[Amended by L.L. Nos. 17-1997; 26-1997; 8-1999;
4-2000; 6-2000]
[Amended 4-29-2013 by L.L. No. 5-2013]
A.
Special permit uses defined. "Special use permit" shall mean an authorization
of a particular land use in this chapter which is permitted in a zoning
district, subject to requirements imposed by this chapter and the
approving board to assure that the proposed use is in harmony with
this chapter and will not adversely affect the neighborhood in which
it is proposed if such requirements are met.
B.
Continuing jurisdiction. All persons, entities, businesses, properties,
or their successors or assigns having received a special use permit
remain under the continuing jurisdiction of the Planning Board and,
if necessary to determine a violation of the special permit conditions
as set forth below, the Zoning Board of Appeals.
C.
Action upon violation. In the event the Building Inspector, either
as a result of an inspection requested by the Planning Board or upon
information independently known to her/him, notifies the Planning
Board that the special permit or the conditions thereof have been
violated, the Planning Board may direct the persons, entities, businesses,
property owners, proprietors, or their successors or assigns (herein
referred to as the "applicant") to appear before the Planning Board
to show compliance with the special permit and conditions thereof
or to seek a modification of the conditions to bring the use into
compliance. Within 45 days of the first appearance of the applicant
before the Planning Board for this purpose, the Planning Board shall
determine whether there is no violation; there is a violation and
the applicant proposes a reasonable remedy within a reasonable time;
or there is a violation and no remedy is proposed or the existence
of the violation is rejected by the applicant. If there is no determination
made by the Planning Board, it shall result in a determination that
there has been no violation, without prejudice to the Building Inspector's
continuing authority to notice the same or other violations thereafter.
(1)
If the Planning Board determines that there is no violation, then
that determination shall be set forth in a resolution of the Planning
Board, and the matter shall be deemed resolved, with prejudice as
to that alleged violation or violations addressed in the resolution.
(2)
If the Planning Board determines that there has been a violation,
but the Planning Board is satisfied that the matter has been remedied
or that the applicant has proposed a satisfactory remedy, then such
satisfaction, including the details of the remedy or proposed remedy,
shall be memorialized in a resolution, which shall become part of
the special permit approval and conditions.
(3)
If the Planning Board determines that there has been a violation,
but the applicant rejects this determination and does not propose
to remedy same, then the Planning Board shall refer the matter to
the Zoning Board of Appeals for a determination of whether there has
been a violation of the special permit or the conditions thereof,
and/or whether the conditions thereof are lawful and enforceable as
written, based upon facts submitted by the Building Inspector, the
applicant, and the public, together with consideration of the special
permit conditions in question, in accordance with ordinary Zoning
Board of Appeals procedure. If the ZBA determines that there has been
no violation or that the special permit or conditions thereof which
are in question are for any reason unenforceable as written, it shall
make such determination by written resolution, and the resolution
shall become part of the special permit. If the Zoning Board of Appeals
determines that the special permit or its conditions have been violated,
it shall make such determination by written resolution, and the resolution
shall become part of the special permit, with which the applicant
must comply.
D.
Special permit uses as permitted uses. Uses designated herein as
special permit uses may be considered to be permitted uses in their
respective districts, subject to the satisfaction of the requirements
and standards set forth in this article in addition to all other requirements
of this chapter.
A.
Application.
(1)
Each application for a special use permit shall be made to the Building
Inspector for referral within 10 days of receipt of the application
to the Planning Board for placement on the next available agenda,
and to the County Planning Board, if required by §§ 239-1,
239-m and 239-n of the New York State General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration, as defined in Subdivision 1 of § 239-m of
the General Municipal Law.
[Amended 4-29-2013 by L.L. No. 5-2013]
(2)
Except as limited by § 212-38A above, the application for special use permits shall contain the same information as required for site plan review by Subsection A of § 212-23, unless waived by the Planning Board. No application shall be considered as complete until such time as the Building Inspector has received all required information and documentation.
[Amended 4-29-2013 by L.L. No. 5-2013]
(3)
Each application for a special use permit shall be
accompanied by the payment of a filing fee set annually by resolution
of the Board of Trustees, which shall include the cost of one hearing
notice.
[Amended 6-24-2009 by L.L. No. 10-2009; 10-22-2014 by L.L. No.
13-2014]
B.
Planning Board action.
(1)
Planning Board jurisdiction. The Planning Board shall
have jurisdiction to review and take action on all applications for
special use permits.
(2)
Public hearing and decision on special use permits.
The Planning Board shall conduct a public hearing within 62 days
from the day an application is received on any matter referred to
it under this section.
(a)
Public notice of said hearing shall be printed in a newspaper of
general circulation in the Village at least five days prior to the
date thereof.
(b)
Mailing to adjoining property owners. The applicant shall mail notice
of the hearing, at least 10 days prior to the date of the public hearing,
unless 14 days' notice is required by SEQRA, to the owners of all
neighboring real property. Such neighboring property shall be defined
as those lots having boundaries contiguous with the boundaries of
the plot, piece or parcel of land to which the application applies
and to all other owners of real property which lie within 200 feet
of such boundaries.
(c)
Mailing by applicant. Such notice shall be mailed by the applicant,
at his or her sole cost and expense, by depositing a true copy of
such notice in a post-paid, properly addressed envelope, in a post
office or other official depository under the exclusive care and custody
of the United States Postal Service within the State of New York.
The applicant shall, at or prior to the date of the public hearing,
file with the secretary of The Planning Board an affidavit of mailing,
as proof of compliance with the foregoing notification procedure.
(d)
Property signage. The Planning Board shall require that, at least
10 days prior to the initial public hearing, the owner or applicant
post a sign giving notice of the public hearing within 25 feet of
each property line having frontage on a road or highway, including
the road or highway providing access to the property, so that it is
clearly visible to the public from such road or highway. The size
of the sign and text shall be approved by the Village Board or such
Village official as the Board may designate. The notice shall include
a statement that an application for site plan/special use permit affecting
the property has been made and such other information as the Village
Board may require. The applicant shall submit a photograph and affidavit,
or other satisfactory evidence, at the public hearing that the required
signage was duly erected and maintained in good condition until the
hearing, and shall ensure that the sign is maintained until after
the hearing is closed or the application is withdrawn, whichever occurs
first. It shall be a violation of this chapter for any person, except
the applicant or duly authorized Village official, to remove, deface
or tamper with duly erected signage during the period it is required
by this section to be maintained. The Planning Board may waive the
requirement that signage be erected when it finds that the benefit
of such notice would be disproportionate to the cost imposed on the
applicant. In such case, a waiver shall be granted by a favorable
vote of a majority of its members, and the Board shall set forth the
basis on which it determined the waiver appropriate.
(e)
The Planning Board shall decide upon the application within 62 days
after the hearing. The time within which the Planning Board must render
its decision may be extended by mutual consent of the applicant and
the Board. The decision of the Planning Board on the application after
the holding of the public hearing shall be filed in the office of
the Village Clerk within five business days after such decision is
rendered, and copies thereof provided to the Building Inspector and
mailed to the applicant.
[1]
Editor's Note: This local law also repealed former Subsection
B(3) and (4) and provided for the renumbering of former Subsection
B(5) through (7) as Subsection B(3) through (5), respectively.
(3)
Conditions and safeguards. The Planning Board shall
attach such conditions and safeguards to any approved special use
permit and development plan as are, in its opinion, necessary to ensure
initial and continual conformance to all applicable standards and
requirements. In all cases the Planning Board shall retain continuing
jurisdiction.
[Amended 4-29-2013 by L.L. No. 5-2013]
(4)
Application of standards. No special use permit shall
be granted except upon a finding by the Planning Board that the standards
and requirements for such use set forth in this article, in addition
to all other applicable regulations, have been met. The Planning Board's
written decision granting such permit shall set forth such finding.
A written decision denying such permit shall set forth findings, in
specific terms, as to the standards and requirements which have not
been met.
[Amended 8-1-2007 by L.L. No. 5-2007]
(5)
Expiration.
[Amended 4-29-2013 by L.L. No. 5-2013]
(a)
Any special use permit not exercised within one year of the
date of issuance shall expire without further hearing by the Planning
Board.
(b)
A special use permit shall be deemed to authorize only the special
use or uses specified in the approval resolution and shall expire
if the authorized special use shall cease for more than six months
for any reason.
(6)
The decision of the Planning Board shall be filed in the office of
the Village Clerk and a copy thereof mailed to the applicant. The
application should be reviewed and considered concurrently with Village
or Zoning Board review of any related application, and, subject to
compliance with the State Environmental Quality Review Act, any required
approval may be granted without any specific order, except that no
approval granted by any board of the Village shall be effective unless
and until all such concurrent applications have been granted or deemed
not to be required.
[Added 4-29-2013 by L.L. No. 5-2013]
(7)
Any person aggrieved by any decision of the Planning Board hereunder
may, within 30 days of the filing of the decision in the office of
the Village Clerk, seek judicial review pursuant to Article 78 of
the New York State Civil Practice Law and Rules.
[Added 4-29-2013 by L.L. No. 5-2013]
No special use permit shall be granted unless
the following conditions are met:
A.
In a residence district, the proposed use will serve
a community need or convenience.
B.
The location and size of the use, the nature and intensity
of the operations involved in it 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
zoning district in which it is located.
C.
The location, nature, and height of the buildings,
walls, fences and the nature and extent of existing or proposed plantings
on the site are such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings.
D.
Operations in connection with any special use will
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or other characteristics than would be the operations
of any permitted use not requiring a special permit.
E.
Parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum and adequate safety.
[Amended by L.L. No. 26-1997]
A.
[1]Townhouses in R-2 and H Districts. Townhouses in R-2 and
H Districts shall conform to the residential cluster development requirements
of this chapter.
B.
Nursing homes. Nursing homes shall meet the following
requirements:
(1)
Such use shall have frontage on or direct access to
a state or county road.
(2)
Minimum lot size for a nursing home shall be two acres.
(3)
Such use shall have a minimum of 2,500 square feet
of lot area for each patient bed.
(4)
Building coverage shall not exceed 30% of the lot
area, nor shall the sum total of land covered by buildings, parking
and access facilities exceed 50% of the lot area.
C.
Funeral homes.
(1)
Minimum lot area shall be 60,000 square feet.
(2)
Driveway intersections with public rights-of-way shall
be approved by the agency having jurisdiction over the right-of-way.
(3)
There shall be sufficient on-site paved areas to permit
the off-street assembling of funeral processions without impeding
traffic flow on adjacent streets and roads.
D.
Bars/tavern uses in B-2 Districts. Bar and tavern
uses in B-2 Districts shall meet the following requirements:
E.
Automobile storage and repair uses. Automobile storage
and repair uses shall meet the following requirements:
(1)
All major repair activities shall be conducted within
a building.
(2)
No unenclosed oil drainage pits or hydraulic lifts
shall be permitted.
(3)
Overnight outdoor storage of vehicles shall be prohibited,
except for such vehicles appropriately screened, to a maximum number
of two vehicles for each vehicle-work bay inside of a building, provided
the vehicles are stored in conjunction with the business conducted
on the premises.
(4)
All work materials shall be stored in enclosed spaces
and all necessary provision shall be made for the safe storage, use
and disposal of potentially dangerous materials.
(5)
The storage of vehicles for use as scrap or for salvageable
parts shall be considered a separate and distinct use specifically
prohibited by this chapter.
(6)
All open areas in which vehicles or parts are stored
or repaired shall not be visible from any public road. The Planning
Board may require the installation of opaque screening under such
circumstances.
F.
Gasoline filling stations. In any district where permitted,
a gasoline filling station shall be subject to the following regulations:
(1)
Filling stations shall be permitted only on lots of
40,000 square feet or more, with 100 feet minimum frontage.
(2)
The area for use by motor vehicles, except access
drives thereto, as well as any structures, shall not encroach on the
required yard area.
(3)
No fuel pump shall be located closer than 20 feet
to any side lot line nor closer than 35 feet to any street line, measured
from the outside edge of the fuel island.
(4)
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church, or any other public gathering place, park, playground or fire
station unless a street 50 feet wide lies between such service station
and such building or use.
(5)
All repair work and storage shall be within a completely
enclosed building which has a maximum height of 15 feet. Such repair
work shall not include any body repair work or spray painting or car
washing which requires mechanical equipment.
G.
Rooming houses. A special permit may be granted only
where there is a resident owner or manager authorized to undertake
such repairs or maintenance as may be ordered by the Building Inspector.
Such manager shall also be specifically authorized by the building
owner to receive legal summonses pertaining to the building.
H.
Accessory dwelling unit (ADU). Dwelling units accessory
to the principal permitted use of a building are permitted in all
districts where residences are permitted, subject to the regulations
and standards set forth below. This provision seeks to allow more
efficient use of land and buildings, especially large existing residences,
and to expand rental housing opportunities, particularly for families,
seniors, and young professionals. ADUs are compact and intended to
provide practical and affordable housing. In furtherance of this objective,
an ADU can be located within, attached to, or detached from the main
residence, without requiring any increase in lot area, subject to
the following conditions:
[Amended 11-10-2021 by L.L. No. 4-2021]
(1)
Definition. An ADU shall be located within, attached to, or detached
from the main residence. An ADU may be converted from an existing
structure (such as a garage) or built anew.
(2)
Accessory dwelling unit facilities. The accessory dwelling unit shall
be self contained, with cooking, sleeping, water, and sanitary facilities
for use of its occupants separate from the principal dwelling unit.
(3)
Restriction. ADUs may not be partitioned off, sold, or separated
from the principal dwelling unit. ADUs must remain part of the same
tax lot as the principal dwelling unit.
(4)
Short-term rentals. Per Chapter 129, Housing Standards, for "short-term rental of residential dwellings," the prohibition on short-term rentals shall not apply to permanently occupied residential dwellings or one's "permanent place of abode" if operation of a short-term rental is secondary and incidental to the use of the property as a primary residence. However, if hosting remotely or staying on premises with short-term rental guests, permanent residents (including both renters and property owners) must be able to demonstrate with written documentation in a form acceptable to the Village Code Enforcement Officer or other Building Department Official, such as voter registration or utility bills, that such individual(s) occupy the property in question. Long-term renters who host short-term rental guests must have written authorization to do so from their landlord. Landlords may host if they have a designated individual to receive guests and the property is that individual's permanent residence, demonstrable as described above.
(5)
Long-term rentals. The main residence of a property with an ADU may
be occupied by a renter if the main residence is the renter's primary
residence.
(6)
Rental registration. Where long-term rental is provided for part of any calendar year, or short-term rental is provided for part of any calendar year, the property owner shall remain current with the annual registration requirements set forth in Village Code Chapter 129, Article II for the property as both an authorized short-term rental property and a regular rental property.
(7)
Lot size. The lot must contain at least 7,260 square feet of land
area as a condition to supplementing the principal dwelling with an
accessory dwelling unit. ADUs do not count against the existing allowable
density of a lot.
(8)
Number of accessory dwelling units and dwelling units. There shall
be no more than one accessory dwelling unit or a total of two dwelling
units per residential lot under this section.
(9)
Accessory dwelling unit size. The minimum floor area for an accessory
dwelling unit shall be 300 square feet, but in no case shall it exceed
35% of the habitable area of the principal residence on the same lot.
(10)
Foundations. Foundation limitations and "as of right use status"
ADUs may be permitted "as of right" in principal structures if no
exterior changes are made to alter or extend the existing foundation
or roofline of the principal structure and so long as all other applicable
provisions of the Village Code can be achieved. Proposed ADUs for
any accessory structure in principal structures with additions or
those proposed ADUs that do not meet the requirements of this section
shall require site plan review by the Planning Board plus a review
and approval by the Village Historic Preservation Commission. No exterior
changes shall be permitted which would extend existing foundations
more than 100 square feet to accomodate an ADU unless approved by
the Planning Board and reviewed by the Historic Preservation Commission.
(11)
Water and sewer. Village Engineer or Department of Public Works
Superintendent will determine whether there is adequate water and
sewer capacity available for all newly proposed ADUs.
(12)
Setbacks. ADUs proposed to be constructed shall be subject to
existing setbacks. ADUs proposed within existing accessory structures,
including garages and barns, may not have windows above the first
floor, except obscured fixed glass windows, that will be allowed within
12.5 feet perpendicular to a rear or side lot line.
(13)
Ingress and egress. Dwellings shall have only one exterior front
entrance. All other exterior entrances shall be located at the side
or rear of buildings.
(14)
Parking. ADUs do not require additional parking. An existing
parking structure such as a garage may be converted to create an ADU
without building a replacement parking structure.
(15)
Recreation fee. Where the Planning Board finds that the proposed site plan presents a proper case for requiring contribution to a public park or recreation area pursuant to Village of New Paltz and New York State law, but that a suitable public park or recreation area of adequate size cannot be appropriately located on the site plan, the Planning Board shall require, as a condition of approval, that the applicant deposit a cash payment in lieu of land reservation with the Village Clerk. The amount of such payment for an ADU shall be 35% of the amounts per § 212-23J(3), Payment in lieu of land.
I.
Hotels.
(2)
Provide security, desk clerk, daily maid services,
housekeeping services.
(3)
The maximum number of guest rooms shall be limited
by the aggregate of residential and nonresidential minimum area requirements.
The maximum number of guest rooms shall not exceed 36 rooms per acre.
(5)
Landscaping and circulation to meet conditions of
site plan review.
J.
Outdoor cafe.
[Amended 5-26-1999 by L.L. No. 6-1999; 4-29-2013 by L.L. No.
5-2013]
(1)
Such use shall conform to zoning district standards for setbacks,
lot coverage and off-street parking.
(2)
An outdoor cafe or dining deck may be located in the front of the
building and in side or rear yards, provided it is screened from neighboring
residential properties.
(3)
Outdoor cafes adjoining residential properties at the rear or side
yards shall be closed to patrons at 9:00 p.m. All other outdoor cafes
shall be closed to patrons at 11:00 p.m.
(4)
No outdoor cooking of food shall be permitted.
(5)
Operation and maintenance of such use shall be in conformity with
applicable regulations of other chapters of the Village of New Paltz
Municipal Code regulating health, noise, and licensing.
K.
Senior citizen development.
(1)
Purpose and findings. The Village of New Paltz wishes
to encourage a variety of housing types to serve the present and future
owner-occupied and rental housing needs in the Village, including
housing for older persons for the following reasons:
(a)
Decent and appropriate housing is essential
to sustaining the health and dignity of all Americans;
(b)
While great progress has been made in improving
housing conditions, many older persons still cannot find or afford
suitable housing;
(c)
Housing for older persons should be integrated
with other services in order to maintain their independence; and
(d)
Many older Americans choose to live together
with fellow senior citizens in retirement-type communities and appreciate
living in environments tailored to their specific needs.
(3)
Special permit authorized. A special use permit may be granted by the Village Planning Board for a senior citizen development in accordance with the procedures of Article VII of this chapter and subject to the provisions of this section. The proposed development must contain at least 24 separate dwelling units to be eligible for consideration under this law. Applicants shall carry the burden of proof to demonstrate compliance with the requirements of this section.
(4)
Regulations and certification.
(a)
The occupancy for a senior citizen development
shall be limited to persons who are 55 years of age or over. Providers
of housing for persons who are 55 years of age or over must demonstrate
an intent to provide housing for this age group in its marketing to
the public and in its internal operations. Providers of housing for
older persons shall not allow such housing to discriminate on the
basis of race, color, religion, sex, handicap or national origin.
Persons under the age of 55 may be accommodated in a senior citizen
development under the following circumstances:
[1]
A spouse or domestic partner under the age of
55 years who is residing with a spouse or domestic partner who is
of the age of 55 years or older.
[2]
A child who is at least 19 years of age, who
is residing with his or her parent who is of the age of 55 years or
older.
[3]
An adult under the age of 55 years will be admitted
as a permanent resident if it is established that the presence of
such persons is essential for the physical care of the eligible older
occupant or occupants.
[4]
Employees of the senior citizen development
will be admitted as permanent residents provided these employees perform
substantial duties directly related to the management or maintenance
of the housing.
[5]
Qualified individuals with a disability shall
not be subject to the age requirements of this section.
(b)
Certifying documentation of the age requirements
of this section shall be filed with the Building Inspector for each
apartment or dwelling unit occupied. Where the senior citizen development
is subject to the age requirements of the state or federal government,
the certifying documentation required to satisfy such governments
may be used to satisfy these requirements.
(c)
It shall be the duty of the owner of the senior
citizen development to file a certificate of compliance with the Building
Inspector within 30 days of occupancy indicating compliance with the
requirements relating to the age of the occupants in each dwelling
unit. A new certificate shall be filed within 30 days after any change
of occupancy.
(d)
The owner of a senior citizen development shall
file a report each year with the Building Inspector certifying compliance
with these provisions.
(5)
Amenities.
(a)
Specific amenities designed to meet the physical
or social needs of older persons are encouraged and shall be permitted
either in a separate building on the premises of the development or
in combination with dwelling units. The services shall be subordinate
to the residential character of the development, shall be located
out of public view with no outside advertising, and shall be available
only to residents and employees of the development.
(b)
Approval of a site development plan for dwelling
units in a senior housing development in no way constitutes approval
for installation of any type of related facility or service.
(c)
The following amenities may be approved by the Planning Board, subject to §§ 212-38 through 212-41 of the Village Zoning Law:
[Amended 9-25-2001 by L.L. No. 10-2001]
[1]
Central food services.
[2]
Self-service laundry.
[3]
Lounge.
[4]
Game room.
[5]
Recreation room.
[6]
Outdoor recreational facilities.
[7]
Exercise or multipurpose room.
[8]
Workshop.
[9]
Library.
[10]
Sauna/spa whirlpool.
[11]
Doctor's or dentist's office.
[12]
Personal services.
[13]
Housekeeping services.
[14]
Banking services.
[15]
Convenience store (not more that 1,500 square
feet and limited to developments of more than 50 units located more
than 1/4 mile from nearest store).
(d)
Maintenance and upkeep of senior citizen developments
is an ongoing obligation of the owner. All developments shall employ
a resident manager on-site to ensure that care and maintenance is
accomplished on a regular basis.
(e)
The Planning Board shall give special consideration
to emergency provisions such as fire alarms and panic buttons for
the safety of the residents of the development.
(6)
Grounds and landscaping.
(a)
Landscaping shall be provided in accordance with the requirements of § 212-23 of this chapter. Additional requirements shall include planting of street trees along all streets and/or driveways at a minimum average spacing of 30 feet but no closer than 15 feet to intersections on center.
(b)
Exterior architectural features shall be of
a quality, character, compatibility and appearance that is in harmony
with the surrounding neighborhood and the Village of New Paltz and
will not adversely affect the general welfare of the inhabitants of
the Village of New Paltz. The Planning Board will be responsible for
providing a review of such exterior architectural features.
(c)
Senior citizen developments shall preserve,
to the greatest extent possible, mature trees, rock outcrops, significant
slopes, wetlands, stream corridors and any other significant natural
and/or cultural resources.
(d)
Trees shall have a minimum caliper of 2 1/2
inches at the time of planting. When no lane of parking is provided
along streets, trees shall be planted between the sidewalk and the
travel lane at a minimum of 2 1/2 feet from the edge of the street.
Landscaped areas shall comprise a minimum of 20% of the total parking
lot area. Use of native species and low-maintenance plants are encouraged.
(e)
A minimum of 125 square feet of usable outdoor
common area per dwelling unit shall be provided. Outdoor common area
shall be well-defined by landscape plantings and shall be linked to
the natural open space of the site. Gardening opportunities for residents
shall be incorporated into the design of outdoor common areas. Seating
accommodations that allow for conversation shall be provided in such
common areas.
(7)
Vehicles and parking.
(a)
Senior citizen development site plans shall
emphasize pedestrian circulation and shall provide a safe and reasonable
system of drives, service access and parking conveniently accessible
to all occupants. Two means of vehicular access shall be provided
to Village streets. Sidewalks shall link parking lots, transit stops
and buildings on-site and with adjacent properties, as appropriate.
To ensure safe and reasonable access, the Planning Board may refer
the application to the Village Fire Department for their review.
(b)
On-site facilities for vehicle parking for senior
citizen developments (other than for life-care or continuing-care
retirement communities) shall be provided for each unit in accordance
with the following formula:
[Amended 7-9-2003 by L.L. No. 4-2003]
|
Dwelling Unit Type
|
Bedrooms
|
Spaces/Unit
| |
|---|---|---|---|
|
Multiple
|
1
|
0.65
| |
|
Multiple
|
2
|
0.85
| |
|
Single-family or two-family
|
1
|
1.00
| |
|
Single-family or two-family
|
2
|
1.25
| |
|
Overflow parking
|
-
|
0.25
|
[1]
In addition to the foregoing, two additional
spaces shall be provided for resident managers for each such development.
(8)
Locale.
(a)
Senior citizen developments shall be located
in areas suitable for residential purposes and shall be reasonably
free of objectionable conditions such as industrial odors, noise and
dust.
(b)
Senior citizen development sites shall provide
residents with reasonable access to such conveniences and facilities
as public transportation, hospital and medical services, shopping,
religious, cultural and recreational facilities, and personal services.
Reasonable access shall mean that such conveniences and facilities
are available within 1/4 mile of the development or that the owner
of the development has made provision for regularly scheduled shuttle-type
transportation service to such facilities.
(9)
Life-care or continuing-care retirement community.
[Added 9-25-2001 by L.L. No. 10-2001; amended 7-9-2003 by L.L. No. 4-2003]
(a)
In order to provide continuing care, enriched
housing and nursing care facilities are permitted as accessory uses
in independent-living senior citizen developments.
(b)
Home care services, including medication, meals
and assistance with activities of daily living such as bathing, dressing
and ambulation, may be provided to residents of independent living
units.
(c)
Enriched housing units without kitchens may
be included within congregate dwellings in which three meals a day
are provided. For determining compliance with density regulations,
each enriched housing unit within a congregate dwelling and each nursing
care bed shall count as one unit.
(d)
On-site facilities for vehicle parking for life-care
or continuing-care retirement communities shall be provided in accordance
with the following formula:
|
Dwelling Unit Type
|
Bedrooms
|
Spaces/Unit
| |
|---|---|---|---|
|
Multiple
|
1
|
0.65
| |
|
Multiple
|
2
|
0.85
| |
|
Single-family or two-family
|
1
|
1.00
| |
|
Single-family or two-family
|
2
|
1.25
| |
|
Enriched housing
|
n/a
|
0.50
| |
|
Nursing unit (bed)
|
n/a
|
0.50
| |
|
Overflow parking
|
-
|
0.25
|
(e)
The combined total of enriched housing units
within congregate dwellings and nursing care beds, in any combination
thereof, shall not comprise more than 40% of the total units in any
senior citizen development.
(f)
Accessory enriched housing and nursing care facilities under this section shall not be considered nursing homes under § 212-41C.
(g)
Life-care or continuing-care retirement communities
must comply with New York State licensing regulations under NYCRR
Title 10, Chapter VII.
L.
Commercial group.
(1)
Lot area. The minimum lot area shall be one acre.
(2)
Maximum commercial floor area. The cumulative gross
floor area of all commercial activities in the commercial group shall
not exceed the on-site parking capacity of the lot calculated at one
parking space per 200 square feet of gross floor area.
(3)
Location of off-street parking. Off-street parking
shall be located behind the structure or structures housing the commercial
group.
(4)
Protection of adjacent residential buildings. Where
residential districts abut, the Planning Board may require additional
screening or rear yard setbacks.
M.
Essential services.
O.
Grocery store.
P.
Nonprofit clubs, lodges, and fraternal organizations.
(1)
The residential character of buildings in B-1 Districts shall be
maintained.
[Amended 4-29-2013 by L.L. No. 5-2013]
(2)
The lot area shall be adequate to provide on-site parking at a ratio
of one on-site space per 200 square feet of gross floor area of the
building.
[Amended 4-29-2013 by L.L. No. 5-2013]
(3)
Retail sales shall be limited to members and their
guests.
(4)
Unenclosed recreational facilities shall be located
not less than 50 feet from any property line and shall be effectively
screened from adjoining residential uses.
Q.
Nursery school. Documentation for site plan approval
shall demonstrate adequate provision for health and safety, off-street
parking and vehicular access, and approval from state, county, and
local agencies having jurisdiction.
R.
Offices, general and professional. Such activities
and services shall not include the fabrication and/or sale of commodities.
S.
Recreational, indoor commercial. Skating rinks, bowling
alleys, theaters, dance and music areas, video arcades, and other
indoor commercial recreation facilities with a capacity for 20 or
more patrons shall comply with all applicable state, county, and local
regulations concerning off-street parking and health, building, fire,
safety, and environmental standards.
T.
Restaurant.
(1)
Restaurants in B-1 Districts shall meet the following
standards:
(a)
The minimum lot area shall be 40,000 square
feet.
(b)
There shall be sufficient lot area to provide
one off-street parking space for each four seats plus one additional
space for every two employees at peak hours.
(c)
Parking shall be in the rear yard.
(d)
Restaurants shall be located only in residential
buildings whose exterior residential appearance shall not be altered.
(e)
If adjacent to an existing residential use,
additional setback distances and screening may be required by the
Planning Board
(2)
Restaurants in B-2 and Gateway Districts shall meet
all applicable standards for height, lot coverage, and off-street
parking stated elsewhere in this chapter.
U.
Restaurant, fast food.
(1)
The minimum lot area shall be 60,000 square feet.
(2)
Access shall be from a state or county road.
(3)
A traffic plan prepared by a qualified expert shall
be included with other site plan review documents. Such plan shall
attest to the adequacy of sight distances at entrances and exits,
on-site circulation and parking, and the ability of the proposed facility
to operate without impeding traffic flow on boundary streets.
(4)
There shall be a minimum of one off-street parking
space per 75 square feet of gross floor area plus one additional off-street
parking space per employee at peak hours.
(5)
Stacking lanes for vehicles using drive-up windows
shall have a capacity of 20 vehicles.
V.
Retail business not otherwise mentioned. Such business
shall be reviewed for its ability to function without negative impacts,
such as traffic and noise, on neighboring properties. Off-street parking
and loading requirements will be drawn from the most comparable retail
activity for which standards have been established.
W.
Transportation uses (taxi, bus station).
(1)
The minimum lot area shall be 60,000 square feet.
(2)
The maximum building coverage shall be 15%.
(3)
A report by a certified traffic expert shall be submitted
with other site plan documents certifying the adequacy of on-site
circulation and parking and the appropriateness of vehicular entries
and exits to maximize sight distances and minimize interference with
through traffic.
X.
Warehouse and storage facility adjoining a retail
business. The operation of a warehouse and storage facility adjoining
a retail business shall meet the following standards:
(1)
The lot size of the premises shall consist of at least
43,560 square feet (one acre).
(2)
The premises must abut Main Street or North Chestnut
Street.
(3)
The retail business to be conducted at the premises
must be a permissible use for the zoning district in which the premises
are located.
(4)
The goods, wares, and merchandise stored in the warehouse
or storage facility must be of the same nature as the goods, wares,
and merchandise offered for sale in the adjoining retail sales area.
(5)
The cumulative gross floor area of all structures
devoted to warehouse or storage purposes shall not exceed an amount
equal to five times the combined cumulative gross floor area devoted
to retail sales and office uses.
(6)
The structures used for warehouse or storage purposes
shall not be used for or in proximity to potentially hazardous or
noxious uses.
(7)
In the event of several principal buildings, all buildings
shall be owned or rented under single ownership.
(8)
The use of the premises shall conform to all applicable provisions of the Village Density Control Schedule (§ 212-15) relating to setbacks, lot coverage, and building height.
(9)
All applicable off-street parking and loading requirements set forth in Article VIII of this chapter shall be met. No on-road deliveries shall be permitted. At least one loading berth shall be required of sufficient size to handle expected delivery vehicles.
(10)
The Planning Board may require additional screening
or side-yard setbacks for portions of the premises adjoining any residential
zoning districts.
(11)
The Planning Board may require a traffic plan
prepared by a qualified expert to attest to the adequacy of the site
distances at entrances and exits, on-site circulation and parking
for retail consumers and delivery vehicles, and the ability of the
proposed facility to operate without impeding traffic flow on boundary
streets and the impact of vehicular ingress and egress on neighboring
properties.
(12)
Outdoor storage of commercial vehicles shall
be limited to two motor vehicles per loading berth provided the vehicles
are stored in conjunction with the business conducted on the premises.
(13)
No repair work, other than of an emergency nature,
shall be performed upon commercial vehicles at the premises.
(14)
Final approval by the Planning Board is contingent upon the applicant obtaining a permit issued by the Fire Code Enforcement Officer for the storage of any goods, wares, or merchandise described in Subsection D of § 113-5 of the Municipal Code and shall be subject to the conditions and limitations, if any, upon which such permit is issued.
Y.
Houses of worship. Houses of worship located in the
P-B Zoning District shall adhere to the following requirements:
[Amended 2-15-2006 by L.L. No. 5-2006]
(1)
Each lot shall contain a single building to be used
for the primary purpose of worship and religious instruction.
(2)
No building shall be used to conduct a retail, mail
order, publishing, or warehouse business.
(3)
No portion of the premises shall be used as a residence.
(4)
The use of the premises must comply with the Ulster
County Department of Health requirements for water supply and sanitary
sewer systems. The building must be connected, at the expense of the
property owner, to the water distribution and sanitary sewerage systems
of the Village within 60 days after water and sewer mains are installed
in the roads adjoining the premises.
(5)
A buffer zone, consisting of trees, shrubs, and other
screening or fencing, may be required by the Planning Board to mitigate
possible nuisance to adjoining properties due to lights, noise, or
activities generated on the site.
Z.
Shared space usage. Businesses and offices shall meet
the following requirements to be eligible for consideration of shares
space usage approval:
[Added 3-12-1997 by L.L. No. 4-1997]
(1)
Each business or office use shall occupy a minimum
of 300 square feet of gross floor space.
(2)
The area of each business or office use shall be set
aside by walls, partitions or other structures which clearly define
the space occupied by that use and separate it from adjacent uses.
(3)
The aggregate area of the shared space shall meet
all existing building and fire codes.
AA.
Hostel. The following are applicable standards for
hostel uses:
(1)
The length of stay by a guest shall not exceed two
weeks.
(2)
A minimum of 40 square feet per bed is required in
each sleeping room.
(3)
There shall be continuous staff supervision at the
premises.
(4)
All hostel uses within the H Historic Zoning District
must be contained within existing structures.
