents shall permit such residents to move about without
danger and with minimum effort.
(b)
Residential units, to the extent practicable,
shall incorporate visitable design concepts which include but are
not limited to the following features being provided on the first
level of a dwelling unit: a zero-step entrance, accessible hallways,
and bathrooms with doors wide enough for a wheelchair user to enter.
These universal design standards are supplemental to, not in substitution
of, other existing federal and state requirements which may impact
accessibility and fair housing provisions of the residential development.
(6)
Applications providing affordable housing components
and meeting the special exception standards shall receive first priority
status throughout the review process.
(7)
Gatehouse or driveway entrance gates shall not
be permitted.
(8)
Accessory apartments pursuant to the Zoning
Code of the Village of the Westhampton Beach are prohibited.
W.
Applicability. The provisions of this section shall
not apply to any multifamily site plan application which has been
filed with the Westhampton Beach Building and Zoning Department prior
to January 1, 2008. Any proposed substantive changes to such developments
or units within and specifically changes that would increase or change
sanitary design flow shall be required to seek additional or amended
approvals from the involved Village boards, upon review by and discretion
of the Building Inspector.
[Amended 7-2-2020 by L.L. No. 9-2020]
[1]
Editor's Note: Former § 197-80.3,
Additional conditions on review of application for special exception
permit for outdoor tables, chairs and benches, added 7-3-1995 by L.L.
No. 6-1995, as amended, was repealed 12-1-2005 by L.L. No. 10-2005.
[Added 4-8-1998 by L.L. No. 3-1998]
A.
The use of an accessory building for guest facilities as part of a bed-and-breakfast shall be incidental and accessory to the residential use of the premises and shall comply with the applicable standards set forth in Article X of this chapter for bed-and-breakfast establishments. A special permit issued by the Village Board under this section shall be valid so long as a yearly bed-and-breakfast permit is obtained pursuant to Article X of this chapter.
B.
The accessory building shall not be less than 20 feet
from all rear and side lot lines.
C.
No more than two guest bedrooms may be located within
an accessory building. Facilities may include a bathroom or sitting
room. There shall be no kitchen or cooking facilities, nor shall there
be any vending machines located within the accessory building.
D.
An accessory building containing guest facilities
shall not exceed 800 square feet of gross floor area.
E.
All guest bedrooms shall contain a fully operational
smoke detector and carbon monoxide alarm system which shall meet all
applicable state building and fire prevention code requirements.
F.
The accessory building shall be in compliance with
all applicable zoning, building, fire prevention, electrical, plumbing
and health requirements.
G.
A performance bond may be required to ensure the removal
of guest facilities should the bed-and-breakfast establishment be
terminated and to ensure the compliance with all standards or conditions
of the permit.
H.
There shall not be guest facilities for a bed-and-breakfast
in more than one accessory building on the subject premises.
[Added 2-14-2000 by L.L. No. 1-2000; amended 1-3-2019 by L.L. No. 1-2019]
A.
In the case of the construction of a new hotel, the dimensional regulations
in the table below shall apply:
|
Dimensional Standards
|
Hotel District
|
B-1 District
|
|---|---|---|
|
Minimum lot area
|
100,000 square feet
|
40,000 square feet
|
|
Maximum lot coverage
|
15%
|
50%
|
|
Minimum front yard
|
50 feet
|
10 feet
|
|
Minimum side yards (2)
|
Total not less than 100 feet
|
Total not less than 25 feet
|
|
Minimum side yards
|
50 feet
|
10 feet
|
|
Minimum rear yard
|
50 feet
|
25 feet
|
|
Maximum number of guest units
|
1 unit per 1,600 square feet of lot area, or 25 units per 40,000
square feet, not to exceed 75 units
| |
|
Maximum building height
|
35 feet/2 stories
|
35 feet/3 stories
|
B.
Where an application for a special exception permit concerns the
reconstruction, alteration, demolition or substitution of a legally
existing hotel that exceeds current density or area requirements for
new construction, the Board of Trustees, in granting a special exception
permit, may, in its sole discretion, vary the other provisions of
this section if the existing nonconformity is diminished.
C.
Any additional principal uses located on a site containing a hotel shall comply with the dimensional requirements contain in Subsection A of this section.
D.
A hotel use is exempt for the requirements contained in § 197-16B(4)(h) and C.
[Added 2-14-2000 by L.L. No. 1-2000]
Conditions for auto laundries are as follows:
A.
The minimum lot area shall be 40,000 square feet.
B.
Minimum frontage shall be 150 feet.
C.
All vehicles waiting for service shall be stored on
site. No vehicles shall be stored outdoors overnight.
D.
No services other than washing, waxing, "simonizing,"
detailing or similar treatment shall be rendered.
E.
Outdoor storage and display of accessories, Portable
signs, and equipment shall be prohibited.
F.
Sales, rental or display of automobiles, trailers,
mobile homes, boats or other vehicles shall be prohibited.
G.
All process water shall be recycled, and the overall
facility shall contain on site all water generated from any service
activity.
[Added 5-12-2003 by L.L. No. 4-2003]
A.
This use is intended for the office, administrative
and headquarters portion of the business use, including customer service
and visitor parking for same.
B.
Vehicles related to the business may park on the premises
if parked in standard size parking spaces provided by the business
and which are counted as part of the required minimum parking spaces
based on the schedule of off-street parking space requirements for
the use, but which do not encroach upon spaces required for other
uses on the parcel as required by the schedule. Said spaces shall
not be located in the front yard of the subject parcel.
[Amended 11-7-2019 by L.L. No. 9-2019]
C.
There shall be no outdoor parking or storage of oversize
company trucks or mobile equipment of any type.
D.
There shall be no outdoor storage of any materials,
stored equipment or supplies permitted on the site.
E.
Contractor's offices located in the B-3 Zoning Districts
shall provide a minimum of a fifty-foot continuous landscaped buffer
between parcels containing this use(s) and any abutting residential
zoning district boundary or any parcel containing a certificate of
occupancy for a residential use. The buffer shall be located on the
subject premises.
F.
Contractor's offices located in the HD Zoning District may be permitted
to reduce the required rear yard setback to a minimum of 50 feet,
subject to the discretion of the reviewing board.
[Added 11-7-2019 by L.L.
No. 9-2019]
[Added 5-3-2007 by L.L. No. 6-2007;
amended 1-7-2021 by L.L. No. 1-2021]
Special exception approval may be granted for
nonresidential uses in excess of 3,000 total square feet of gross
floor area in any building, up to a maximum of 10,000 total square
feet of such gross floor area in any building (excluding unfinished
basement and attic areas), except for a grocery store, which shall
not exceed 35,000 total square feet of such gross floor area, subject
to the following requirements:
A.
Compliance with the standards outlined in § 197-16B(4)(h), in addition to all applicable requirements of this chapter.
B.
The Village Trustees shall determine whether the proposed use is consistent with the Village's Comprehensive Plan and whether it will have an undue adverse impact on other properties or current uses within the neighborhood and the community. In making such a determination, in addition to the considerations set forth in § 197-80, the Village Trustees shall consider:
(1)
Whether the proposed use and design is consistent with the goals, spirit and intent of § 197-16A of the Village Code (Business District 1).
(2)
Whether the design, scale and appearance of
the buildings on-site are compatible with each other and with the
neighborhood, adjacent properties, and the Business District, including
a consideration of the materials used, roof pitch, variation in rooflines,
facade, arrangement of windows and doors, and architectural style
and details.
(3)
Whether the project design addresses the anticipated
traffic generated by the proposed use and ensures adequate traffic
circulation, access to the property, public safety, and motorist and
pedestrian convenience.
(4)
Whether material deliveries and pickups can
be performed on site without hampering safe and efficient traffic
circulation along adjoining streets, alleys, fire lanes, driveways
and parking areas and without blocking fire hydrants or other critical
infrastructures.
(5)
Whether loading and unloading can be performed
on site exclusively in the back or side yards of the property, and
if such loading areas are designed to be sensitive to adjacent residential
properties.
(6)
Whether adequate parking is provided on site
(one space per 250 square feet of gross floor area) and screened from
adjacent residential properties by incorporating shade trees and landscape
features into the design.
(7)
Whether buildings, site designs, and on-site activities are consistent with Chapter 110, Noise, of the Village Code and incorporate appropriate measures to ensure that site activities and operations do not generate noise that adversely affects adjacent residential uses and districts.
(8)
Whether the design includes transitional side
and rear buffers to be installed and maintained by the nonresidential
property owner along the property lines, including landscape plantings
and a fence or berm.
(9)
Whether the design includes outdoor lighting
that is installed so that all light emitted does not shine on or illuminate
any neighboring property.
(10)
Whether a waste management plan is provided
to ensure that the site is kept clean and free from litter and odors,
and designed to be sensitive to adjacent residential properties.
C.
The
specific design standards and details of the project will be determined
by the Planning Board as part of the site plan review process, but
the following conditions will be required of any special exception
approval:
(1)
Where the property adjoins residentially zoned land, a nondisturbance transitional yard setback and buffer zone shall be required along the sides and rear of the nonresidential property. The specific depth and conditions of the buffer shall be determined by the Planning Board based on the criteria set forth in § 197-63G(11), except that such depth shall be not less than 20 feet nor more than 40 feet. The Planning Board may require additional or alternative plantings and screenings beyond those required under § 197-63G(11)(c), including the installation of an opaque fence.
(2)
Principal structures shall be set back 25 feet from any rear property
line or a minimum of five feet from the required transition yards
or buffers, whichever is greater. The Board of Trustees may but shall
not be required to allow lesser setbacks when preexisting, nonconforming
buildings are incorporated into the proposed special exception use,
and the Board finds that the use of such building setbacks shall not
cause adverse impacts due to the proposed special exception use.
(3)
Total coverage by buildings, structures, pavement and other impermeable
surfaces shall not exceed 80% of the property.
(4)
Whenever practical, the primary structure on the lot shall have its
main entrance facing the principal street on which it is located.
(5)
A traffic impact study shall be submitted to demonstrate that significant
adverse traffic, parking, and circulation impacts will not occur from
the proposed uses.
(6)
All on-site service areas, such as unloading operations and garbage
pickup, and facilities such as packer units, RPZ valves, LP tanks,
transformers, condensers, mechanical equipment and HVAC units, shall
be screened from streets, common driveways and adjacent properties
by means of opaque screening in the form of fencing, berms or plantings,
or a combination thereof, to a height of at least six feet. The details
of such screening shall be subject to approval by the Planning Board
during site plan review.
(7)
Loading shall not be permitted in the front yard of the property.
A loading plan shall be provided to and approved by the Planning Board
during site plan review, and such plan shall, at a minimum, show the
location of loading areas, design details, screening, lighting, hours
of operation of loading facilities, truck access locations and on-site
circulation, and methods for avoiding adverse noise impacts. Loading
areas shall be designed to be sensitive to adjacent residential properties
and recessed loading bays in the principal building are encouraged.
(8)
Required parking shall be provided on site at one space per 250 square
feet of gross floor area in accordance with footnote 1 of the Schedule
of Off-Street Parking Space Requirements (197 Attachment 3) of the
Village Code. A parking plan shall be provided to and approved by
the Planning Board during site plan review, and such plan shall be
made as unobtrusive as possible by incorporating shade trees and landscape
features in the design, while respecting transition yard and buffer
requirements.
(9)
No outdoor storage of materials, equipment or supplies shall be permitted
on the site. Outdoor sales, dining, tables, seating, benches and/or
music shall not be permitted unless:
(10)
Buildings, site designs, and on-site activities must be consistent with Chapter 110, Noise, of the Village Code and must incorporate appropriate measures to ensure that site operations and activities do not generate noise that adversely affects adjacent residential uses or districts.
(11)
Outdoor lighting shall only be allowed pursuant to a detailed plan
presented to and approved by the Planning Board as part of the site
plan review. Such plan shall, at a minimum, comply with the following
standards:
(a)
No outdoor lighting shall be maintained or operated in such a manner
to cause a nuisance. Nonresidential outdoor lighting shall be designed
and installed so that all light emitted does not shine on or illuminate
any neighboring property.
(b)
All outdoor lighting fixtures shall be fully shielded and aimed downward.
(c)
Outdoor lighting fixtures shall not be mounted on a building or structure
higher than 12 feet from grade to the lowest light-emitting part of
the fixture (with the exception of fully recessed soffit lighting
that otherwise complies with this article).
(d)
Outdoor lighting fixtures may be mounted on a freestanding pole up
to a height of 14 feet from the grade to the lowest light-emitting
part, unless it is demonstrated that a higher mounting height would
better accomplish the purpose of this article.
(e)
Parking areas and vehicle/pedestrian circulation areas shall be lit
at night only to the degree necessary to ensure safe and convenient
access when the business is open. All lighting, with the exception
of essential security lighting, shall be switched off 1/2 hour after
the closing of the business and may not be turned on until 1/2 hour
prior to opening.
(13)
A waste management plan shall be required to ensure that the site
is kept clean and free from litter, vermin and odors. The details
of such plan shall be presented to and approved by the Planning Board
during site plan review but must include, at a minimum, details regarding
dumpster location, method and design of screening, and days and times
of garbage pickup. Waste receptacles shall be designed to be sensitive
to adjacent residential properties and waste receptacles recessed
within principal buildings are encouraged.
[Added 5-7-2009 by L.L. No. 4-2009]
A.
No vehicle
may park on site that is in excess of 20 feet or 8,000 pounds.
B.
There
shall be no exterior or interior storage of items, including but not
limited to materials, equipment, tools, or supplies related to the
contractor's business other than administrative office use items.
C.
There
shall be no overnight parking of company or employee vehicles permitted
on the premises.
D.
Contractor's administrative offices located in the HD Zoning District
may be permitted to reduce the required rear yard setback to a minimum
of 50 feet, subject to the discretion of the reviewing board.
[Added 11-7-2019 by L.L.
No. 9-2019]
[Added 5-14-1982 by L.L. No. 9-1982]
In addition to the requirements set forth in this article, in the instance of a special exception application made pursuant to the provisions of § 197-40A through E, the following conditions shall apply:
A.
Upon receipt of the application, the Board of Trustees shall refer it to the Planning Board for site plan review pursuant to § 197-29, and no special exception application can be granted without approval by the Planning Board of the site plan.
B.
In the instance where the permit sought is for the
construction of or conversion of existing structures or buildings
to a multiple dwelling or a conversion of a nonconforming boardinghouse,
hotel or motel into a residential condominium or cooperative, the
maximum number of dwelling units shall not exceed six such units per
acre of lot area in all zoning districts except the B1 District, where
the maximum number of dwelling units shall not exceed eight such units
per acre of lot area.
C.
In an application for the conversion of a nonconforming
boardinghouse, hotel or motel to a residential condominium or cooperative
or the conversion of existing structures or buildings to a multiple
dwelling, it shall include the entire lot or lots devoted to the nonconforming
use or uses or the entire lot or lots devoted to the existing structures
or buildings, and any approval shall require conversion of the entire
lot or lots to a residential condominium, cooperative or multiple
dwelling.
D.
In an application for the conversion of an existing
apartment house or multiple dwelling in existence as of the effective
date hereof to a residential condominium or cooperative or the conversion
of a lot or parcel of land used for any permitted business use or
uses of any lot or parcel of land used partially for business and
partially for residential uses as of the effective date hereof, the
following shall apply:
(1)
In an application for the conversion of an apartment
house or multiple dwelling, the Board of Trustees may waive the other
provisions of this chapter, provided that there is no expansion of
the building area and provided that there is no increase in the number
of dwelling units.
(2)
In an application for the conversion of a lot or parcel
of land used for a permitted business use or uses or a lot or parcel
of land used partially for business and partially for residential
uses, the Board of Trustees may waive the other provisions of this
chapter, provided that there is no expansion of building area and
provided that there is no increase in the number of dwelling units
nor an increase in the number of business use or uses.
E.
The dimensional requirements for the conversion of
a nonconforming boardinghouse, hotel or motel in existence as of the
effective date hereof to a residential condominium or cooperative
or the conversion of existing structures or buildings to a multiple
dwelling located in any zoning district or for the construction of
a multiple dwelling located in the B1 District the lot area shall
not be less than 100,000 square feet; the lot width shall not be less
than 150 feet; there shall be two side yards totaling not less than
100 feet, neither of which shall be less than 50 feet; the front yard
depth shall not be less than 50 feet; the rear yard depth shall not
be less than 50 feet; the building area (land coverage) shall not
exceed 15% of the lot area; and the building height shall not exceed
two stories or 35 feet.
F.
In granting any special exception permit for any nonconforming
use, the Board of Trustees must find, in addition to the other requirements
of this article, that
G.
In an application for the subdivision or conversion of a movie theater so as to increase the number of screens and performances at any time to more than one, there shall be no increase in the seating capacity of the theater, as counted on the effective date of this subsection, except upon compliance with Article III for both the existing and proposed improvements. In no event shall the number of screens or theaters within a theater complex exceed two.
[Added 2-10-1984 by L.L. No. 3-1984]
