[Amended 9-14-2004; 7-19-2022 by L.L. No. 5-2022]
A. It is the intent of this section to allow for the accessory office
use of existing primary structures on residentially zoned parcels
in the Town. If an applicant meets the requirements in this section,
then review shall be completed by the Department of Technical Services.
If it does not meet these requirements, then the applicant must obtain
approvals from the Planning Board and/or the Zoning Board of Appeals.
Residents working remotely without other employees on-site and without
customers who physically visit their properties are exempt from the
requirements of this provision.
B. Any accessory office use shall meet the following conditions:
(1) The use shall be a professional office and/or studio for an architect,
artist, engineer, insurance broker, lawyer, planner, accountant, real
estate broker, speech therapist, surveyor, massage therapist, craftsperson
and/or similar professional uses.
(2) No more than three persons, including but not limited to partners,
associates, employees, agents, representatives, or customers, may
be engaged in the operation of such use at a point in time. At least
one of these three persons shall own the property, and not more than
one of these persons shall be an employee that resides outside of
the residence.
(3) The applicant must provide adequate off-street parking as determined
by the Department of Technical Services. No employee parking shall
be permitted on the street except in the case of a person assisting
an occupant of the property with health needs or childcare needs.
[Amended 4-16-2024 by L.L. No. 4-2024]
(4) Sufficient landscaping and buffering to provide for effective protection
of the surrounding residential areas shall be provided and maintained.
(5) No freestanding signs are permitted to advertise the accessory use.
(6) No manufacturing of explosives, firearms, ammunition, combustible
products, toxic products, or other hazardous products shall take place
at the property.
(7) Outdoor storage of products is prohibited.
[Added 12-12-2006 by L.L. No. 8-2006]
A. Purpose. The Town recognizes that safe, well-situated
facilities should be provided in the Town to meet the needs of nursery
care, day-care and child education programs. The Town further recognizes
that such facilities should be provided in a manner that does not
disrupt residential neighborhoods while providing such neighborhoods
with access to such facilities. The purpose of this section is to
allow for certain types of NYS Department of Education licensed nursery/day-care-center
facilities that are most compatible in certain residential zoning
districts and to establish standards which ensure protection of those
neighborhoods. To the extent that the NYS Social Service Law preempts
local jurisdiction, these regulations do not apply to certain types
of day-care facilities.
B. Application requirements. A site development plan showing the location of structures, recreation areas, parking and dropoff areas and other requirements or conditions of a site development plan shall be submitted as part of the application for a special permit. Site development plan approval shall be as required by §
307-66.
C. Standards and conditions:
(1)
The minimum lot area on which a nursery/day-care
center shall be located is 2.5 acres.
(2)
The structure to be converted to such center
must be an existing structure with a minimum of 5,000 square feet,
having setbacks from property lines from all sides of a minimum of
75 feet.
(3)
The lot must be located in the R-40 or R-80
Residential Zoning District.
(4)
The lot must be located on a public road.
(5)
Application requirements. Upon receiving a complete
application for a special permit, the Planning Board shall forward
the application to the Town Departments of Technical Service and Environmental
Services for recommendations regarding all applicable Town Codes and
to the Fire Advisory Board and to the Police Department for recommendations
regarding public safety.
(6)
Hours of operation. All activities open to the
public shall be carried on during hours as determined by the permit-granting
authority.
(7)
Fencing, landscaping and other buffering techniques
shall be provided in such a manner as to mitigate noise, glare, visual
and other adverse impacts on adjoining properties.
(8)
Inspection. The Director of the Department of
Technical Services and his or her designee shall be granted access
to the areas of activity at all reasonable hours to inspect the same
for compliance with the conditions of any special permit.
(9)
Permits hereunder shall be issued for terms of five years and may be renewed by the Planning Board. Anytime prior to the expiration of any permit issued hereunder, upon receipt of a request for renewal by the property owner and/or revision of such permit, and upon publication and notice as provided in §
307-41B and
C of this chapter, the Planning Board will schedule a public hearing to be held to consider the renewal of any permits hereunder for an additional five-year period or the revision of any such permit. Upon a finding that the permit holder has substantially complied with the prior permit, the Planning Board may extend the permit for an additional five-year period. The same renewal process shall occur for any permit or renewal granted hereunder.
(10)
The proposed facility must be under the regulation
of the Commissioner of Education of New York State.
(11)
Traffic controls. The Planning Board shall consider
and may require, as appropriate in its judgment, any combination of
the following:
(a)
Personnel to provide for the control of traffic
coming to and leaving from the site during functions.
(b)
The use of buses and/or vans to provide the
transportation to and from the site; and specify the vehicle size
and type and the travel route to be followed.
(c)
Limited or no on-street parking.
(d)
The number and location of off-street parking spaces consistent with the standards in Article
VII of this chapter.
(12)
Conditions of operations.
(a)
Programs. The Planning Board may establish reasonable
limits for all special permit uses, including, but not necessarily
limited to, maximum number of participants per program, maximum number
of programs per day, minimum time interval between programs and/or
the starting times thereof, bus/van transportation, registration and
scheduling records.
(b)
All activities shall be operated pursuant to
the regulations of this chapter and the conditions of the special
permit. Upon failure to do so, the special permit may be rescinded
after a public hearing thereon at which the permittee shall have an
opportunity to be heard.
(13)
Records. Program registration and scheduling
records shall be maintained by the owner for at least the three most
recent years for the duration of the special permit and shall be available
for inspection by authorized Town representatives, upon reasonable
notice, during normal business hours.
(14)
The Planning Board may, in granting a special
permit for a nursery/day-care center, require such conditions and
regulations as to the operation and conduct of such center as it may
deem proper and appropriate for the safety, health and welfare of
the children and employees of such center.
[Added 7-20-2010 by L.L. No. 12-2010]
Contractors' yards will be permitted by special permit of the
Planning Board in MD Zones and M-1 Zones only as follows:
A. The setback from residential districts shall be four times (not less
than 300 feet) the required setback set forth in the Table of Dimensional
Regulations. Buffers shall be enhanced with suitable landscaping as
determined by the Planning Board.
B. On-site contractor operations. Noise levels shall not exceed 65 dB
for more than two hours in total during any workday at the boundaries
of residential districts, nor shall any unreasonably intrusive noise
be created. An "unreasonably intrusive noise" is any sound which would
annoy, disturb or irritate a reasonable person of normal sensitivities
under the same circumstances. Otherwise, operations shall not exceed
55 dB during the workday at the boundaries of the residential districts.
C. A buffer of 1,000 feet from residential districts must be maintained
to protect adjacent areas from grinding or any other processing or
storage of raw materials, including earth, compost and trees, unless
said activities are contained in a fully enclosed permanent structure.
This requirement shall not apply to any contractors' yard legally
existing at the time of the adoption of this provision.
D. The site must be on or within 1,500 feet of a state highway.
E. Fugitive dust or odors from contractor activities must be contained
on site. The Planning Board may require periodic off-site air testing
as directed by the Director of Technical Services.
F. Impervious coverage shall be limited to 55% of the site, including
the building coverage.
G. The Planning Board may require truck counters to be located at the
entrance to the facility and require that the number of daily truck
trips be monitored for a period of time following the issuance of
a certificate of occupancy, not exceeding a period of two years, at
the applicants expense, for the purpose of validating the traffic
projections and impacts created thereby.
H. Outdoor storage of materials shall not exceed 20% of the site (excluding
all buffers). Storage piles shall not exceed a height of 20 feet.
The Planning Board may require that the storage piles be located within
buildings or open sheds. Outside storage shall be limited to those
specific locations approved by the Planning Board.
I. The Planning Board may also require conformance with additional standards
in order to prevent a nuisance to neighboring properties by reason
of dust or odor or any other reason.
J. Business activities and maintenance activities requiring the use
of machinery, equipment or power tools shall be permitted between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays and from 8:00 a.m.
to 5:00 p.m. on Saturdays. All such work is prohibited on Sundays
and legal holidays.
K. The Planning Board may require that security fencing be located around
areas or structures to address safety concerns.
L. Permitted activities: storage of raw materials, vehicles and equipment
and maintenance of vehicles and equipment used in particular trade
operations and associated office uses.
M. Prohibited activities: Garbage or waste transfer stations; mining; rock/stone/concrete crushing (except as detailed in Subsection
P); the storage, processing or handling on site of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371.
N. Permit duration and renewal. Permits shall be issued conditionally
for a three-year period upon a showing of compliance with the terms
and conditions of this chapter and the special permit during the preceding
permit period.
O. Standards set forth in Subsections
H (outdoor storage) and J (business activities) as noted herein may be varied by the Planning Board.
P. Nothing contained herein shall prohibit the processing and crushing
of aggregate on the site of any approved subdivision and/or site plan
to be utilized solely on site for the construction of the improvements
required by the approval.
[Added 7-20-2010 by L.L. No. 12-2010]
Specialty trade contractors will be permitted by special permit
of the Planning Board in the CC, HC, HC-9A, MD and M-1 Zones only
as follows:
A. The setback from residential districts shall be two times the required
setback set forth in the Table of Dimensional Regulations. Buffers shall be enhanced with suitable landscaping as
determined by the Planning Board.
B. On-site contractor operations. Noise levels shall not exceed 65 dB
for more than two hours in total during any workday at the boundaries
of residential districts, nor shall any unreasonably intrusive noise
be created. An "unreasonably intrusive noise" is any sound which would
annoy, disturb or irritate a reasonable person of normal sensitivities
under the same circumstances. Otherwise operations shall not exceed
55 dB during the workday at the boundaries of the residential districts.
C. Fugitive dust or odors from contractor activities must be contained
on site. The Planning Board may require periodic off-site air testing
as directed by the Director of Technical Services.
D. Impervious coverage shall be limited to 55% of the site, including
the building coverage.
E. The Planning Board may require truck counters to be located at the
entrance to the facility and require that the number of daily truck
trips be monitored for a period of time following the issuance of
a certificate of occupancy, not exceeding a period of two years, at
the applicant's expense, for the purpose of validating the traffic
projections and impacts created thereby.
F. Outdoor storage of materials shall not exceed 20% of the developed
site. Storage piles shall not exceed a height of 10 feet. The Planning
Board may require that the storage piles be located within buildings
or open sheds. Outside storage shall be limited to those specific
locations approved by the Planning Board.
G. The Planning Board may impose such additional standards in order
to prevent a nuisance to neighboring properties by reason of dust
or odor or any other reason.
H. Business activities and maintenance activities requiring the use
of machinery, equipment or power tools shall be permitted between
the hours of 7:00 a.m. and 7:00 p.m. on weekdays and from 8:00 a.m.
to 5:00 p.m. on Saturdays. All such work is prohibited on Sundays
and legal holidays. The Planning Board may vary the above times by
not more than two hours.
I. The Planning Board may require that security fencing be located around
areas or structures to address safety concerns.
J. Permit duration and renewal. Permits shall be issued conditionally
for a three-year period upon a showing of compliance with the terms
and conditions of this chapter and the special permit during the preceding
permit period.
K. Unless set forth above, no variance of any of the above conditions
are authorized.
L. Nothing contained herein shall prohibit the processing and crushing
of aggregate on the site of any approved subdivision and/or site plan
to be utilized solely on site for the construction of the improvements
required by the approval.
[Added 11-16-2010 by L.L. No. 18-2010; amended 9-22-2020 by L.L. No. 3-2020]
Cortlandt Boulevard special permit: Along Cortlandt Boulevard (Route 6), any property with frontage thereon, in which the building was once a residential property that has since either been converted or is able to be converted into a commercial building, may upon application to the Department of Technical Services be granted a special permit to convert the entire structure for residential use. These dwelling units shall meet all of the standards of an accessory apartment listed in §
307-45 hereof except that the provisions thereof shall be modified as follows:
A. No owner occupancy is required.
B. No declaration
of covenants is required to be filed and the special permit does not
expire upon transfer of title or death of the owner.
C. No minimum building size shall apply.
D. The minimum size of the apartment shall be 400 square feet. There
is no maximum size limit.
E. Apartments shall only be studios or one bedroom. No two-bedroom allowed.
F. The units must be within the principal structure with no expansion
of the existing structure permitted.
G. The exterior appearance of the building shall be modified, as necessary,
to maintain a residential appearance of the structure. Elevation drawings
and referral to the Town's Architectural Advisory Council may be requested
by the Department of Technical Services during the review of the application.
H. One
parking space per unit is required.
I. Directional
signage, pavement striping and other details, to the satisfaction
of the Director of Technical Services, shall be required to provide
safe ingress and egress to all sites subject to this special permit.
J. All other requirements of §
307-45 unless specifically modified by this section.
[Added 9-20-2011 by Res. No. 223-11]
A. A permit
issued by the Director of Code Enforcement for the outdoor display
of merchandise shall be available to stores of 2,500 square feet of
gross floor area or less. Stores greater than 2,500 square feet of
gross floor area must receive approval from the Planning Board.
B. The
outdoor display of merchandise shall not exceed 10% of the gross area
available within the retail establishment.
C. Only
a tenant or owner of the retail premises shall be permitted to display
merchandise for sale on the exterior of the premises.
D. No parking
space shall be eliminated by the outdoor display of merchandise.
E. The
outdoor display of merchandise shall not impede pedestrian sidewalks,
walkways or any other area as determined by the Director of Technical
Services to be necessary for the proper and safe operation of the
shopping area.
F. The
Director of Code Enforcement and the Planning Board, when reviewing
the proposed locations for the sale and display of outdoor merchandise,
shall take into account the visual appearance of the proposed storage
areas, whether the areas are covered or not, issues relating to the
safe storage of the materials such as the height of the displays,
etc.
G. The
Director of Technical Services, in his sole discretion, may refer
the applicant for this permit to the Planning Board for a review by
the Planning Board without public hearing as to the granting of a
permit.
H. The
Town Fire Inspector shall review and approve the storage area to determine
that it does not block fire or emergency access to the premises.
[Added 11-19-2019 by L.L. No. 5-2019]
A. Purpose. The Town wishes to allow crushing in the M-1A Zone to allow
for the recycling of naturally occurring rock and certain construction
and demolition debris in conformance with the New York State Department
of Environmental Conservation's ("DEC") guidelines.
B. Standards and conditions:
[Amended 4-16-2024 by L.L. No. 4-2024]
(1)
The property must be in the M-1A Zone.
(2)
Processing of natural rock and other construction and demolition
debris with a beneficial use shall only occur within the limits of
any permits granted by the DEC.
(3)
Any person or legal entity who wishes to engage in rock crushing
must obtain an operating permit to be renewed yearly by the Department
of Technical Services. The Director of the Department of Technical
Services may deny the permit renewal or shut down a crushing facility
prior to the permit renewal period if it is determined that debris
from the crushing operation is migrating off-site.
(4)
All special permits are subject to the approval of the Planning
Board.
(5)
Any applicant for this special permit must establish an escrow
account to cover the Town's monitoring of the operation.
[Added 10-19-2021 by L.L. No. 6-2021]
An active adult residential community shall be added as a special
permit use granted by the Planning Board with the following standards
and conditions:
A. Minimum lot area: eight acres.
B. Maximum density: 17 units per acre.
C. Maximum building height: 50 feet with no more than three stories.
D. Maximum floor area: 135,000 square feet.
E. Required parking: 1.0 space per dwelling unit.
F. Frontage and primary access on a state road or on Oregon Road.
G. Connected to public water and sewer.
H. The requirements of this provision shall not be varied by the Zoning
Board of Appeals.