[Added 7-26-2007 by L.L. No. 15-2007]
In addition to the general objectives stated above and the Town's site plan review considerations, the following specific requirements shall be complied with for the particular special permit uses cited below.
A. Accessory retail store for manufacturing and production uses.
(1) An accessory retail store for the display and/or sale of merchandise primarily manufactured upon the premises subject to the following conditions:
(a) The accessory retail store shall be carried on in an attached, enclosed building and shall not exceed 20% of the entire manufacturing floor area or 1,000 square feet in floor area, whichever is less.
(b) One parking space shall be provided per 150 square feet of floor area.
(c) One sign is permitted on the premises in accordance with §
249-11.
B. Airports and heliports.
(1) The hours of operation shall be limited by the Planning Board to prevent disturbance to nearby residences.
(2) No area to be used by aircraft under its own power on the ground shall be nearer than 200 feet to any lot line. Evidence shall be submitted to the Board that ample safeguards to minimize hazards and disturbances from aircraft noise will be assured at all times of operation from affecting residents and properties in the vicinity.
(3) Access to areas used by aircraft in motion shall be controlled by fences and gates.
(4) Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings.
(5) The storage and sale of aviation gasoline may also be permitted.
C. Cemeteries.
(1) The minimum lot size, when not accessory to a religious institution, shall be three acres.
D. Churches and religious institutions.
(1) The minimum lot size shall be three acres.
(2) No building shall be nearer than 50 feet to any lot line.
(3) The maximum lot coverage shall be 20%.
E. Day-care centers and nursery schools.
(1) Such uses may be a principal use or allowed as accessory uses in conjunction with the following other special permit uses: office and research buildings; hotels, motels and conference centers; retail stores, service and personal service establishments; conference centers or other similar facilities; high-rise multiple residences; health-related facilities; and churches and religious institutions.
(2) The required outdoor play space shall be adequate in size and location as determined by the Planning Board.
(3) No play area shall be located in a required front yard or landscaped buffer strips.
(4) All play areas shall be fenced and suitably landscaped and buffered.
(5) Indoor play areas shall consist of a minimum of 35 square feet per child, excluding hallways, kitchens, bathrooms, office space and sleeping quarters for infants. Sleeping quarters for infants shall consist of a minimum of 20 square feet additional per infant where an infant is a child less than three years of age.
(6) Adequate pickup/dropoff areas shall be provided and designed to ensure safe, direct access to the facility as determined by the Planning Board. Said areas shall not conflict with access to required parking.
(7) There shall be a minimum of one toilet per 15 children.
(8) Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.
(9) All child-care centers shall indicate the designated number of children and shall comply with regulations of the New York State Department of Social Services as stated in 18 NYCRR Part
418 as they apply to centers for 44 or fewer and 45 or more children.
F. Dog kennels.
(1) All animal housing, kennels or runs and related structures shall be placed a minimum of 50 feet from any lot line and shall be fenced.
(2) All facilities shall be permanently screened from all surrounding properties.
(3) All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.
G. Eating and drinking establishments.
(1) Where drive-in components are proposed, the operation of the establishment shall not adversely impact the public safety in streets and sidewalks.
(2) Vehicle stacking lanes for any drive-up service must be adequate so that adjacent sidewalks or streets are not obstructed.
(3) No stacking space, when occupied, shall prevent vehicles in designated parking spaces from turning into or backing out of a parking space, nor prohibit or inhibit vehicles from making turns or movements within the site.
(4) Only one point of ingress and one point of egress, or one point of combined ingress and egress shall be provided per street for each eating and drinking establishment. Where the point of ingress is provided separately from the point of egress on the same street, such points of access shall be separated by a minimum distance of 100 feet, measured from the center line of each point of access at the street line.
(5) Points of ingress and egress shall be limited to the adjacent thoroughfare having commercial-zoned frontage only.
(6) The physical design, including the color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location.
H. Gasoline filling stations.
(1) The minimum lot size shall be 40,000 square feet.
(2) All remaining lot and building standards shall comply with §
249-26D (Lot Type C).
(3) All driveways shall be located a minimum of 10 feet from any property lines.
(4) Gasoline pumps shall be located at least 20 feet from any property lines.
(5) There shall be no outdoor storage of vehicles on the site.
I. Gasoline service stations.
(1) The minimum lot size shall be 40,000 square feet. All remaining lot and building standards shall comply with §
249-26D (Lot Type C).
(2) All driveways shall be located a minimum of 10 feet from any property lines.
(3) Gasoline pumps shall be located at least 20 feet from any property lines.
(4) There shall be no more than five motor vehicles stored or parked outdoors on the site.
J. Hotels, motels and conference centers, including eating and drinking establishments either attached to the hotel, motel, conference center or freestanding. The minimum lot area shall be 40,000 square feet plus 1,500 square feet for each guest room in excess of four.
(1) Motor vehicle rental facilities may be accessory to the hotels, motels and conference centers subject to approval by the Planning Board at the time of special permit approval.
(a) The minimum additional lot size for the rental use shall be 20,000 square feet.
(b) Service facilities exclusively for subject vehicles may be accessory to the rental use if approved by the Planning Board at the time of special permit approval.
(c) If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(d) Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of any building.
(e) Outdoor storage of rental vehicles shall be permitted only in the side or rear yards of any building and shall comply with required parking space size and aisle widths as specified in §
249-12.
(f) All driveways related to rental uses shall be located a minimum of 10 feet from any property line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.
K. Junkyards, including automobile junkyards, subject to all the provisions of an Ordinance for Licensing and Regulating Dealers in Secondhand, Junk and Auto Parts Activities and Businesses in the Town of Wallkill, adopted April 21, 1961, or as amended.
L. Motor vehicle repair garages.
(1) The minimum lot size shall be 40,000 square feet. All remaining lot and building standards shall comply with §
249-26D (Lot Type C).
(2) Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of any building.
(3) All driveways shall be located a minimum of 10 feet from any property line.
(4) There shall be no more than 10 motor vehicles stored or parked outdoors.
M. Motor vehicle rental and leasing establishments.
(1) The minimum lot size shall be 20,000 square feet.
(2) All remaining lot and building standards shall comply with §
249-26D (Lot Type C).
(3) Service facilities exclusively for subject vehicles may be accessory to the rental/lease use if approved by the Planning Board at the time of special permit approval.
(4) If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(5) Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of the building.
(6) Outdoor storage of motor vehicles shall be permitted only in the side or rear yards and shall comply with required parking space size and aisle widths.
(7) All driveways shall be located a minimum of 10 feet from any property line. Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.
N. Motor vehicle sales establishment.
(1) The minimum lot size shall be 40,000 square feet.
(2) All remaining lot and building standards shall comply with §
249-26D (Lot Type C).
(3) Service facilities may be accessory to the sales use if approved by the Planning Board at the time of special permit approval.
(4) Entrance and exit driveways shall have an unrestricted width of not less than 30 feet.
(a) Said driveways shall be located not closer than 10 feet to any property line.
(b) Said driveways shall be so laid out as to avoid the necessity for any vehicle entering the site to back out across any public right-of-way or portion thereof.
(5) Outdoor storage of motor vehicles shall be permitted only in the side or rear yards, except that a small area for only the display of new or used motor vehicles may be permitted by the Planning Board at the time of site plan approval.
(6) If permitted, all service or repairs shall be conducted in a building fully enclosed on all sides.
(7) Two gasoline pumps may be permitted incidental to the use of the premises, but the sale of gasoline to the general public shall not be permitted. Said pumps shall not be located in front of the building.
(8) Motor vehicle rental and leasing facilities may be accessory to the sales use if approved by the Planning Board at the time of special permit approval.
O. Self-storage.
(1) The following standards apply for all self storage uses:
(a) Minimum lot size: two acres;
(b) Minimum lot width: 200 feet;
(c) Minimum front yard setback: 100 feet.
(2) There shall be no outdoor storage of materials or goods.
(3) All mini-warehouse structures shall have their exterior walls that face or are visible from along a public right-of-way, or are adjacent or opposite a residentially zoned lot, consist of decorated brick or stone or similar quality material.
P. Single-family residences in Highway Commercial Districts.
(1) All single-family residences proposed by special permit for the Highway Commercial District shall adhere to the standards set forth in §
249-20D (Lot and building standards in the R-2 District).
Q. Theaters/cinemas. Such use shall be permitted only as part of a shopping center of 300,000 square feet or over and shall be housed in the principal shopping center building.
R. Veterinary hospitals.
(1) Any kennels, runs or similar animal housing shall comply with the following:
(a) Such use shall be solely for use by animals undergoing hospital care.
(b) Such use shall be placed a minimum of 50 feet from any lot line and shall be fenced.
(c) Said uses shall be screened from all surrounding properties.
(2) All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.