Town of Cortlandt, NY Additional Special Permit Standards and Conditions for Specific Uses

The purpose of this section is to allow accessory apartments by special permit on single-family properties in zoning districts where single-family dwellings are permitted, except where enforceable deed covenants prohibit the same, in order to provide the opportunity and encouragement for the development of small rental housing units designed, in particular, to meet the special housing needs of single persons and couples of low and moderate income, both young and old, and of relatives of families presently living in the Town of Cortlandt. Further, it is the purpose of this section to allow the more efficient use of the Town's stock of dwellings and accessory buildings; to provide economic support for present resident families of limited income; to protect and preserve property values; and to preserve the character and appearance of single-family neighborhoods.

To achieve these goals, the following standards and conditions apply.

Standards and conditions.

No more than one accessory apartment per lot may be permitted, nor shall the total number of dwelling units on any lot exceed two.

No accessory apartment may be permitted in a two-family dwelling.

No special permit for an accessory apartment within a single-family dwelling shall be issued unless three years have elapsed from the date of issuance of a certificate of occupancy for the dwelling or unless no certificate of occupancy is required pursuant to Local Law No. 6-1992 of the Town of Cortlandt[1] for such dwelling.

Editor's Note: See Ch. 149, Code Administration and Enforcement.

No special permit for an accessory apartment in an accessory building may be issued, except in R-80 and R-40 Districts where such accessory building existed prior to April 21, 1979. (April 21, 1979, is the date of Town-wide aerial photography.)

The owner of the lot upon which the accessory apartment is located shall occupy one of the dwelling units on the premises as his principal residence.

The special permit shall be issued to the owner of the premises. The owner/applicant shall be required to file on the subject property a declaration of covenants at the Westchester County Clerk's office prior to the issuance of a special permit for an accessory apartment. This declaration shall be in favor of the Town of Cortlandt and shall state that:

The special permit for an accessory apartment or any renewal of said special permit shall terminate upon the death of the owner or upon the transfer of title to said premises or upon the owner no longer occupying the premises as his principal residence.

The new owner of the premises shall have to apply to the Zoning Board of Appeals for a special permit to continue the accessory apartment.

Should there be a change in ownership or a change in the residence of the owner, a new application is required to be submitted to the Department of Technical Services to continue the use of the accessory apartment.

[Amended 11-10-2020 by L.L. No. 4-2020]

Dimensional requirements. The following regulations shall apply:

Accessory apartments within single-family dwellings:

Minimum size of single-family dwelling: 1,600 square feet.

Minimum size of accessory apartment: 400 square feet.

[3]

Maximum size of accessory apartment: 25% of the habitable floor space of the principal dwelling or 600 square feet, whichever is less, unless in the opinion of the Zoning Board of Appeals a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.

Accessory apartments in accessory structures:

Minimum size of accessory building to be expanded for an accessory apartment: 200 square feet.

Minimum size of accessory apartment: 400 square feet.

[3]

Maximum size of accessory apartment: two bedrooms.

[4]

Minimum side and rear yards: as required for the principal dwelling, except that the Zoning Board of Appeals may vary front, rear and side yard requirements.

Exterior appearance. If an accessory apartment is located in the principal dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the appearance of the building will remain as a single-family residence. In cases where alterations are to be made to accommodate the accessory apartment, elevation drawings may be required to be submitted with the application for a special permit.

Off-street parking. Off-street parking shall be provided in conformance with the requirements of Article VIII.

There shall be no renting of rooms in either the accessory apartment or in the principal dwelling.

(12)

The accessory apartment shall meet the standards of the New York State Uniform Fire Prevention and Building Code for habitable space.

§ 307-46 Residential office uses.

[Amended 9-14-2004; 7-19-2022 by L.L. No. 5-2022]

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.

Any accessory office use shall meet the following conditions:

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.

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.

The applicant must provide adequate off-street parking as determined by the Department of Technical Services.

Sufficient landscaping and buffering to provide for effective protection of the surrounding residential areas shall be provided and maintained.

No freestanding signs are permitted to advertise the accessory use.

No manufacturing of explosives, firearms, ammunition, combustible products, toxic products, or other hazardous products shall take place at the property.

Outdoor storage of products is prohibited.

§ 307-47 Conversion of dwelling to funeral service or construction of funeral service facility.

[Amended 5-13-2003]

Purpose. The purpose of this section is to establish conditions under which dwellings may be converted to funeral service facilities or to allow the construction of a funeral service facility.

Standards and conditions.

The lot on which the funeral service is located shall have frontage on Route 9, Route 9A, Oregon Road, Route 6, Route 202 or Route 129.

The minimum lot area shall be one acre.

[Amended 9-14-2004]

The exterior appearance of the dwelling shall be maintained as a single-family dwelling to the fullest reasonable degree, or the proposed construction shall not be incompatible with the character of a residential neighborhood. In cases where alterations are to be made to the front facade to accommodate the funeral service or for proposed construction, facade renderings showing the proposed alterations or proposed construction are to be submitted with the application for special permit.

No sign, other than a single nameplate sign pursuant to the requirements of Chapter 245, Signs, of the Town of Cortlandt Code, indirectly illuminated or nonilluminated, shall be permitted.

The permit-granting authority may reduce the number of parking spaces required by Article VIII of this chapter when it finds that the maximum anticipated number of cars at the funeral service facility, because of its particular type, location, hours of operation, capacity of the facility or other reasons, would be less than the required number of spaces, but in no event may the requirement be reduced below one space per 50 square feet floor space in assembly rooms.

§ 307-48 Business and professional offices and two-family dwellings in transitional locations.

Purpose. Recognizing that the potential for conflict between incompatible land uses is greatest at the boundary between residential and nonresidential districts, it is the purpose and intent of this section to provide for and encourage office uses and two-family dwellings in locations where they can contribute to an orderly transition between commercial uses and residential uses.

The Planning Board shall forward all special permit applications for business and professional offices and two-family dwellings in transitional locations to the Zoning Board of Appeals. The Board of Appeals, within 30 days of receipt of the application, shall comment upon the nature of the use, its attributes and its suitability for the neighborhood in which the use is proposed to be located.

Standards and conditions.

Uses. Business and professional offices and two-family dwellings located entirely within a building, including accessory uses thereto, are permitted. Retail sales of goods or services and storage of products are prohibited. Signs shall be permitted as specified in Chapter 245, Signs, of the Town of Cortlandt Code.

Location. Business and professional office uses and two-family dwellings as regulated by this section may be permitted only in transitional locations as defined by this chapter.

Dimensional requirements. Minimum lot area, width and yard dimensions and maximum lot coverage and building height shall be as follows:

For business and professional offices: as specified for a single-family dwelling in the district in which the proposed office use is located.

For two-family dwellings: as specified for a two-family dwelling in the RG District.

Parking. A parking plan showing parking areas, landscaping and adjacent uses shall be submitted as part of the application for a special permit. Off-street parking shall be provided as required by Article VIII of this chapter. Parking areas shall not be located in front yards, unless the permit-granting authority finds that the parking requirement cannot be satisfied by locating the required parking spaces in side and rear yards. In such cases, no more than 50% of the required parking spaces may be located in front yards.

Screening. Parking areas shall be screened along all lot lines adjacent to other lots in residential districts by fencing and planted materials in a manner such that the visual impacts of such areas upon adjacent properties are minimized.

Residential appearance. In cases where alterations are to be made to the building facade, facade renderings showing the proposed alterations are to be submitted as a part of the application for a special permit. Existing and proposed buildings shall maintain a residential appearance to the extent feasible in the judgment of the permit-granting authority. In making this judgment, the permit-granting authority shall consider the following:

Front, side or rear building elevation visible from a street, including the size and arrangement of doors, windows, porticos, garages, chimneys or other openings or breaks.

Other significant design features, such as but not limited to materials, color, roof shape, exposed mechanical equipment, service and storage enclosures, signs, landscaping, retaining walls, dividing walls, fences and lighting posts.

§ 307-49 Office, residential and certain commercial uses of historic structure.

[Amended 8-15-1995]

Purpose. The purpose and intent of this section is to provide for and encourage the preservation of historic buildings located within the Town of Cortlandt by permitting residential and/or professional office use and commercial art handicraft uses with minimal nuisance value of such buildings, regardless of zoning district or districts in which such buildings are located.

Standards and conditions.

Uses and location. Structures may qualify for a special permit in any zoning district under this section only if they are listed in the National Register of Historic Places or some other listing or recognition of historic places by New York State, Westchester County or the Town of Cortlandt Town Board. The following structures are recognized and the following uses are permitted:

Upper Manor House: congregate elderly residence.

Peekskill Pumphouse: piano restoration, repair and tuning.

There shall be no enlargement or significant exterior alteration of any such building unless it is necessary to preserve and protect its historical and architectural integrity or to allow for economically feasible reuse.

Each dwelling unit to be located in any such building shall contain no less than 700 square feet of habitable space.

Existing lot area and width shall not be reduced except in compliance with the lot area and width standards applicable to the district in which the building is located and in compliance with Chapter 265, Subdivision of Land, of the Code of the Town of Cortlandt.

Site development plan approval by the Planning Board is required.

§ 307-50 University, college or seminary.

Purpose. The purpose of this section is to allow higher educational facilities to locate in the Town in a manner which is compatible with and not disruptive to the residential neighborhoods and business areas of the Town.

Standards and conditions. Unless in the opinion of the Planning Board a greater or lesser amount of floor area, lot frontage, yards or building or landscaped coverage is warranted by the specific circumstances of the facility, the following shall apply:

Minimum lot area: 25 acres.

Minimum frontage: 200 feet.

Yard requirements. All structures shall be set back at least 100 feet from any lot line or street line.

Maximum building coverage: 25%.

Minimum landscaped coverage: 50%.

Parking area lot line setback: 50 feet.

Maximum height: 70 feet.

Access to the premises shall be via state or county highways only.

Fencing, buffering and landscaping shall be provided in such manner as to protect neighboring property from adverse impacts and shall conform to the standards established in §§ 307-21B and 307-22 of this chapter.

§ 307-51 (Reserved) [1]

Editor's Note: Former § 307-51, Nursery school, was redesignated as § 307-12.1 9-14-2004.

§ 307-52 Country club.

Purpose. The purpose of this section is to provide for the recreational needs of Town residents by allowing country clubs in the Town and to ensure that such facilities are developed in a manner that is not disruptive to the neighborhood.

Standards and conditions. Standards and conditions shall be as follows:

The club and its facilities shall be operated for recreational, social or athletic purposes, but this requirement shall not be construed to prevent the utilization or rental of such club or parts thereof for benefits or performances for a recognized charity or for meetings of other organizations.

[Amended 9-19-2000]

Minimum lot area: 50 acres.

Minimum frontage: 250 feet.

Required yards and lot line setbacks:

Buildings: 75 feet, all yards.

Recreation and activity areas other than golf courses: 75 feet from all lot lines.

Golf courses: No required setback from lot lines, except that the line from any tee to its green shall be at least 100 feet from all property lines.

Parking areas: 50 feet from all lot lines.

Buffers, fencing and landscaping shall be provided in such a manner as to protect the neighborhood from noise, glare, visual impacts, stray balls and other adverse impacts.

The permit-granting authority may reduce the number of parking spaces required by Article VIII of this chapter when it finds that the maximum anticipated number of cars at the facility, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than the required number of spaces, but in no case may the requirement be reduced below one space for each three memberships.

The dimensional standards and limitations set forth in Subsection B(2) through (4) above may be varied by the permit-granting authority upon a showing that any such variance is consistent with the purposes of this section and will not adversely affect the health, safety and welfare of the community.

[Added 9-19-2000]

§ 307-53 Tennis club, yacht club or similar membership sports and recreation club.

Purpose. The purpose of this section is to provide for the needs of Town residents for tennis, other racquet sports, boating, swimming and similar participatory sports opportunities by allowing tennis and yacht clubs and similar membership sports and recreation clubs and to ensure that such facilities are developed in a manner that is not disruptive to the neighborhood.

Standards and conditions. Standards and conditions shall be as follows:

The privileges of the club shall be limited to regularly enrolled members and their guests. The club and its facilities shall be operated solely for recreational, social or athletic purposes and not for pecuniary gain, but this requirement shall not be construed to prevent the utilization or rental of such club or parts thereof for benefits or performances of a recognized charity or for meetings of other organizations.

Minimum lot area: two acres.

Minimum frontage: as required in the district.

Maximum building coverage: 25%.

Minimum required yards and lot line setbacks:

Buildings: 75 feet, all yards.

Recreation and activity areas: 75 feet from all lot lines.

Parking areas: 50 feet from all lot lines.

Buffers, fencing and landscaping shall be provided in such a manner as to protect adjoining properties from noise, glare, visual impacts and other adverse impacts and shall conform to the standards established in §§ 307-21B and 307-22 of this chapter.

§ 307-54 Conversion of existing buildings in camps to year-round dwelling use.

Purpose. This section establishes conditions for the conversion of buildings in the camps listed in Subsection C to year-round dwelling use. The conditions are intended to promote the health, safety and welfare of the residents of the Town of Cortlandt and to contribute to the housing needs of the Town and the region. The Town recognizes that such camps may no longer serve the purpose for which they were originally intended due to changes in lifestyle and custom and that the buildings contained within them represent a potential source of modest-cost housing.

Certificate of occupancy and code compliance required. Conversion of buildings in camps and seasonal cottage colonies to year-round dwelling use constitutes a change in use and occupancy classification. Therefore, a certificate of occupancy is required before any such dwelling may be occupied as a residence and, further, compliance with the New York State Uniform Code is required.

Applicability.

This section shall apply only to the following camps or portions thereof:

Reynolds Hill.

Lexington Colony.

George's Cottages.

Sky View.

Camps other than those listed above are subject to the dimensional and other regulations for the zoning district in which they are located.

Standards and conditions.

All structures to be converted shall be connected to a municipal sewer or a separate sewage disposal system approved as adequate for year-round occupancy by the Westchester County Department of Health and supplied by a public water supply or an individual water supply system approved by the Westchester County Department of Health and any other governmental agency having jurisdiction.

The standards of the Town of Cortlandt for adequate water supply distribution for fire protection shall be met as approved by the Town Engineer.

Site plan approval shall be obtained pursuant to Article XII of this chapter.

Adequate on-site improvements with regard to drainage, entrance and egress, recreational activities and open space shall be provided.

Arrangements acceptable to the Planning Board for ownership and maintenance of all roads, utilities and recreation activities and other facilities by a property owners' association shall have been made.

No structure shall contain more than one dwelling unit unless such structure contains at least 1,600 square feet of floor area.

The standards for minimum lot area per dwelling unit for the district in which the property is located shall be met, unless a density bonus is granted pursuant to local law.

Dimensional standards. Dimensional standards shall be as follows:

Minimum habitable floor area of dwelling unit: 800 square feet.

Minimum building setback from all lot lines: 10 feet.

Minimum distance between dwellings: 20 feet.

§ 307-55 Marina.

Purpose. Recognizing the present and potential recreational value of the Hudson River, it is the purpose and intent of this section to facilitate and to encourage the improvement of existing marinas in the Town and to set standards for the establishment of new marinas in the Town.

Standards and conditions. Standards and conditions shall be as follows:

Location. The marina shall be located either on the Hudson River or on an estuary of the Hudson River and shall have at least 200 feet of frontage on the river or on an estuary of the river.

Minimum lot area: two acres.

Minimum yard dimensions, maximum lot coverage and maximum building height: as required for a single-family dwelling in the district in which the proposed marina is located.

The marina shall comply with all regulations of all federal, state, county and local agencies having jurisdiction and shall submit to the permit-granting authority copies of applications to and permits issued by such agencies. Written approval of fire lanes and other fire prevention measures from the fire district having jurisdiction shall be required prior to the special permit being operative.

§ 307-56 Livestock farm, kennel or riding academy.

Purpose. The purpose of this section is to establish regulations for livestock farms, kennels and riding academies in order to protect adjoining properties and neighborhoods from adverse impacts of such facilities and to protect the safety and well-being of the public and of the animals maintained in such facilities.

Standards and conditions. Standards and conditions shall be as follows

Minimum lot area.

Livestock farm:

For fowl, rabbits and similar small animals: two acres.

For horses, cows and other large animals: 10 acres.

Kennel: five acres.

[Amended 9-14-2004]

Riding academy: 10 acres.

Minimum yard and lot line setbacks.

Building and maintenance areas for small animals: 100 feet from any lot line.

[Amended 9-14-2004]

Building and maintenance areas for large animals and manure storage: 100 feet from any lot line, except for temporary grazing.

Buildings and structures in a kennel, including runs: 15 feet from any lot line; 100 feet from any residential district.

Riding academy: 100 feet from any lot line.

The permit-granting authority shall require the owner to document and attest that all buildings to house and maintain animals will be of sound, weatherproof condition and will be well maintained and drained.

Every livestock farm, kennel and riding academy shall comply in all respects with the regulations of the Westchester County Department of Health.

The Planning Board, in considering the application for a special permit, shall consider the number, size, breed and temperament of animals to be maintained and shall impose reasonable conditions to protect adjacent properties from adverse impacts, such as noise and odor, and the safety of the animals.

§ 307-57 Amusement center.

Standards and conditions. Standards and conditions shall be as follows:

Application requirements. Upon receiving a complete application for a special permit for an amusement center, the Planning Board shall forward the application to the Director of Code Administration and Enforcement for recommendations regarding the New York State Uniform Code and to the Town Chief of Police for recommendations regarding public safety.

Location requirements: minimum of 500 feet from school buildings, churches or other places of worship or religious instruction.

The permit-granting authority shall require that adequate supervisory personnel shall be required on the premises at all times during hours of operation and that persons under 16 years of age shall not be permitted on the premises during normal school hours and that signs so stating shall be posted in prominent locations.

The permit-granting authority may, in granting a special permit for an amusement center, provide for and impose such conditions and regulations as to the operation and conduct of said center as it may deem proper for the safety, health and welfare of the patrons thereof and of residents of the Town, such as hours of operation and security.

§ 307-58 Special permit public utility facility.

Standards and conditions. Standards and conditions shall be as follows:

Dimensional requirements for buildings.

Minimum lot area: one acre.

Maximum building coverage: 25%.

Minimum yards: all yards: 30 feet or a distance equal to the height of the structure, whichever is greater.

Fencing and landscaping shall be provided of sufficient height and density to effectively screen the facility from surrounding property.

Off-street parking shall be provided as needed.

The permit-granting authority may attach additional conditions, including but not limited to increased distance from lot lines, in order to prevent any hazard to the public or noise nuisance to surrounding property.

The permit-granting authority shall impose conditions with respect to width of right-of-way, height and spacing of towers, maintenance, landscaping, fencing, access roads, vehicular and pedestrian crossings and safeguards against interference with communications media and such other reasonable and appropriate conditions, restrictions and safeguards as may be deemed necessary or desirable to serve or promote the health, safety and welfare of the Town.

§ 307-59 Hospital or nursing home.

Purpose. The purpose of this section is to allow for the provision of hospital and nursing home facilities and accessory buildings and uses, including dwellings for staff members, to serve the needs for medical care of residents of the Town and to ensure that such facilities are provided in a manner that is not disruptive to surrounding property or the neighborhood.

Standards and conditions. Standards and conditions shall be as follows:

Minimum lot area: 10 acres; minimum lot area per bed: 2,000 square feet.

Minimum frontage: 100 feet.

Maximum building coverage: 20%.

Maximum height: main building: 75 feet; dwellings for staff: 35 feet; other accessory buildings: 25 feet.

Minimum building setback:

	Number of Feet
Type	Front	Side	Rear
Main building	200	125	125
Dwelling for staff	100	100	100
Other accessory building*	75	75	75
*May be located in side or rear yard only.

Waiver of requirements.

[Amended 5-17-2005]

Where a hospital or nursing home facility which has previously received a special permit proposes to utilize, alter or modify any building or structure which is in existence on the date of the application for a new or amended special permit approval pursuant to this section, or where an existing hospital proposes to construct a new building or structure or addition thereto, the Planning Board, subject to appropriate conditions, may waive the requirements for minimum building setback, maximum height, total floor area, minimum lot frontage, maximum building coverage, required parking, and any such other dimensional regulation, standard or condition, including landscaping and buffering requirements, or other requirements as set forth in this chapter.

The Town Board does hereby determine that it is appropriate to amend the Zoning Ordinance of the Town to allow the Planning Board some flexibility with respect to considering applications for existing hospital facilities within the Town. The adoption of these amendments is not in any way to be considered an endorsement by the Town Board of any specific plan proposed by any applicant either presently pending or in the future filed with the Planning Board for consideration. The Planning Board should exercise its own sound judgment and discretion as authorized by law in making a determination on any applications with respect to hospitals within the Town of Cortlandt.

Minimum distance between buildings: two times the height of the taller building.

Only to be permitted on a lot in residential zones which fronts on a state road.

[Added 9-14-2004]

Uses that meet the criteria of this special permit are only permitted to be located in the Medical-Oriented District and commercial districts.

[Added 7-26-2023 by L.L. No. 5-2023]

§ 307-60 Offices of doctors, dentists or other health-care practitioners.

Purpose. The purpose of this section is to allow for medical office buildings to serve the needs for medical care of residents of the Town and to ensure that such facilities are conveniently located and provided in a manner that is not disruptive to surrounding property or the neighborhood.

Standards and conditions. Standards and conditions shall be as follows:

Minimum lot area, frontage and location requirements.

Minimum lot area: five acres, with a minimum of 100 feet of frontage, only to be permitted on a lot in residential zones which fronts on a state road or on Oregon Road; or

[Amended 9-14-2004]

Minimum lot area: 20,000 square feet, with frontage on a state highway and located within 1,000 feet of any point of the Crompond Road frontage of the Peekskill Community Hospital.

Minimum yard and maximum building coverage requirements.

New building.

Front yard: 60 feet.

Side and rear yards: 30 feet.

[3]

Maximum building coverage: 10%.

Existing building.

Front yard: 40 feet.

Side yard: 30 feet.

Rear yard: 50 feet.

These requirements may be varied by the Planning Board.

Maximum height: four stories or 50 feet.

Landscaping. Buffers, fencing and landscaping shall be provided in such a manner to protect adjoining properties from noise, glare, visual impacts and other adverse impacts and shall conform to the standards established in §§ 307-21B and 307-22 of this chapter.

Properties otherwise qualifying for the issuance of a special permit pursuant to § 307-60B(1)(b), on which there existed a building containing one or more dwelling units on or before January 1, 2008, may retain one of said dwelling units following the issuance of a special permit hereunder provided:

[Added 5-13-2008]

The minimum size of the dwelling unit shall be 400 square feet;

Unless, in the opinion of the Planning Board, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building, the maximum size of the dwelling unit shall not exceed:

For a one-story building, 35% of the habitable floor space of the building or 600 square feet, whichever is less; or

For a building of two or more stories, 45% of the habitable floor space of the building or 1,200 square feet, whichever is less;

The lot is owned by the medical/dental or health care practitioner maintaining his/her medical/dental or health care practice within the building containing the dwelling unit;

Off-street parking shall be provided in conformance with the requirements of Article VIII; and

(e)

The dwelling unit shall meet the provisions of the New York State Uniform Fire Prevention and Building Code for habitable space.

§ 307-61 Junkyard.

Standards and conditions. Standards and conditions shall be as follows:

Location requirements: Manufacturing (M-1) zoning districts only.

Lot area and frontage requirements: minimum lot area of five acres; maximum lot area of 10 acres; and minimum frontage: 100 feet.

Use requirements. No residential use shall be permitted on a site to be used for a junkyard.

Screening, landscaping and fencing.

The junkyard shall be entirely surrounded by a solid wall or opaque fence at least eight feet in height but not more than 10 feet in height in order to prevent any nuisance to surrounding property. Such wall or fence shall be located at such distance from any adjacent street as may be determined by the permit-granting authority as adequate to avoid impairment of sight distance or other impairment to traffic on such street but in any case shall be set back at least 30 feet from all street lines and at least 100 feet from the boundaries of any residential districts.

The yards between any wall or fence and the boundaries of the lot shall be used only for landscaping, parking and driveways as approved by the permit-granting authority. Landscaping shall be provided of the type and amount designated by the permit-granting authority as necessary to assure that such fencing will be harmonious with the existing character of the adjoining development. Such landscaping shall be at all times maintained in full compliance with any conditions as established by the permit-granting authority.

Storage. The height of materials stored within any walled or fenced area shall not be greater than one foot less than the height of the fence.

Visibility of storage. No site may be approved for use as a junkyard if the topography of the surrounding property is such that an individual standing on the ground within a residential district and within 300 feet of the junkyard site can view into any outdoor storage on said site.

Hours of operation. No work or other activity shall be carried on within the site between the hours of 7:00 p.m. and 7:00 a.m.

Inspection. The Director of Code Administration and Enforcement or his designee shall be granted access to the area of the activity or business at all reasonable hours to inspect the same for compliance with the conditions of the permit and shall enforce those conditions in the same manner as all other provisions of this chapter.

Permit duration and renewal. Permits shall be issued conditionally for three-year periods upon a showing of compliance with the terms and conditions of this chapter and the special permit during the preceding permit period.

Operation under previously issued permits. Junkyards, whether conforming uses or not, with permits pursuant to § 88.37F, adopted October 2, 1951, or Chapter 31 of the Code of the Town of Cortlandt[1] shall be required to obtain special permits within three years of the date of adoption of this chapter and every three years thereafter.

Editor's Note: See now Ch. 131, Building Construction.

Conditions of operation. The junkyard 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. Upon such termination of a special permit, the permit-granting authority may require the removal of any material within the junkyard which would otherwise be allowed by the special permit.

§ 307-62 Automotive body and paint shop.

Standards and conditions. Standards and conditions shall be as follows:

Minimum distance from public and semipublic uses: 200 feet from any church or other place of worship, hospital, public library, school or playground.

Minimum frontage: 100 feet. Automotive body and paint shops designed to serve trucks shall have sufficient frontage so that any vehicle leaving the site may turn into the nearest lane of traffic moving in the desired direction and be channeled within such lane before crossing the nearest intersection.

Surface improvements. All driveways, parking or standing areas and service areas or aprons shall be permanently improved with a paved surface.

Service aprons shall be separated from adjoining streets or highways by permanent concrete curbing. There shall be no dumping of waste materials, such as oil or grease, except in closed noncorrosive receptacles at a place and of a design approved by the permit-granting authority.

Areas for storage of vehicles. Storage areas for the sale of motor vehicles shall be designated on the site plan and shall be limited to those designated areas. Such areas shall be appropriately screened and buffered from adjacent uses so as to prevent adverse visual, noise and other impacts.

§ 307-63 Gasoline service stations.

Dimensional requirements. The following dimensional requirements shall apply unless modified by the permit-granting authority:

Buildings shall comply with the standards set forth on the Table of Dimensional Regulations for HC Districts.[1]

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

Canopies.

Canopies shall comply with the standards set forth on the Table of Dimensional Regulations for HC Districts.

The following additional requirements shall apply:

Maximum overhang distance of canopy from fuel pumps: 15 feet.

Access.

The maximum number of driveways per 50 feet of frontage shall be one.

The maximum driveway width shall be 30 feet.

The minimum driveway width shall be 20 feet.

No part of any driveway may be within 50 feet of any intersection of lot lines that divides lots from streets.

Landscaping, screening and buffering. The requirements set forth in Article VII of this chapter shall be met.

Additional conditions.

The sale of vehicles as an accessory use shall be limited as follows:

No more than five vehicles for sale may be stored on the premises at any one time.

Areas for the storage of vehicles for sale shall be designated on the site plan and shall be limited to only those areas. Such areas must be adequately screened and buffered from adjacent residential properties so as to prevent adverse visual, noise and other impacts. Such storage areas shall not be located in front yards.

Pedestrian and vehicular circulation, including pedestrian access to bill-paying facilities and any accessory convenience stores, stacking of vehicles awaiting fuel purchase and the short-term parking of vehicles for bill paying, shall be arranged so as to be separate, convenient and safe.

No new gasoline pumps or filling stations shall be added on the Cortlandt Boulevard/Route 6 Corridor as of July 20, 2022. Projects that include the addition of pumps or filling stations that have been approved by the Planning Board before June 30, 2022, shall be excluded from this prohibition.

[Added 7-19-2022 by L.L. No. 5-2022]

§ 307-64 Two-family dwellings in RG Districts.

Purpose. The Town recognizes that two-family dwellings play an important role in the Town by expanding housing choices and providing a variety of housing opportunities. Two-family dwellings can be a source of rental units which can help meet the housing needs of Town residents and can provide a source of income for the owners of such dwellings. The Town further recognizes that environmental conditions, such as soils, slopes and wetlands, can impose constraints on the location of such dwellings, and neighborhood characteristics, such as land use patterns, adequacy of open areas and yards, the scale of existing buildings, traditional ownership patterns and traffic safety, must be taken into account when locating such dwellings. The purpose of this section is to establish standards and conditions by which two-family dwellings may be allowed by special permit in RG Districts as required by Article V of this chapter in order to ensure protection of the environment, adequacy of yard and building areas and preservation of neighborhood character.

Standards and conditions. Standards and conditions shall be as follows:

Dimensional requirements. Dimensional requirements are set forth on the Table of Dimensional Requirements for two-family dwellings.[1]

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

General conditions and standards for special permits are set forth in § 307-42.§ 307-65.

§ 307-65 Additional standards for multifamily dwellings.

Purpose. This section is intended to establish requirements for multifamily dwellings in HC Districts in the central portion of the Route 9A Corridor which further the Town's goal of establishing mixed-use village developments, which may include multifamily dwellings, in that area.

Standards and conditions. Standards and conditions shall be as follows:

Lot area.

Minimum lot area: five acres.

Maximum lot area: 15 acres.

All multifamily dwellings shall be connected to a municipal sewer or separate sewage disposal system approved by the Westchester County Department of Health and supplied by a public water supply or an individual water supply system approved by the Westchester County Department of Health and any other governmental agency having jurisdiction.

Multifamily dwelling projects should be developed in a manner which promotes physical and visual connections and other relationships with existing or potential developments on adjacent and nearby properties. These relationships may include walkways and roadways which connect with walkways and roadways, existing or potential, on adjacent properties; orientation of buildings with regard to functional connections with developments on adjacent properties; facilities such as water, sewer and drainage which serve or potentially can serve developments on adjacent property; and the siting of buildings and parking areas with respect to visual impacts on adjacent properties.

Parking areas should be arranged so as not to be visually prominent when viewed from Route 9A.

Open space and recreation areas should be provided on the site in amounts sufficient and appropriate for the needs of residents of the project.

§ 307-65.1 Adult entertainment.

[Added 3-14-1995]

Purpose.

The Town hereby finds certain uses of property, by their nature, have objectional operational characteristics which can lead to a significant impact on the surrounding community. The purpose of this section is to prevent the unrestricted proliferation of such uses and to ensure that the effects of such uses will not adversely affect the health, safety and economic well-being of the community and particularly the children of the community by enacting criteria for the establishment of adult entertainment uses.

The unrestrained proliferation and inappropriate location of such businesses is inconsistent with existing development and future plans for the Town of Cortlandt in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, moral and social character of the existing community and adversely affect existing business, community and family life. Special regulations of these uses is necessary to ensure that these adverse affects will not contribute to the blighting or downgrading of the surrounding neighborhoods and land uses.

In order to prevent the concentration of such businesses and to ensure that they will not adversely effect the health, safety and economic well-being of the community, the Town Board of the Town of Cortlandt finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Town of Cortlandt.

Standards and conditions.

Adult entertainment uses shall be permitted by special permit issued by the Town Board in HC Zones only.

No adult entertainment use shall be permitted:

Within 1,500 feet of any other lot containing an adult entertainment use.

Within 1,500 feet of any lot on which is located a church, school, nursing home, hospital, park or parkland, Town office, railroad station and related parking facilities and facilities for the mentally or physically handicapped for housing, training or places of employment, regardless of whether such facility is owned by or under contract to any governmental entity.

Within 500 feet of any lot within a residentially zoned district.

Within 500 feet of any lot within a residentially zoned district of an adjacent municipality.

(e)

Within 500 feet of Camp Smith Reuse Districts A and B.

The distance limitations in Subsection B(2)(a) through (e) above shall be measured in a straight line, without regard for intervening structures, from the nearest point of any lot listed in Subsection B(2)(a) through (e) to the nearest point of a building containing the adult entertainment use.

No more than one adult entertainment use shall be permitted on any lot.

The proposed use shall meet all other requirements of this chapter and other ordinances and local laws of the Town of Cortlandt and all other requirements and laws of Westchester County, New York State, and the United States of America.

It shall be a condition of any special permit issued for an adult entertainment use that no person under the age of 18 years shall be permitted into the premises.

The Town Board may impose such terms and conditions upon the issuance of the special permit required hereunder as it deems appropriate to further the aims of this subsection, including but not limited to restrictions on advertising, outdoor displays and the location of merchandise.

Inspection requirements.

Prior to the commencement of any adult entertainment use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with the New York State Uniform Building and Fire Prevention Code[1] and all other laws, rules and regulations within the jurisdiction of the Director of Code Enforcement[2] and other code enforcement officials.

Editor's Note: See also Ch. 131, Building Construction.

Editor's Note: See Ch. 149, Code Administration and Enforcement.

An applicant or permittee and/or licensee shall permit representatives of the Town Police Department, Code Enforcement Department or other Town departments or agencies to inspect the premises of an adult entertainment use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

§ 307-65.2 Bed-and-breakfast establishments.

[Added 8-15-1995]

Purpose.

It is the specific purpose and intent of this provision to address the need of residents to locate convenient accommodation for visitors, to provide local accommodation for short-term visitors to the community, to encourage preservation of large older dwellings by providing a cost-effective alternative or adaptive use that can relieve the maintenance burden on the owners of such buildings and to encourage the preservation of large residential lots and their open space character by permitting an alternative use consistent with the residential character of the community. Furthermore, it is the purpose and intent of this provision to provide economic support for present resident families, to protect and preserve property values, to ensure health and safe living conditions and to have more effective regulation and control of Town growth and development.

In furtherance of these purposes, specific conditions are set forth below for bed-and-breakfast establishments.

Standards and conditions.

The property and structures thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located unless a variance therefor shall have been granted by the Zoning Board of Appeals.

The building housing a bed-and-breakfast establishment shall be an existing, detached single-family dwelling and its use as a bed-and-breakfast establishment shall not conflict with its appearance or function as such.

The minimum size lot on which a bed-and-breakfast establishment may be located is 40,000 square feet. A bed-and-breakfast establishment may be permitted on a lot with a smaller area only if such lot is located in a nonresidential district and the Zoning Board of Appeals finds that a bed-and-breakfast establishment can be adequately accommodated within the existing principal dwelling building, that it will not overburden the property and that it will be a use compatible with the surrounding properties.

[Amended 9-14-2004]

The owner of the lot upon which the bed-and-breakfast establishment is to operate shall occupy and maintain the bed-and-breakfast establishment as his/her legal, principal residence.

The maximum number of bedrooms that may be available to overnight guests shall be four. The Zoning Board of Appeals shall be responsible for determining and limiting the number of bedrooms in each dwelling in connection with its review of the special permit application.

Meal service shall be limited to a morning meal served to overnight guests only.

No less than one off-street parking space shall be provided per bedroom designated as available for overnight guests. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling use. The Zoning Board of Appeals shall be responsible in connection with its review of the special permit application for determining that the required number of parking spaces can be provided in a safe manner on the subject lot so as to not establish a nuisance or burden for adjacent and surrounding lots.

Signage shall comply with the provisions for signs in residential districts as set forth in Chapter 245 of the Code of the Town of Cortlandt, provided that there shall be no more than one sign, which may be freestanding, not exceeding four square feet in area.

Smoke alarms shall be installed in each bedroom of the bed-and-breakfast establishment.

Permit period and renewal. The special permit shall be granted for a period of three years and may be renewed for additional three-year periods. An application for renewal of the special permit shall be made to the Code Enforcement Department on a form provided by that department and with a fee in an amount set forth in a fee schedule adopted by the Town Board. The Code Enforcement Department shall reissue the permit if inspection of the premises finds it to be in compliance with all applicable codes, the requirements of this section and the provisions of the original approval. Should the Code Enforcement Department find that the premises are not in compliance with all applicable codes, they shall initiate appropriate enforcement procedures.

§ 307-65.3 Private nature preserves open to public.

[Added 3-16-1999]

Purpose.

The Town hereby finds that the preservation of open space in its natural condition and the promotion of public understanding, awareness and appreciation of the natural environment makes important contributions to the quality of life in the Town, and the Town welcomes the contribution to the achievement of that goal made by private not-for-profit efforts supplementing those of public agencies.

The Town finds further that the most meaningful and extensive preservation efforts are possible in the Town's least developed areas which are generally mapped in the R-80 and R-40 Single-Family Residential Districts, which are the most restrictive residential zones.

The Town finds further that it is necessary to achieve compatibility between the activities normally carried on by organizations entrusted with the task of running nature preserves and providing related environmental and agricultural education programs and the residential uses in their vicinity.

Standards and conditions. Standards and conditions shall be as follows:

Uses. As set forth in the Table of Permitted Uses, Part 1, §§ 307-14 and 307-15.[1]

Editor's Note: The Table of Permitted Uses is located at the end of this chapter.

Application requirements. Upon receiving a complete application for a special permit, the Planning Board shall forward the application to the Town Departments of Technical Services 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.

Minimum lot area: 10 acres.

Dimensional requirements for the construction or enlargement of any building.

Maximum height: no more than 2.5 stories or 35 feet.

Minimum yard setbacks, front, side and rear: 100 feet.

Maximum building coverage: 5% of lot area.

Minimum landscape coverage: 80% of lot area.

Hours of operation. All activities open to the public shall be carried on during hours as determined by the permit-granting authority.

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.

Inspection. The Director of Code Administration and Enforcement 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.

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.

Traffic controls. The permit-granting agency shall consider and may require as appropriate in their judgment any combination of the following:

Personnel to provide for the control of traffic coming to and leaving from the site during functions.

The use of buses and/or vans to provide the transportation to and from the site and may specify the vehicle size and type and the travel route to be followed.

Limited or no on-street parking.

The number and location of off-street parking spaces consistent with the standards in Article VII of this chapter.

Conditions of operations.

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.

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.

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.

(12)

Use of buildings. The use of existing or proposed buildings for indoor educational, maintenance, administration, storage and other related functions are subject to Planning Board approval.

(13)

Activity permit.

Any property owner whose property has been granted a special permit shall have the right to make a letter application to the Planning Board for the issuance of an activity permit. Said letter application shall fully describe the activity that the property owner wishes to conduct on the subject premises and shall fully describe any impact that said activity may have with respect to any of the standards set forth herein for the special permit governing the use of the property.

Upon receipt of a letter application, and upon publication and notice as required for special permits under § 307-41B and C of this chapter, the Planning Board shall hold a public hearing and receive comment upon the proposed request. Following the public hearing, the Planning Board, in its sole discretion, shall have the authority to grant the activity permit subject to such reasonable conditions as the Planning Board may impose using the standards of a special permit as a guide.

It is the intent of the Town Board that no drawings or engineering approvals be mandated or required in any application for an activity permit and that the primary concern of the Town Board with respect to said activities permits is that the property owner fully address the traffic impacts, etc., upon the community in which the property lies and which has been granted a special use permit.

An activity permit shall be of limited duration and shall expire upon the conclusion of the activity for which it was granted. In granting an activity permit, the Planning Board shall specifically specify the dates upon which the activity may be held and may include at its discretion alternate dates to provide and allow for inclement weather and other conditions.

(14)

Following the effective date hereof, any property owner who is required to obtain a permit herein shall have 60 days within which to apply. Provided that an application is filed and the property owner diligently pursues said application before the Planning Board, no violations will be issued as to that property for continuing any ongoing programs until a determination is made by the Planning Board on their application.

(15)

No overnight lodging shall be permitted.

[Added 7-26-2023 by L.L. No. 5-2023]

(16)

The Planning Board shall ensure that all applicants host scheduled, public events open to all members of the Town of Cortlandt at an appropriate size based on the layout of each property.

[Added 7-26-2023 by L.L. No. 5-2023]

Site development plan approval shall be as required by § 307-66.

§ 307-65.4 Conversion of existing structure to licensed nursery/day care center.

[Added 12-12-2006 by L.L. No. 8-2006]

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.

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.

Standards and conditions:

The minimum lot area on which a nursery/day-care center shall be located is 2.5 acres.

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.

The lot must be located in the R-40 or R-80 Residential Zoning District.

The lot must be located on a public road.

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.

Hours of operation. All activities open to the public shall be carried on during hours as determined by the permit-granting authority.

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.

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.

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.

The proposed facility must be under the regulation of the Commissioner of Education of New York State.

Traffic controls. The Planning Board shall consider and may require, as appropriate in its judgment, any combination of the following:

Personnel to provide for the control of traffic coming to and leaving from the site during functions.

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.

Limited or no on-street parking.

The number and location of off-street parking spaces consistent with the standards in Article VII of this chapter.

(12)

Conditions of operations.

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.

(15)

Standards Section 307-65.4C(1), (2) and(3) as noted herein may be varied by the Planning Board.

§ 307-65.5 Contractor's yards.

[Added 7-20-2010 by L.L. No. 12-2010[1]]

Contractors' yards will be permitted by special permit of the Planning Board in MD Zones and M-1 Zones only as follows:

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.[2] Buffers shall be enhanced with suitable landscaping as determined by the Planning Board.

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

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.

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.

The site must be on or within 1,500 feet of a state highway.

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.

Impervious coverage shall be limited to 55% of the site, including the building coverage.

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.

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.

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.

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 require that security fencing be located around areas or structures to address safety concerns.

Permitted activities: storage of raw materials, vehicles and equipment and maintenance of vehicles and equipment used in particular trade operations and associated office uses.

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.

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.

Standards set forth in Subsections H (outdoor storage) and J (business activities) as noted herein may be varied by the Planning Board.

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.

Editor's Note: This local law also provided that any legally existing contractors' yards existing on the date of the enactment of this local law would be deemed to be granted a special permit, regardless of whether they comply with the provisions of this local law, and that any future expansion of legal contractors' yards would be subject to the requirements of this local law as long as said requirements only apply to the expansion area and not the existing operation.

§ 307-65.6 Specialty trade contractors.

[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:

The setback from residential districts shall be two times the required setback set forth in the Table of Dimensional Regulations.[1] Buffers shall be enhanced with suitable landscaping as determined by the Planning Board.

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

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.

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.

Impervious coverage shall be limited to 55% of the site, including the building coverage.

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.

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.

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.

The Planning Board may require that security fencing be located around areas or structures to address safety concerns.

Unless set forth above, no variance of any of the above conditions are authorized.

§ 307-65.7 Cortlandt Boulevard.

[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:

No owner occupancy is required.

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.

No minimum building size shall apply.

The minimum size of the apartment shall be 400 square feet. There is no maximum size limit.

Apartments shall only be studios or one bedroom. No two-bedroom allowed.

The units must be within the principal structure with no expansion of the existing structure permitted.

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.

One parking space per unit is required.

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.

All other requirements of § 307-45 unless specifically modified by this section.

§ 307-65.8 Outdoor displays of merchandise.

[Added 9-20-2011 by Res. No. 223-11]

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.

The outdoor display of merchandise shall not exceed 10% of the gross area available within the retail establishment.

Only a tenant or owner of the retail premises shall be permitted to display merchandise for sale on the exterior of the premises.

No parking space shall be eliminated by the outdoor display of merchandise.

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.

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.

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.

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.

§ 307-65.9 Special permit for rock crushing in M-1A Zone.

[Added 11-19-2019 by L.L. No. 5-2019]

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.

Standards and conditions:

The property must be in the M-1A Zone.

Crushing may occur only for two thirty-day periods during each twelve-month period.

Crushing of natural rock and other construction and demolition debris shall only occur within the limits of any permits granted by the DEC, not to exceed 5,000 cubic yards per any twelve-month period.

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.

All special permits are subject to the approval of the Planning Board.

The special permit must be renewed every three years.