The uses listed in Article III, § 195-9, Use Table, Column C, are uses by special permit only upon approval by the Planning Board in accordance with the procedures and standards herein. After approval, such uses shall be deemed permitted uses in the districts wherein located, subject to any conditions attached thereto. Pursuant to the provisions of the Municipal Home Rule Law, the Village Board reserves the approval authority for special permits for uses identified as such in Article III, § 195-9, Use Table, Column D. Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Village Board, in considering any application for special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the Village are most efficiently utilized.
[Amended 5-19-2021 by L.L. No. 2-2021]
Application for a special permit pursuant to this chapter shall be on forms prescribed by the Planning Board or the Village Board. Such application shall accompany the application for preliminary or final site development plan approval. The Planning Board or Village Board, at its discretion, may refer an application for a special permit to the Community Development Review Committee for analysis and recommendation on technical issues to assist in its deliberations, according to the procedures of § 195-61. The preliminary or final site development plan and special permit application may be processed concurrently in accordance with Article IX, § 195-47. Fees for special permit application shall be in accordance with the Standard Schedule of Fees of the Village of Montebello.[1]
[1]
Editor's Note: The Schedule of Fees is on
file in the Village Clerk-Treasurer's office.
[Amended 6-22-2005 by L.L. No. 4-2005]
The Planning Board or Village Board shall provide
for public notice and hearing on any application for a special permit.
Such hearing shall be scheduled within 62 days of the receipt of all
required materials in proper form, and the Board shall decide the
matter within 62 days after the close of the hearing, subject to the
provisions of SEQRA or required permits. The time periods herein may
be extended by mutual consent of the Board and applicant. The Planning
Board or Village Board shall approve establishment of such uses upon
determining compliance with conditions required by this chapter and,
where appropriate, modify the nature or extent of the proposed use
and development of the project to be consistent with this chapter
or, on negative findings fully set forth in the record, shall deny
such use.
An applicant for a special permit shall, simultaneously
with the filing of such application, file an application for site
development plan approval together with appropriate plans, drawings
and fee for site development plan review with the Clerk to the Planning
Board. Following the granting of such special permit, the application
shall be considered by the Planning Board or Village Board for final
site development plan approval.
[Amended 6-22-2005 by L.L. No. 4-2005; 8-15-2018 by L.L. No. 6-2018]
A.
The Planning Board or Village Board shall cause to be filed with
the Clerk to the Planning Board, the Village Clerk-Treasurer and Building
Inspector the decision of the Planning Board or Village Board and
shall cause a copy thereof to be mailed to the applicant.
B.
Approval of a special permit shall expire within 18 months of the
date of approval unless a building permit has been issued for the
use by special permit. Such period may be extended on separate application
to the Planning Board or Village Board.
C.
A special permit use located in a district other than a residential
zoning district shall be for an indefinite term, unless otherwise
specified in the approval thereof.
D.
Approval of a special permit for a use located within any residential
zoning district shall remain in effect for two years from the issuance
of a building permit and shall thereafter expire unless the following
renewal procedure is followed:
(1)
The Village shall notify the permit holder of the impending expiration,
90 days prior to any expiration date. No more than 30 days prior to
the expiration of the special permit, the permittee shall submit an
application for a certificate of compliance from the Building Inspector,
who shall inspect the special permit use within 14 days to ensure
compliance with the conditions of the special permit. If all of the
conditions of the special permit have been met, the certificate of
compliance shall be issued by the Building Inspector and the Building
Inspector shall then extend the term of the special permit for five
years. After the first renewal, subsequent renewals shall be required
every five years under the same procedure as the initial renewal.
Applications for renewal shall be made prior to expiration and no
renewal shall be made nunc pro tunc.
(2)
In the event the Building Inspector denies the certificate of compliance, the applicant may submit an application for renewal of the special permit to the Planning Board pursuant to the procedures and standards of this article governing a new special permit within 60 days of the notice of denial. The original special permit shall expire at the time that the Planning Board renders its decision on the application for special permit renewal. In the event the Planning Board approves the application for special permit renewal, the renewed special permit will be considered as a new special permit and will be subject to an initial two-year term as required by § 195-69D. In the event the application for special permit renewal is denied, the original special permit shall expire.
E.
Special permits and conditional use permits shall expire after the
time periods indicated, regardless of whether expiration notices have
been sent by the Village or received by the permit holder. If any
special permit expires, the permittee may reapply for a new special
permit to the Planning Board, pursuant to the procedures and standards
of this article.
Any person aggrieved by any decision of the
Planning Board or Village Board may apply to the Supreme Court of
the State of New York for review by a proceeding under Article 78
of the Civil Practice Law and Rules within 30 days after the filing
of a decision in the office of the Village Clerk-Treasurer.
Prior to approving any special permit the Planning Board or Village Board shall determine the conformity of such use and the proposed development therefore with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board or Village Board may adopt additional rules and regulations pursuant to Article XX of this chapter. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for special permit approval are as follows:
A.
The proposed use shall be of such location, size and
character that it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and not be detrimental to the site or adjacent properties in accordance
with the zoning classification of such properties.
B.
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous.
C.
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the development and use of adjacent land and buildings.
D.
The proposed use will not require such additional
public facilities or services, or create such fiscal burdens upon
the Village greater than those which characterize uses permitted by
right.
E.
As a condition of all special permits, right of entry
for inspection with reasonable notice shall be provided to determine
compliance with the conditions of said permit.
F.
As a condition of all special permits, a time limitation
may be imposed.
G.
In addition to the general standards for special permits
as set forth above, the Planning Board or Village Board may, as a
condition of approval of any such use, establish any other additional
standards, conditions and requirements, including a limitation on
days or hours of operation, as it may deem necessary or appropriate
to promote the public health, safety and welfare and to otherwise
implement the intent of this chapter.
[Amended 8-15-2018 by L.L. No. 6-2018]
A.
Schools of general or special instruction. The bulk standards for schools of general or special instruction as indicated in Column C-1 of the Table of General Use Requirements, Use Group N, shall apply, except for minimum lot area and side and rear setbacks, which shall be calculated as in § 195-72A(1) below.
(1)
Minimum lot area for schools of general or special instruction.
(a)
Minimum lot area based on maximum enrollment. Based upon maximum
enrollment capacity, the required minimum lot area shall be 120,000
square feet for schools with 100 students or less, with an additional
required minimum lot area of 50,000 square feet added for each additional
increment of 50 students, or part thereof. For the purposes of this
section, "maximum enrollment capacity" shall be defined as the number
of students that a special permit applicant discloses as the maximum
that can be accommodated within all proposed school structures and
that will serve as the maximum number that may be enrolled at any
time for the term of that special permit including any renewals thereof.
|
For example, Viola School has an enrollment of 368 students,
and is located on a ten-acre lot. Under this code, a school with a
maximum enrollment capacity of 368 students would be rounded up to
400 students, and require 120,000 square feet for the first 100 students
and 300,000 square feet (300/50 x 50,000 square feet) for the next
268 students for a total minimum lot area of 420,000 square feet or
9.6 acres.
|
|
Suffern High School has an enrollment of 1,494 students and
is located on a forty-nine-acre lot. Under this code, a school with
a maximum enrollment capacity of 1,494 students would be rounded up
to 1,500 students and require 120,000 square feet for the first 100
students and 1,400,000 square feet (1,400/50*50,000 square feet) for
the next 1,400 students for a total minimum lot area of 1,520,000
square feet or 34.9 acres.
|
(b)
Furthermore, an additional minimum lot area requirement shall be required to be added to the amount required in Subsection A(1)(a) above, if a dormitory is added to the site as an accessory use to the principal school use. An additional 1,800 square feet of required minimum lot area shall be required for each dormitory bed on the school site.
|
For example, a 368 student school with a dormitory containing
200 dormitory beds would require 420,000 square feet as in the example
above for the school plus an additional 360,000 square feet (200*
1,800 square feet) for the dormitory for a total minimum lot area
of 780,000 square feet or 17.9 acres.
|
(c)
For schools of general or special instruction, the required
side and rear setbacks and yards in Use Group N shall be increased
as follows:
|
Side setback (feet)
|
50
|
|
Side yard (feet)
|
25
|
|
Rear setback (feet)
|
45
|
|
Rear yard (feet)
|
30
|
(2)
Design requirements for schools of general or special instruction:
(a)
Architectural review. All applications for schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(b)
Usable open space. The school of general or special instruction shall include at least one outdoor area of distinctive design with a minimum area of 10% of the minimum lot size as calculated in Subsection A(1) above, which purpose is for recreation use by students, to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution. The usable open space shall be linked to an on-site pedestrian walkway network. Usable open space shall not be located within a required yard.
(c)
Lighting. Outdoor lighting shall be limited to that necessary for operational reasons, and shall be so designed as to be compatible with surrounding land uses, and in compliance with the site development plan specifications in Chapter 146. The applicant shall provide a lighting plan showing that exterior lighting will be directed away from adjoining properties, streets, highways and roads.
(d)
Utilities. All utilities shall be installed underground or within
buildings.
(e)
Landscaping. Applicant shall prepare and receive approval for
a landscaping plan addressing the following subjects:
[1]
All portions of the project site not used for impervious surfaces
shall be attractively landscaped or left in a natural condition.
[2]
Landscape buffer area. Except where the Planning Board finds
that existing vegetation to remain along the property boundary provides
adequate visual screening, a minimum twenty-foot-wide landscaped buffer
area shall be provided along all property lines, excluding the front
line, and access points. The required landscaped buffer area shall
be densely planted with a mixture of shrubs, trees not less than six
feet high and/or berms, which will create an opaque screen on a continuing
basis through all seasons. The required landscaped buffer area may
be incorporated into the required yards or setbacks. The Planning
Board also may require that a fence be added as necessary to effectuate
the screening, but such a fence shall be in addition to and not relieve
the need for the required landscaped buffer area plantings.
[3]
All landscaped areas along property lines which are crossed
by access drives shall be planted with low shrubs no greater than
three feet high and trees with a branching habit which begins at least
eight feet above ground level.
[4]
Planting shall not interfere with the normal sight distance
needed for safe entering and exiting maneuvers by motor vehicles.
(f)
Parking and internal roadway requirements:
[1]
Parking for schools of general or special instruction shall
be provided as set forth in the Table of General Use Requirements
Column F.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.
[1]
Editor's Note: The table is included as an attachment to this chapter.
[2]
All on-site drives and parking areas shall be constructed according to Article VII of this chapter.
[3]
Where a parking structure is proposed, the Planning Board shall
consider the effects of the proposed structure in terms of traffic
and environmental concerns, such as noise, air quality and headlight
glare, particularly the effects on any proximate residential properties,
and shall require landscaping, fencing or other measures to mitigate
any adverse effects. Parking structures shall only be incorporated
into a site plan to achieve the objectives of this chapter, including,
but not limited to, preservation of open space and reduction of building
coverage.
[4]
Parking lot landscaping. One shade tree designed to reach a
mature height of at least 20 feet shall be planted for every 12 parking
spaces.
(g)
Other traffic and transportation requirements.
[1]
Regulation of faculty and staff arrival and departure times
in both a.m. and p.m. hours shall be established for schools of general
or special instruction as necessary to mitigate vehicle trips in the
a.m. and p.m. peak hour. The Planning Board may require the applicant
to coordinate timing of such arrival and departure times with schools
in the vicinity to the extent practicable in order to avoid conflicts.
[3]
The entrance points for pedestrian/bicycle paths shall be signed
indicating the need for bicyclists to share the path and properly
yield to pedestrians that are present.
[4]
A traffic circulation and parking plan shall be provided prior
to the issuance of a special permit, and shall be based upon the maximum
student capacity and traffic characteristics of the school of general
or special instruction. The plan shall provide the following information
to the Village Building Department on an annual basis:
[a]
Bus circulation and traffic patterns expected to
be generated by the school of general or special instruction;
[b]
Demonstration that bus circulation and traffic
patterns shall not cause cars or buses to queue on public or private
roads at peak hours;
[c]
Maximum student enrollment capacity and attendance
policies;
[d]
Numbers of full-time and part-time faculty and
staff, with attendance policies and parking locations and requirements;
[e]
If applicable, requirements for parental compliance
with busing and driving policies;
[f]
If applicable, community residence of students
and whether busing is provided by home district, and for what grades;
[g]
List of locations of bus drop-offs other than campus
and how students reach campus;
[h]
List of exceptions to bus ridership and number
of students receiving exemption for each year;
[i]
If applicable, number and size of buses transporting
students by grade;
[j]
Number of students riding buses by grade; and
[k]
Number of student drivers authorized and any limitations
thereto, with parking locations and requirements.
[5]
All construction of internal roadway improvements shall be completed
prior to the issuance of any temporary or permanent certificate of
occupancy.
[6]
All on and off-site traffic improvements required by the special
permit use criteria for this use shall be undertaken at applicant's
sole cost and expense.
(h)
Water. Each applicant shall demonstrate that there is sufficient
water capacity for the project and shall supply a potable water delivery
system capable of meeting both the domestic water and emergency firefighting
needs of the facility.
(i)
Signs. Signs shall be permitted for schools of general or special instruction in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.
[Amended 2-15-2023 by L.L. No. 1-2023]
(j)
Other conditions and safeguards. The Planning Board shall attach
such other conditions and safeguards to the special permit as are
necessary for the protection of the health, safety and welfare of
the community, and to assure continual conformance with the intent
of this chapter.
(3)
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for schools of general or special instruction herein
up to 3%, for good cause shown.
B.
Dormitories. Dormitories are permitted only as accessory uses to
schools of general or special instruction, and only shall be permitted
as part of a special permit for such a school, subject to the following
supplemental requirements below:
(1)
Bulk requirements. Bulk requirements in each zoning district for
dormitories shall be determined by the use group indicated for the
principal school of general or special instruction use, as indicated
in Column C-1 of the Table of General Use Requirements, and as defined
in the Table of Bulk Requirements,[2] with the modifications below:
(a)
The required minimum lot area for a dormitory shall be provided according to § 195-72A(1)(b) above.
(b)
The minimum distance between a dormitory and any other building
on the lot shall be 50 feet.
(c)
The minimum distance between any dormitory and any interior
driveway shall be 25 feet.
(d)
The maximum height of any dormitory shall be the same as the
requirement for a one-family detached residence in the district where
the dormitory is located.
(e)
The dormitory buildings, and any dining halls serving such,
shall, in combination, contain not more than 35% of the gross floor
area of all buildings on the entire school site.
[2]
Editor's Note: Said tables are included as attachments to this chapter.
(2)
A dormitory shall be permitted only in habitable floors of a structure
as defined by the New York State Uniform Fire Prevention and Building
Code.
(3)
All dormitories shall be equipped with sprinkler and fire alarm systems
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(4)
Parking for dormitories shall be provided in addition to the parking
required for the school of general or special instruction in the Table
of General Use Requirements Column F.[3] One parking space shall be provided for every four dormitory beds for elementary and secondary schools and for every two dormitory beds for postsecondary schools. This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.
[3]
Editor's Note: The table is included as an attachment to this chapter.
(5)
Lighting and landscaping.
(6)
Occupancy standards. Dormitory units shall only be occupied in accordance
with the limitations set forth in this section. The school of general
or special instruction shall provide annual reports to the Village
Building Department demonstrating compliance.
(a)
Occupancy of a dormitory unit shall be limited to full-time
students and full-time student supervisors, as defined by this chapter.
Full-time student supervisors shall not exceed 10% of the total of
dormitory occupants. There shall be no more dormitory beds accessory
to any school of general or special instruction than are reasonably
required to accommodate the school's maximum capacity of full-time
students and their full-time student supervisors, as required under
law.
(b)
If a person ceases to be eligible for occupancy, said person
shall vacate the dormitory within 30 days.
(c)
No dormitory unit or structure housing a dormitory unit shall
be sold in fee-simple or as any other interest in real or personal
property, or otherwise subdivided from the school of general or special
instruction use, nor shall any full-time student or full-time supervisory
staff be permitted to independently rent, sublet, lease or otherwise
grant permission to any other individual to reside in the dormitory.
(7)
Solid waste disposal. Central refuse collection areas shall be located
for the convenience of all dormitories. They shall be supplied with
an adequate number and type of covered receptacles and shall be provided
with proper screening and maintenance. Such areas shall not be located
in the required front yard.
(8)
Architectural review. All applications for dormitories accessory to schools of general or special instruction shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
(9)
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for dormitories herein up to 3%, for good cause
shown.
A.
Hotel and motel units shall not contain kitchen facilities
of any nature, shall not be used as apartments for nontransient tenants,
shall not contain more than two rooms and shall not be connected by
interior doors in groups of more than two. There shall be no more
than one hotel or motel unit for each 1,400 square feet of site area
exclusive of required setbacks.
B.
Each hotel or motel room shall have an area of at
least 300 square feet. Each hotel or motel unit shall have a bath
facility with shower or bath, one toilet facility and sink. No motel
or hotel building shall exceed a height of three stories or 30 feet,
whichever is less.
C.
The following accessory uses shall be permitted:
(1)
One apartment with or without kitchen facilities for
the use of the hotel or motel manager or caretaker and family within
the motel building.
(2)
One coffee shop for hotels or motels with no more
than 100 rooms. For hotels or motels of over 100 rooms, a restaurant
and a coffee shop are permitted. Such facilities shall be located
within the hotel or motel building.
(3)
Amenities, amusements and sports facilities for the
exclusive use of hotel guests, including:
[Amended 2-19-2020 by L.L. No. 1-2020]
(4)
Office and lobby, provision of which shall be mandatory
for each hotel or motel.
(5)
Meeting, banquet and/or conference rooms.
D.
All hotels and motels shall be equipped with sprinkler
and fire alarm systems in accordance with the New York State Uniform
Fire Prevention and Building Code.
[Amended 4-18-2018 by L.L. No. 2-2018]
A.
Animal hospitals and veterinary clinics. A building or structure may be used as an animal hospital or veterinary clinic in accordance with Article III, § 195-9, Use Table, and shall be conducted in accordance with the following general standards:
(1)
The animal hospital or veterinary clinic shall not create a hazard
to health, safety or general welfare and shall conform to all applicable
federal, state, county and local health and safety codes.
(2)
The animal hospital or veterinary clinic shall not keep animals overnight.
(3)
No outdoor exercise areas, pens or kennels shall be permitted.
(4)
The building shall be constructed with sufficient internal sound-absorbing
materials so as to minimize noise emanating from the premises.
(5)
Any odors which are emitted from the building shall be mitigated
or dispersed in a manner which will minimize their impact.
(6)
The building shall provide space for waiting room, doctors' offices,
operating room, holding of animals, storage and administrative functions.
(7)
The Planning Board shall review and approve any facilities for storage
or disposal of animal cadavers or medical waste as part of the special
use permit application process. Such disposal shall conform to all
applicable health and safety codes.
(8)
The facility shall maintain a covered outdoor trash receptacle and
bag dispenser for use by persons whose animals defecate entering or
exiting the structure. Additionally, there shall be signs prominently
posted prohibiting the walking of animals outdoors on or around the
property. At least once per day, the operator shall patrol the entire
site for fecal matter and urine and dispose of fecal matter and clean
and deodorize any surfaces as necessary to minimize odors on the site.
(9)
All trash stored outside shall be in fully enclosed dumpsters, and
no dumpster used for the disposal of fecal matter shall be located
within any required yard or be located closer than 100 feet to any
residence or closer than 50 feet to any residentially zoned lot. Trash
in dumpsters shall not exceed capacity so as to result in lids not
sealing.
(10)
The facility shall employ an exterminator to regularly monitor
and remediate any vermin infestations on the site, especially in and
around outdoor areas and dumpsters.
A.
One stable shall be provided for each horse housed
on the site, and there shall be no stabling of animals or storage
or use of manure or other dust-producing substances within a distance
of 200 feet of any lot line. If outdoor lighting is provided for riding
areas, the applicable setbacks shall be doubled. All lighting shall
be located so as not to be visible at the source from any adjoining
property. Screening at least 75 feet in width shall be required between
such use and any nonagricultural use.
A.
The Planning Board may permit camps, day camps, and
recreational facilities upon terms and conditions limiting the periods
of operation.
(1)
Access to such facilities shall be limited to improved
state, county, town or Village roads shown as major roads on the Official
Map. Such facilities shall be adequate to preclude the necessity of
pedestrian traffic outside the approved facility, except for travel
within a state or county park or parkway.
(2)
Camps and day camps may include such structures as
bungalows, tent stands and cottages, provided that no heating or plumbing
facilities are installed that permit residential year-round occupancy.
Covenants precluding such occupancy shall be recorded in the County
Clerk's office.
(3)
Camps and day camps shall not be deemed to include
any trailer or recreation vehicle campers' facilities, nor shall accommodations
of any sort be offered for transient or overnight camping.
B.
Swimming clubs or swimming pools shall be classified
and located as follows:
|
Type of Pool
(class)
|
Maximum Area
(square feet)
|
Minimum Setback from
Any Property Line
(feet)
| |
|---|---|---|---|
|
A
|
Over 3,500
|
200
| |
|
B
|
Over 2,500
|
175
| |
|
C
|
Over 1,500
|
150
| |
|
D
|
1,500 or less
|
100
|
D.
Lighting. If outdoor lighting is provided for any
of the foregoing recreational facilities, including swimming pools,
which permits use of the facilities after 10:00 p.m., the applicable
setback requirements for such facility shall be doubled. All lighting
shall be located so as not to be visible at the source from any adjoining
property.
E.
Noise. A public-address system or any other amplified
noises are prohibited.
F.
Parking. All parking areas and spaces shall have dustless
surfaces.
G.
Enclosed buildings. Facilities such as casinos and
recreational halls shall be located within completely enclosed buildings.
The standards for senior citizen housing developments
shall be as follows:
A.
It shall be the duty of the owner or his agent to
file a certification with the Building Inspector indicating compliance
with this chapter's requirements relating to the number of occupants
and the age of the occupants in each dwelling unit. Such certification
shall be filed no later than January 15 of each year.
B.
No more than 15% of the dwelling units shall be two-bedroom
units. No dwelling unit shall contain more than two bedrooms, except
that one dwelling unit for each superintendent may be provided which
shall consist of no more than three bedrooms.
C.
Except for the superintendent and family, the occupancy
of a senior citizen housing development shall be limited to single
persons who qualify as senior citizens under present, future or amended
definitions of the governmental agency providing subsidy or support
to the project (Federal Department of Housing and Urban Development,
New York State Division of Housing and Community Renewal or similar
or successor agencies of the federal or state government) or to families,
the head of which so qualifies, except that occupancy of a dwelling
unit by a family, the head of which is younger than a senior citizen,
shall be permitted if it is established that the presence of such
person is essential for the physical care of an eligible occupant.
In the absence of any definition, the minimum age for eligibility
shall be 60 years.
D.
Within the senior citizen housing development, certain
related ancillary facilities may be permitted, either in a separate
building or in combination with dwelling units, such as cafeterias,
self-service laundries, lounges, game rooms, workshops or medical
infirmaries, only to the extent that they meet the needs of the occupants
of the development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view
with no outside advertising. Such facilities shall be expressly approved
by the Planning Board. Approval of a special permit and site development
plan for dwelling units in a senior citizen housing development in
no way constitutes approval for installation of any type of related
facility.
E.
The gross site density shall not exceed 20 units per
acre.
F.
The development coverage shall not exceed 40%, including
buildings, walks, parking areas and driveways. Parking areas above
the ground floor, if any, within a building shall not be counted in
computing said coverage. Building coverage shall not exceed 20%.
G.
The minimum distance between detached buildings shall
be 50 feet.
H.
Suitably equipped and adequately maintained recreation
and open space shall be provided. Group sitting areas shall be well-defined
by walls, fences, hedges or other plantings designed to impart a sense
of containment or security and to provide group privacy.
I.
There shall be provided a safe and convenient system
of drives, service access roads and walks with due consideration given
in planning such facilities to such items as handrails and ramps.
Such facilities shall be adequately lighted, and said lighting shall
not be directed on adjacent streets or properties.
J.
Central refuse collection areas shall be located for
the convenience of all units. They shall be supplied with an adequate
number and type of covered receptacles and shall be provided with
proper screening and maintenance.
K.
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (Article VII, § 195-29A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.
L.
The required side and/or rear yard may be decreased
to 10 feet where abutting another senior citizen housing development.
No nursery school shall be operated during the
months of July and August unless it meets with the requirements of
a day camp as specified in this chapter, except for any school operated
with a number of children no greater than the average attendance throughout
the regular school year and without use of an outdoor swimming facility
or pool.
[Added 8-15-2018 by L.L.
No. 6-2018]
[1]
Editor's Note: Former § 195-79,
Contractor's storage yard, was repealed 2-23-2005 by L.L. No. 2-2005.
[Added 8-15-2018 by L.L.
No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]
A.
The building containing the residential gathering place shall comply
with all applicable zoning code provisions of the Village of Montebello
for a one-family detached residence, and with the requirements of
all applicable fire and building codes of New York State, and shall
be accessory to the principal use as a single-family residence.
B.
Only habitable spaces within structures in compliance with all applicable
fire and building codes may be utilized for a residential gathering
place. Gatherings shall not be held in temporary structures, outside
of the residence building or permanent accessory structures, more
than three times per year, nor for a duration of longer than 10 days.
C.
The maximum occupancy of the residential gathering place shall be in accordance with the definition of "gathering place, residential," as set forth in § 195-124.
D.
The maximum floor area of the residential gathering place shall be in accordance with the definition of "gathering place, residential," as set forth in § 195-124.
E.
Notwithstanding any other provision of this chapter, only those accessory
uses permitted as of right to a one-family detached residence shall
be allowed at a residence with a residential gathering place. Where
accessory uses are proposed that are not permitted as of right to
a one-family detached residence, the use shall no longer be considered
for issuance of a special permit for a residential gathering place
under this chapter.
F.
The required number of parking spaces for a residential gathering
place shall be determined by Column F of the Table of General Use
Requirements.[1] Parking shall be provided for both the residence and the gathering place area, according to the table. This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A. All required parking spaces shall be provided on the lot on which the residential gathering place is located.
[1]
Editor's Note: The table is included as an attachment to this chapter.
G.
No parking or loading shall be permitted between the structure and
any street line on which the property fronts.
H.
All outdoor lighting shall be shielded in a manner to direct lighting away from adjacent properties and the public street. Exterior lighting shall be limited to the minimum requirements by code for safety and shall comply with the site development plan specifications in Chapter 146.
I.
The Planning Board shall require adequate screening in the required
rear and side yards, to protect the character and compatibility of
adjacent uses. Screening can consist of a wall, fence and/or plantings
as approved by the Planning Board.
J.
Except as set forth in § 195-79.1B above, the Residential Gathering Place use shall be conducted entirely within a completely enclosed structure, which use is incidental and accessory to the use of the residence for dwelling purposes, does not change the architectural character thereof, and is consistent with the residential zoning district involved. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
K.
No regularly scheduled assembly may be held between the hours of
11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly
scheduled" shall mean occurring in greater frequency than three times
per calendar year.
L.
No space within the residential gathering place may be rented out
to or utilized for meetings or functions not directly convened or
hosted by the residents of the principal one-family detached residence.
M.
One sign is permitted which shall meet the standards for a home occupation sign as set forth in § 195-82A. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.
[Amended 2-15-2023 by L.L. No. 1-2023]
N.
Outdoor recreational facilities and/or use of outdoor areas shall
be limited to those customarily incidental and subordinate to a residential
use and shall be used in a manner consistent with the residential
character of the neighborhood.
O.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the residential gathering place from adjacent residential properties,
outdoor lighting, and other conditions of use of the residential gathering
place as, in the judgment of the Board, are necessary for the residential
gathering place to be able to operate in a manner that is consistent
with public safety and neighborhood character.
P.
Any kitchen facilities shall be in scale or type as is customarily
incidental to a one-family detached residence. No catering facilities
are permitted.
Q.
A narrative summary shall be submitted to the Planning Board, providing
the maximum anticipated number of persons to be assembled, square
footage of the assembly spaces, days and hours of assembly, and number
of parking spaces provided.
R.
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for residential gathering places herein up to 3%,
for good cause shown. Any variation of bulk provisions greater than
3% shall be referred to the Zoning Board of Appeals.
[Added 8-15-2018 by L.L.
No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]
A.
A building containing a neighborhood place of worship shall comply
with all applicable provisions of the zoning code of the Village of
Montebello and all applicable fire and building codes of New York
State.
B.
A neighborhood place of worship may include a single residential
dwelling unit, but occupancy of the unit shall be limited to clergy
and their families. Such a single residential dwelling unit shall
be considered an accessory use and shall not require any additional
minimum lot area.
C.
For neighborhood places of worship, the principal use shall be the
holding of regularly scheduled religious services. Accessory uses
such as classrooms, social halls, administrative offices, baths, gymnasiums
and/or indoor recreation facilities may be provided, so long as such
accessory uses in their aggregate shall be subordinate to the size
and function of the neighborhood place of worship. No building permit
or certificate of occupancy shall be granted to such accessory use,
building or structure until the building permit and certificate of
occupancy for the principal use or building, respectively, have been
granted. A school of general instruction established at the site of
a neighborhood place of worship shall not be considered as accessory
to the neighborhood place of worship, but rather as an additional
principal use.
D.
The required number of parking spaces for a neighborhood place of
worship shall be determined by Column F of the Table of General Use
Requirements.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.
[1]
Editor's Note: The table is included as an attachment to this chapter.
E.
No parking or loading shall be permitted between the structure and
any street line on which the property fronts, although a drop-off
or porte cochere shall be permitted in the front yard. All loading
and delivery areas shall be located in the rear yard and shall be
effectively screened to a height to eight feet from any adjacent residential
properties and the public street.
F.
All outdoor lighting shall comply with the site development plan specifications in Chapter 146 and be shielded in a manner to direct lighting away from adjacent properties and the public street.
G.
The application for a neighborhood place of worship shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
H.
A minimum twenty-foot-wide landscaped area shall be provided along
all property lines, excluding the front line, and access points. The
landscaping shall incorporate plantings, berms, and such other elements
as are necessary to screen the facilities.
I.
No regularly scheduled assembly may be held between the hours of
11:00 p.m. and 6:00 a.m. For the purpose of this provision, "regularly
scheduled" shall mean occurring in greater frequency than three times
per calendar year.
J.
To maintain the character of the use as a neighborhood place of worship,
attendance at any services, wedding receptions or other social or
religious functions for congregants held at the neighborhood place
of worship shall be limited to available on-site parking.
K.
Signs. Signs shall be permitted for neighborhood places of worship in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.
[Amended 2-15-2023 by L.L. No. 1-2023]
L.
Outdoor recreational facilities and/or use of outdoor areas shall
be limited to those customarily incidental and subordinate to a residential
use and shall be used in a manner consistent with the residential
character of the neighborhood.
M.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the neighborhood place of worship from adjacent residential properties,
outdoor lighting, and other conditions of use of the neighborhood
place of worship as, in the judgment of the Planning Board, are necessary
for the neighborhood place of worship to be able to operate in a manner
that is consistent with public safety and neighborhood character.
N.
No cooking facilities will be permitted, other than warming kitchen
equipment for use by the clergy and/or congregants of the neighborhood
place of worship and any kitchen equipment for exclusive use of residents
of a residential dwelling unit. No kitchen equipment designed for
large scale food preparation shall be permitted.
O.
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
P.
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for neighborhood places of worship herein up to
3%, for good cause shown.
[Added 8-15-2018 by L.L.
No. 6-2018; amended 5-19-2021 by L.L. No. 2-2021]
A.
A building containing a community place of worship shall comply with
all applicable provisions of the zoning code of the Village of Montebello
and all applicable fire and building codes of New York State.
B.
No parking or loading shall be permitted between the structure and
any street line on which the property fronts, although a drop-off
or porte cochere shall be permitted in the front yard. All loading
and delivery areas shall be located in the rear yard and shall be
effectively screened to a height to eight feet from all adjacent residential
properties and the public street.
C.
Parking lot landscaping. One shade tree designed to reach a mature
height of at least 20 feet shall be planted for every 12 parking spaces.
D.
Landscape buffer area. A minimum twenty-foot-wide landscaped area
shall be provided along all property lines, excluding the front line,
and access points. The landscaping shall incorporate plantings, berms,
and such other elements as are necessary to screen the facilities.
E.
A community place of worship may or may not include a single residential
dwelling unit, but occupancy of the unit shall be limited to clergy
and/or their families. Such a single residential dwelling unit shall
be considered accessory and shall not require any additional minimum
lot area.
F.
All outdoor lighting shall comply with the site development plan specifications in Chapter 146 and shall be shielded in a manner to direct lighting away from adjacent properties and the public street.
G.
The application for the community place of worship shall be referred to the Architectural Review Board in accordance with Article XI of this chapter. The appearance of all principal and accessory structures shall be in harmony with the surrounding area and be of a similar design aesthetic in conformity with the scale and character of the neighborhood within which it is to be located.
H.
For community places of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions such as religious schools, social halls, administrative offices and indoor recreation facilities may be provided, so long as such facilities and functions shall be subordinate in aggregate to the size and function of the community place of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted. A school of general instruction, as defined in § 195-124, Definitions, established at the site of a community place of worship shall not be considered as accessory to the community place of worship, but rather as an additional principal use.
I.
On-site parking shall be provided according to the standards indicated
in the Table of General Use Requirements, Column F.[1] This parking requirement may be reduced by up to 25% pursuant to § 195-28B. Reserve areas for future parking lot development may be provided in lieu of construction of parking spaces, pursuant to § 195-28A.
[1]
Editor's Note: The table is included as an attachment to this chapter.
J.
Attendance at any services, wedding receptions or other social or
religious functions held at the community place of worship shall be
limited to the capacity of the community place of worship as determined
by the applicable building codes of New York State, as well as the
available on-site parking, unless a parking management plan (PMP)
is provided. Such events demanding parking in excess of the on-site
parking provided shall require a PMP to be submitted for approval
by the Planning Board as part of the special permit application establishing
a community place of worship, pursuant to the requirements set forth
below. The PMP shall be used to address parking demand during the
maximum projected attendance at the maximum building capacity, for
holy days or other large, planned events for the particular place
of worship making the application. Such PMP shall be provided to the
Ramapo Police Department, the applicable Fire Department and the office
of the Montebello Village Clerk. If a PMP is required as part of the
special permit process, the applicant shall address the following:
(1)
Designated off-site parking areas. The applicant shall submit
a fully executed written agreement between the applicant and one or
more providers of a location for off-site parking;
(2)
The applicant shall indicate implementation of group travel
to and from the off-site parking locations by the use of shuttle vehicles;
(3)
The applicant shall use traffic control measures such as the
hiring of an off-duty police officer and/or volunteers to facilitate
pedestrian flow, as well as on-site and off-site traffic;
(4)
The applicant shall provide a notification process to notify
patrons of the community place of worship and others regarding the
locations of off-site parking areas to be used;
(5)
The applicant shall indicate a method of pre-event registration
to obtain a ticket before the holiday or event to use the on- or off-site
parking facilities; and
(6)
In the event that off-site parking areas are not available to
accommodate the full capacity of the community place of worship, methods
to limit the number of event attendees to the number of attendees
that can be accommodated in the on-site parking area or at any available
off-site locations by utilization of a pre-event registration system
and distribution of tickets to registered persons that will be submitted
upon arrival at the site on the day of the event.
(7)
Existing community places of worship in existence prior to the
adoption of this section shall submit a PMP for large events to the
Planning Board within one year of adoption.
K.
Signs. Signs shall be permitted for community places of worship in accordance with Chapter 143. Where signs identify an establishment using a foreign language or alphabet, for reasons of public safety, to facilitate recognition by emergency first responders, and to avoid confusion and queuing by motorists, identification shall also be presented in the English language with English characters and Arabic numerals large enough to be clearly readable from the road, as circumstances and distance may require, but in no event less than three inches in vertical dimension.
[Amended 2-15-2023 by L.L. No. 1-2023]
L.
The Planning Board may impose such additional restrictions and conditions
on the location of parking spaces, landscaping and/or fencing to screen
the community place of worship from adjacent residential properties,
outdoor lighting, and other conditions of use of the community place
of worship as, in the judgment of the Planning Board, are necessary
for the community place of worship to be able to operate in a manner
that is consistent with public safety and neighborhood character.
M.
Kitchen equipment designed for large scale food preparation shall
be permitted, in compliance with all plumbing, electrical, fire, health
and safety codes. Such equipment shall be utilized only for the preparation
of foods to be served on site.
N.
A narrative summary shall be submitted, providing the anticipated
number of congregants, square footage of the sanctuary and other dedicated
spaces, days and hours of services, and number of parking spaces provided.
O.
Bulk provision waiver. The Planning Board shall have the authority,
consistent with the purposes of this chapter and upon finding that
the waiver shall not result in danger to the health, safety and general
welfare of the community, neighborhood or area residents, to waive
any bulk provision for community places of worship herein up to 3%,
for good cause shown.
A.
No dwelling unit shall contain more than two bedrooms,
except that one dwelling unit for a superintendent may be provided
which shall consist of no more than three bedrooms.
B.
Except for the superintendent and family, the occupancy
of a housing development for the physically handicapped shall be limited
to single persons who qualify as physically handicapped under present,
future or amended definitions of the governmental agency providing
subsidy or support to the project (Federal Department of Housing and
Urban Development, New York State Division of Housing and Community
Renewal or similar or successor agencies of the federal or state government)
or to families, the head of which so qualifies, except that occupancy
of a dwelling unit by a family, the head of which is not physically
handicapped, shall be permitted if it is established that the presence
of such person is essential for the physical care of an eligible occupant.
C.
Within the housing development, certain related accessory
facilities may be permitted either in a separate building or in combination
with dwelling units, such as cafeterias, self-service laundries, lounges,
game rooms, workshops or medical infirmaries, only to the extent that
they meet the needs of the occupants of the development. Such facilities
shall be subordinate to the residential character of the development
and shall be located out of public view with no exterior advertising.
Such facilities shall be expressly approved by the Village Board.
Approval of a special permit and site development plan for dwelling
units in a housing development for the physically handicapped in no
way constitutes approval for installation of any type of related facility.
D.
The gross site density shall not exceed 10 units per
acre.
E.
The minimum distance between detached buildings shall
be 1 1/2 times the taller building.
F.
Suitably equipped and adequately maintained recreation
and open space shall be provided. Group sitting areas shall be well-defined
by walls, fences, hedges or other plantings designed to impart a sense
of containment or security and to provide group privacy.
G.
There shall be provided a safe and convenient system
of drives, service access roads and walks with due consideration given
in planning such facilities to the needs of the physically handicapped;
such facilities shall be adequately lighted and said lighting shall
not be directed on adjacent streets or properties.
H.
Facilities for refuse disposal shall be provided for
all dwelling units. Central collection areas shall be maintained and
conveniently located for all groups of units. The collection areas
shall be properly screened and supplied with all covered receptacles
required for tenant use.
I.
All parking areas, driveways, recreation areas and
refuse collection areas shall be no closer than 10 feet to any building
or lot line, and any swimming pool shall be no closer than 30 feet
to any building and 50 feet to any lot line; these dimensions may
be reduced by the Planning Board upon site plan approval where local
conditions warrant. Such areas between said facilities and lot lines
shall be landscaped with suitable screening.
J.
The front yard depth may be reduced by the Planning
Board upon site development plan approval where local conditions warrant
and substitute measures are provided for the protection of neighboring
properties.
A.
Standards. Single-family attached housing consisting
of a building or buildings, provided the following:
(1)
The maximum lot size for an affordable housing development
shall be no larger than 20 acres.
(2)
The maximum gross density shall be five dwelling units
per one acre.
(3)
No building shall exceed 150 feet in length, and each
shall be provided with a minimum five-foot offset at a maximum of
every 50 feet of length. This offset shall include the roof lines.
(4)
No building shall contain more than six attached units.
(5)
The minimum distance between each residential building
or buildings within the development shall be 50 feet.
(6)
There shall be provided, in the same lot, suitably enclosed, equipped and landscaped children's playlots, subject to Planning Board approval in accordance with Article IX.
(7)
The lot shall have access to a county or state road.
(8)
Each attached unit shall be owned in fee-simple ownership,
shall be owner-occupied, and all common areas shall be maintained
by a homeowners' association, membership in which shall be mandatory
for all unit owners.
(9)
A minimum distance of 40 feet shall be provided between
any residential unit in this district and any nonresidential district
boundary line.
(10)
Off-street parking areas and service yards shall
be suitably landscaped to assure an attractive development.
(11)
The parcel shall be served with central sewer
and central water facilities.
(12)
Two off-street parking spaces shall be provided
per dwelling unit. An additional 1/2 parking space per dwelling unit
shall be provided for visitor parking to be accommodated in visitor
parking areas.
(13)
Each unit shall be provided with a private outdoor
patio area.
(14)
The requirements of use group "w" in the Table
of Bulk Requirements, Part I, regulate the individual single-family
units permitted in an affordable housing development.
B.
Determination of need. As part of the environmental
review of any special permit application, the Village Board shall
make a determination that there is a need for the proposed number
of units of affordable housing to serve the Montebello residents and
members of their families, members of volunteer emergency service
agencies serving Montebello residents, Town employees, and Ramapo
Central School District and Good Samaritan staff and employees.
C.
Affordability. All dwelling units constructed in the
R-AH District shall be affordable to moderate-income residents.
(1)
Moderate income: the levels of income, designated
from time to time by resolution of the Village Board, which prohibit
or severely limit the financial ability of residents to purchase housing
in the Village of Montebello, based on experience in the housing market
in the Village, and which require the type of moderately priced housing
intended to be developed under provisions of this district. For purposes
of this district, the levels of gross family income designated as
moderate income shall be determined by the Village Board. In making
such determination, the Village Board shall consider, among other
factors, family size and number of dependents, income of all wage
earners in the family and sources of family income. As a general guide,
moderate income shall not be more than 80% of the median family income
(based on family size) in the Village of Montebello, but may be less.
(2)
The sale price of housing for single-family dwelling
units, including closing costs and fees, shall not exceed the applicable
maximum sales price as established from time to time by resolution
of the Village Board. These sales prices shall be based upon the understanding
that the purchaser's monthly costs for housing (mortgage, insurance,
taxes, utilities and maintenance charges) shall not exceed 30% of
the maximum gross monthly income for the average monthly income of
a moderate-income family.
D.
Restriction on sale and subsequent resale.
(1)
Every purchaser of a moderately priced dwelling unit
shall certify, on a form prescribed by the Village, that he/she is
acquiring said unit for his/her primary place or residence. Purchasers
of moderately priced dwelling units shall not be permitted to lease
said units to other parties, this being enforced by a deed restriction.
No developer shall sell any unit without first obtaining such certificate
from the purchaser.
(2)
Moderately priced dwelling units constructed or offered
for sale in this district may be sold at any time following the date
of original sale. However, the sale price shall not exceed a price
that equals the original purchase price plus the increase in the cost
of living for the region as determined by the United States Department
of Labor's consumer price index between the date of original purchase
and the date of resale, plus a fair market value for improvements
made to the unit. A covenant shall be recorded with the Rockland County
Clerk's office which shall give the Village the right to approve or
disapprove the subsequent sale of the unit based on the income characteristics
of the proposed purchaser.
E.
Administration.
(1)
Following the approval of a development, under the
provisions of this district, by the Planning Board, the Village Board
shall be responsible for the administration of the requirements of
this district. The Village Board shall also be responsible for the
promulgation of such rules and regulations as may be necessary to
implement such requirements. The Village Board shall retain discretion
to contract for any aspect of administrative or consulting services
relating to administering any of the affordability aspects of the
program, or may decide to control the process entirely within the
Village by, for example, the formation of and appointment of a board
or commission.
(2)
The Village shall certify as eligible all applicants
for the moderate-income dwelling units.
(3)
The Village shall, following irregular program advertisements,
maintain a list of preliminary eligible applicants.
F.
Eligibility priorities. Moderate-income families applying
for moderate-income units shall be selected on a first-come-first-served
system, and the following categories or priority, in order of priority,
shall be utilized:
(1)
Residents of the Village of Montebello at the time
of application and their family members who, at one time, resided
with such residents within the Village.
(2)
Persons employed at the time of application by the
Village of Montebello, the Town of Ramapo, the Ramapo Central School
District or Good Samaritan Hospital. Volunteers in good standing at
the time of application serving the Ramapo Valley Ambulance Corps
or the Tallman Volunteer Fire Company and who have served the same
for three or more continuous years. Law enforcement officers employed
at the time of application by the Rockland County Sheriff's Department
or as New York State Troopers.
(3)
Parents and siblings of Montebello residents at the
time of application or of the deceased spouses of such residents.
Former residents of the Village of Montebello with relatives currently
residing within the Village.
(4)
Persons employed in the Village of Montebello at the
time of application. Law enforcement officers residing within the
County of Rockland at the time of application or employed as law enforcement
officers within the County of Rockland at the time of application.
Volunteers in good standing at the time of application serving the
Ramapo Valley Ambulance Corps or the Tallman Volunteer Fire Company
and who have served same for one or more continuous years.
(5)
Residents of the Town of Ramapo (incorporated and
unincorporated areas) and all former residents of the Village of Montebello.
(6)
Residents of Rockland County.
(7)
All others.
G.
Tax assessment. The restricted sales value of the
moderate-income dwelling unit in a development shall be taken into
consideration by the Town of Ramapo Tax Assessor in determining the
basis for assessments of such units.
A.
There shall be no exterior evidence of such use except
for a sign not exceeding six inches in vertical dimension and 30 inches
in horizontal dimension, set back at least 10 feet from the designated
street line, bearing the name of the person engaged in the home occupation,
plus letters designating the license or degree relevant to the home
occupation, if one exists (i.e., MD, Esq., or JD, DDS, DC, CPA, etc.),
but not words descriptive of the occupation or the name of a business,
and as further limited, but not expanded, by other regulations of
signs as may appear in the Zoning Chapter. For safety reasons, the
sign may be illuminated, but only during the hours of operation permitted
by the special permit.
B.
The use shall not involve, except as otherwise permitted
in residence districts, the parking, storage or standing of any commercial
vehicles or construction equipment or the outdoor storage of materials.
C.
The use of any chemical, mechanical or electrical equipment, which is not a customary household appliance, or light office equipment, or is not ordinary to a home shop or garage, is not permitted unless expressly granted in the special permit, but in no event shall same be permitted if same becomes integral to the structure of the dwelling, or if emitting potentially harmful fumes or radiation, or if emitting noxious odors, or noise offensive or disturbing to neighboring properties, or if not capable of being powered by electrical mains of ordinary household current capacity (i.e., two-phase, 200 ampere service), or as otherwise prohibited in Subsection G.
D.
The activity shall not occupy more than 1/2 of the
ground floor area of the principal structure or its equivalent elsewhere
on the lot, if so used, but in no case more than 500 square feet.
When requested by the Planning Board, a single line floor plan shall
be provided together with the application for special permit. The
Planning Board may require that the drawing be certified by an appropriate
professional.
E.
No persons other than the occupants of the household
may engage in the home occupation/home professional office. However,
a maximum of one full-time person not residing in the household, or
the equivalent of one full-time person, but not more than one person
at the same time, may be employed therein if that employment is secondary
to, but in support of and necessary to the occupation, and the residence
is located such that the driveway access thereto is from a state or
county road. If the residence and driveway access thereto is not so
located, a nonresident of the household may not be employed thereat
unless the occupation is of a nature which does not require contact
with visitors in the residence for the purposes of the occupation.
F.
The person engaging in the occupation must be the
applicant, and must use the subject dwelling as his or her primary
residence. If that person is not the record owner of the dwelling,
said person must submit in conjunction with the application for a
special permit an affidavit from a record owner, in a form as prescribed
by the Village, which among other things, grants permission to engage
in said occupation at the premises, and to make application therefore.
G.
There shall be no visual, olfactory, or auditory evidence
of the use at the property line other than permitted accessory parking
and a sign. Such evidence includes, but is not limited to nuclear,
radiological, or electromagnetic emanations, or vibration, noise,
light or other elements potentially disruptive to a residential neighborhood.
H.
Wholesale, retail or service businesses which sell,
lease, service or rent goods, products or services on a walk-in or
drive-up basis are prohibited.
I.
The use may not operate more than 35 hours per week,
and only between the hours of 8:00 a.m. to 9:00 p.m., weekdays and
one day on the weekend. The hours of operation shall be disclosed
to the Planning Board as a part of the application and shall be a
condition of the special permit.
J.
Parking requirements shall be as stated in Article III of this chapter, and the location of parking spaces may be required to be specified on a plan.
K.
Upon first issuance, the special permit shall be for
a period of two years, unless the applicant seeks a shorter duration.
Upon a first renewal the renewal period shall be for five years, and
the second renewal shall be without expiration date unless otherwise
specified hereinafter. The special permit shall automatically expire
according to its terms unless the following renewal procedure is followed:
(1)
Application for renewal must be made to the Planning
Board no later than 60 calendar days prior to the expiration thereof.
(2)
Notice of said application for renewal in a form prescribed
by the Village shall be sent by the applicant within 10 days of making
application to all residences abutting the subject parcel, whether
to the rear or along the side lines, and along both sides of the street
or roadway on which the driveway to the subject parcel is located
within 500 feet of the lot lines thereof where same intersect said
street or roadway. Said notice shall be sent registered mail, return
receipt requested, and proof of said mailing shall be submitted to
the Clerk of the Planning Board.
(3)
Said notice shall include a tentative hearing date
to consider such renewal as set by the Clerk on the next regularly
scheduled meeting of the Planning Board closest to the expiration
date. The special permit shall be deemed extended, if need be, until
the matter is heard and decided. Upon such application for a renewal
the Planning Board shall be deemed to have renewed said special permit,
and the Clerk shall issue a renewal special permit, unless written
objections to such renewal have been received by the Clerk from the
noticed persons by no later than 15 days before the tentative hearing
date, or unless reports of complaints about such usage were made during
the term of the expiring permit as appearing in the records of the
Village.
(4)
If either of the above two exceptions apply, then
the Clerk shall place the matter on the Planning Board agenda for
a public hearing with due legal notice, and the Planning Board shall
hear the matter to determine whether said occupation has been consistent
with the terms and conditions of the expiring special permit, and
has been secondary to, and consistent with, the residential character
of the zoning district involved. If the Planning Board so determines
it shall grant renewal of the special permit.
(5)
If the Planning Board determines otherwise, it may,
upon granting renewal, impose additional terms and conditions, and
may limit said renewal period to a period less than the renewal period
applicable, but in no event for less than two years.
(6)
This renewal process shall apply whenever renewal
is sought.
L.
Anything to the contrary notwithstanding, said special permit shall
automatically expire upon the sale and conveyance of the subject parcel,
or upon the termination of the interest of the permit holder if issued
to a person other than the owner, or upon the permit holder ceasing
to engage in said occupation for a continuous period of six months
or more. Each such special permit shall exclusively be issued for,
and shall relate only to, the activities of the original applicant
at the premises originally subject to same. However, should a permit
holder-owner convey the residence to another person who is to reside
thereat wishing to obtain the benefit of the special permit, and according
to the same terms and conditions, the rights shall be transferable
upon the filing of written notice in a form prescribed by the Village
with the Clerk of the Planning Board together with proof of such conveyance.
In such an event the Clerk shall issue a special permit to the benefit
of the new permit holder-owner, except that the expiration date thereof
shall be set to be not be longer than one year from the date of said
issuance or the actual expiration date of the original special permit,
whichever shall be sooner.
[Amended 8-15-2018 by L.L. No. 6-2018]
M.
A notice of the granting of a special permit pursuant
to this section shall be filed in the office of the Rockland County
Clerk by the Village at the expense of the applicant.
A.
As part of its site plan approval authority, the Planning
Board shall have the authority to review and approve the building's
exterior appearance and materials.
B.
Freestanding buildings, particularly those on pad
sites, shall be architecturally treated on all sides. Buildings without
drive-through facilities shall not have display windows on more than
two sides, and sides without display windows shall have extensive
landscaping.
C.
An enclosure screening solid waste containers is required,
and shall be architecturally treated in a manner similar to the building
it serves.
D.
The Planning Board, at its sole discretion, may modify
parking requirements and parking space dimensions, taking into account
adjacent parking associated with a shopping center complex to which
the bank may be dependent functionally.
E.
Flower beds or other planting beds shall be provided
as required by the Planning Board along drive-through lanes and elsewhere
on the site.
F.
Where possible, the location of the bank shall take
into account other adjacent buildings and drive-through facilities,
and shall be situated in a manner that minimizes potential vehicular
conflicting movements between the uses.
G.
Vehicle service or drive-through aisles shall not
be permitted in any required yards. Said aisles may encroach into
the full depth of the front setback, but not exceeding 5% of the area
of the setback in the entire site, so long as such encroachment is
not visible from any public street by virtue of the use of extensive
landscaping.
A.
As part of its site plan approval authority, the Planning
Board shall have the authority to review and approve the building's
exterior appearance and materials.
B.
Freestanding buildings, particularly those on pad
sites, shall be architecturally treated on all sides. Buildings without
drive-through facilities shall not have display windows on more than
two sides, and sides without display windows shall have extensive
landscaping.
C.
An enclosure screening solid waste containers is required,
and shall be architecturally treated in a manner similar to the building
it serves.
D.
The Planning Board may, at its sole discretion, modify
parking requirements and parking space dimensions, taking into account
adjacent parking associated with a shopping center complex to which
the restaurant may be dependent functionally.
E.
Fast-food restaurants shall be required to maintain
litter patrol arrangements with the Village, to include geographic
limitations and frequency of patrols.
F.
The restaurant shall designate an individual who shall
be the liaison between Village authorities and the restaurant. Said
individual, upon notice from the Village, shall be responsible for
addressing issues related to maintenance, litter, snow removal, policing,
etc., in a prompt manner.
G.
Flower beds or other planting beds shall be provided
as required by the Planning Board along drive-through lanes and elsewhere
on the site.
H.
Where possible, the location of the fast-food restaurant
shall take into account other adjacent buildings and drive-through
facilities, and shall be situated in a manner that minimizes potential
vehicular conflicting movements between the uses.
I.
Vehicle service or drive-through aisles shall not
be permitted in any required yards. Said aisles may encroach into
the full depth of the front setback, but not exceeding 5% of the area
of the setback in the entire site, so long as such encroachment is
not visible from any public street by virtue of the use of extensive
landscaping.
A.
Twenty-four-hour drive-through or walk-in business
operations with pharmacy shall be allowed by special permit as an
accessory use to local convenience commercial uses. The bulk requirements
shall be the same as those required for local convenience commercial
uses.
B.
The applicant shall document the purpose of the twenty-four-hour
business operation. The Planning Board shall consider the operation
in relation to the health, safety and well-being of Village residents.
C.
The applicant shall document a reasonable need for
said operations and shall provide a list of the general categories
of merchandise to be sold between the hours from 9:00 p.m. to 9:00
a.m. The Planning Board may impose restrictions to the sale of goods
in the interest of public safety.
D.
The Planning Board shall consider the potential effect
to any adjoining residential neighborhoods resulting from traffic,
noise, lighting, or other potential impacts. The Planning Board may
impose conditions to mitigate potential impacts, including restrictions
on the location and operation of the drive-through, lighting, security
and other site design requirements.
E.
Where possible, the location of the drive-through
facility shall take into account other adjacent buildings and drive-through
facilities, and shall be situated in a manner that minimizes potential
vehicular conflicting movements between the uses.
F.
Vehicle service or drive-through aisles shall not
be permitted in any required yards. Said aisles may encroach into
the full depth of the front setback, but not exceeding 5% of the area
of the setback in the entire site, so long as such encroachment is
not visible from any public street by virtue of the use of extensive
landscaping.
G.
Operators of drive-through facilities shall be required
to maintain litter patrol arrangements with the Village, to include
geographic limitations and frequency of patrols.
H.
The operator of a drive-through facility shall designate
an individual who shall be the liaison between Village authorities
and the business establishment. Said individual, upon notice from
the Village, shall be responsible for addressing issues related to
maintenance, litter, snow removal, policing, etc., in a prompt manner.
I.
Flower beds or other planting beds shall be provided
as required by the Planning Board along drive-through lanes and elsewhere
on the site.
J.
The Planning Board, in its discretion, may require,
in granting the special permit, that the owner of the subject parcel
covenant in a form as may be recorded against the property, that no
other additional twenty-four-hour operation for any business on said
property for any purpose shall be sought by any means.
[Added 6-21-2006 by L.L. No. 4-2006]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board to permit shared driveways in all residential zones by special permit, provided that the Board finds that the application meets all the general conditions of § 195-17 and further meets all of the applicable conditions set forth in this section. Where a shared driveway is proposed as part of a subdivision, a separate special permit is not required.
C.
Standards.
(1)
Maximum number of lots: The maximum number of lots
sharing a driveway shall be three.
(2)
Minimum area of each lot (not including any portion
of shared driveway): 1 1/2 acres or the minimum lot area in the
underlying zoning district, whichever is greater.
(3)
Width: The width of the traveled way of the shared
portion of the driveway shall be no greater than 16 feet, with a two-foot
cleared shoulder on each side.
(4)
Length: The shared portion of the driveway shall in
no event be longer than 1/4 mile in length.
(5)
Agreement for construction and maintenance: Appropriate
legal agreements/declarations acceptable to the Planning Board Attorney
are to be provided to assure proper construction and maintenance of
the driveway.
(6)
Buffering/screening: Where appropriate, the Board
may require additional screening or buffering to insure privacy to
lots.
(8)
Where necessary, the applicant shall meet the requirements
of the New York State Village Law, § 7-736, Subdivisions
2 and 3.
[1]
Editor's Note: Former § 195-86,
Continuing care retirement community (CCRC) and assisted living residences,
was repealed 4-20-2005 by L.L. No. 1-2005.
The standards for a child day-care center shall
be as follows:
A.
Maximum lot area for a freestanding child day-care
center in the LO-C zone. It is the policy of the Village of Montebello
to protect and enhance the Village's ratable and employment base,
and to encourage the development of the LO-C zone for the uses permitted
therein, which include office buildings, laboratories, medical and
dental clinics, and health service complexes. To discourage the development
of vacant properties for uses other than those permitted, the Planning
Board shall be prohibited from approving a special use permit for
any freestanding child day-care facility on any property in the LO-C
zoning district that is two acres or greater in size at the time of
the date of adoption of this Zoning Chapter amendment. Child day-care
facilities shall be permitted only on a property that is two acres
or greater in size if said facility is clearly accessory and incidental
to one of the aforementioned permitted uses in the LO-C zoning district.
Said accessory use shall be integrated into the building containing
the principal permitted use and shall not be permitted in a freestanding
building, and shall require a special use permit in accordance with
the provisions contained herein.
B.
Child day-care facility accessory to LO-C permitted
use. The child day-care facility shall be operated and used exclusively
for the benefit of the children of employees of the office building
in which the child day-care center is situated. If an office or similar
building is located within a corporate office park or similar planned
business park the Planning Board may allow the child day-care facility
to be used by children of employees within the corporate office or
planned business park where the facility is located. The accessory
child day-care facility shall adhere to all requirements contained
herein.
C.
Application narrative. The special use permit application
shall be accompanied by a narrative description of the anticipated
occupancy of the facility by age group, i.e., infant, toddler, and
school age, and the hours of operation of the facility.
D.
Floor plan. A preliminary floor plan of the child
day-care center shall be submitted.
E.
Parking. In addition to the parking space requirements
contained in the Table of Use Requirements, Part F, additional parking
spaces shall be provided for dropoff and pickup of children at a rate
of one parking space per 30 children. Said spaces shall be provided
directly in front of the facility along an internal driveway or in
an approved parking area. The most appropriate location for dropoff
parking shall include a consideration of emergency access, and shall
be determined by the Planning Board during site plan review. The dropoff
location shall be clearly posted with appropriate signage or pavement
markings. Fire lanes shall not be used for dropoff areas.
F.
Outdoor play area. A minimum outdoor play area of
125 square feet per child under three years of age, or per child three
and over, whichever is greater, shall be provided. Outdoor play areas
shall be located a minimum distance of 25 feet from any lot line or
from any parking area, and 50 feet from any public right-of-way; provided,
however, that the Planning Board may vary this requirement on a case-by-case
basis to ensure that play areas are adequately screened and buffered
from vehicular areas. Outdoor play areas shall be directly accessible
from the principal structure, and shall not require crossing any street,
driveway, or parking area for access. The Planning Board may, as part
of site plan review and in consultation with the prospective operator,
modify the area requirement to apply only to the largest age group
enrollment scheduled to use the outdoor play area at one time.
G.
Minimum indoor play area. A minimum indoor play area
of 35 square feet per child shall be provided in accordance with the
New York State Social Services Law regulating child day-care centers.
Areas used for large motor activity, staff lounges, storage spaces,
halls, bathrooms, kitchens and offices shall not be included in the
calculation of the 35 square feet per child requirement.
H.
Noise and visual screening. Operation of a child day-care
center shall be conducted in a manner which minimizes any impacts
to adjoining residential uses or residential zoning districts. In
particular, noise shall be minimized and visual screening shall be
provided. Outdoor play areas shall not be located in the required
buffer area for the LO-C zone. The Planning Board shall determine
the appropriate combination of materials to buffer and screen the
center, which may include a combination of berm, fence and landscape
materials. Consideration shall be given to situating the building
on the site to attenuate and block noise generated by traffic and
the outdoor play area.
I.
Ingress and egress. Said facility shall provide a
minimum of two exits.
J.
Other standards. Child day-care centers shall adhere
to the requirements of the New York State Uniform Fire Prevention
and Building Code, as well as all other applicable sanitation, health
and traffic safety code requirements.
K.
Shopping center. If included as part of a shopping
center, said day-care center shall occupy an end unit only. If the
child day-care facility is part of an office building, said facility
shall occupy the first (ground) floor of the building only or a part
thereof.
L.
Hallways with a length of 20 feet or greater between
the building exterior and the child day-care center shall be prohibited.
M.
Traffic considerations. Due to the special occupancy
of a child day-care center, a center shall be situated on properties
which afford safe internal and external traffic circulation. In order
for the Planning Board to make this determination, a traffic impact
study shall be submitted with the special use permit application and
shall include, but not be limited to: a traffic capacity analysis,
sight distance calculations, study of internal traffic circulation.
The study shall include the submission of traffic data from existing
comparable facilities. The Planning Board may impose reasonable conditions,
including but not limited to restrictions on traffic flow and direction
into and out of the center, based on the results of the traffic impact
study.
N.
Security. A child day-care center may be developed
in a location where it abuts office or retail space that is transient
in nature. To ensure adequate safety to the occupants of the child
day-care center, the applicant shall demonstrate that reasonable measures
may be implemented to secure the center from entry by persons other
than employees, children being cared for, and their parents or guardians.
Security measures may include, but are not limited to, appropriate
locations for lighting, and internal security systems.
O.
Archaeological and historic properties. It is the
policy of the Village of Montebello to protect and safeguard the archaeological
and historic properties within the Village that lend the community
its special and unique character. The design of child day-care facilities,
with their special occupancy and need to include outdoor play areas
and equipment as part of the overall design of the facility, is inherently
inconsistent with the Village's desire to protect its archaeological
and historic resources. The Planning Board shall be prohibited from
issuing a special use permit for any property that contains a building,
structure or natural feature that has been designated as an archaeological
or historic resource by a local, county, state or federal governmental
board or agency.
[Added 8-16-2017 by L.L.
No. 4-2017; amended 8-15-2018 by L.L. No. 7-2018]
The standards for an assisted living residence shall be as follows:
A.
Within the ALR, certain related ancillary facilities may be permitted,
either in a separate building or in combination with dwelling units,
such as dining facilities, meeting rooms, multipurpose rooms, lounges,
game rooms, workshops, medical infirmaries, health and exercise facilities,
convenience retail facilities, automated banking facilities, personal
care facilities etc., only to the extent that they meet the needs
of the occupants of the ALR and their guests. Such facilities shall
be subordinate to the residential character of the development with
no outside advertising. Such facilities shall be expressly approved
by the Village Board, which may limit hours of operation, percent
of floor area, or other elements. The applicant shall submit a floor
plan of each building for review, and the Board having jurisdiction
over the special permit application shall review the overall internal
layout and allocation of space for support activities.
B.
The gross density of the site shall be determined by the board having
jurisdiction over the special permit application, in order to preserve
maximum flexibility for sound planning and environmental considerations.
However, in no event shall the gross density of the site exceed 20
units per acre. For purposes of determining density pursuant to this
section:
(1)
Each two beds in the ALR shall be equivalent to a unit regardless
of whether they are in the same room or separate rooms; and
(2)
The "site" shall be either:
(a)
The individual tax lot on which the ALR is located; or
(b)
If the ALR is located on a tax lot having more than the ALR
use, the area identified by the Village Board as being the area used
by the ALR, which area shall include the building containing the ALR
together with all parking areas, driveways, sidewalks, open space
and recreation areas associated with the ALR.
C.
The minimum distance between a building used as an ALR and any other
building shall be 30 feet, or a distance equal to the height of the
taller of the two buildings measured on opposing faces, whichever
is greater.
D.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to such items as handrails and ramps. Such facilities shall
be adequately lighted, and said lighting shall not be directed on
adjacent streets or properties.
E.
The board having jurisdiction over the special permit application
shall determine the parking requirements for the ALR, based on the
requirements for parking spaces set forth in the Table of Use Requirements.[1] This shall represent the minimum number of parking spaces
which shall be provided. Notwithstanding, the Planning Board has the
authority to modify the required minimum off-street parking spaces,
by up to 50% upon demonstration by the applicant that that number
exceeds the peak-hour requirement and further provided that an area
be shown on the site development plan for reserve spaces to be installed
in the future should the need for the spaces arise.
[1]
Editor's Note: The table is included as an attachment to this chapter.
F.
No ALR may have a total or more than a combination of 200 beds.
G.
An ALR shall obtain a license from any state agency authorized to
license such facility.
H.
The Board having jurisdiction over the special permit application,
at its discretion, may allow up to 10 feet of additional height in
nonresidential zoning districts where such additional height may not
be used for habitable space, and where it is required for the sole
purpose of accommodating gabled, hip or gambrel roofs, and where doing
so results in a more attractive structure that does not detract from
the character of the neighborhood.
[Added 11-13-2019 by L.L. No. 5-2019]
A.
Signs shall not be permitted for a personal horticulture use.
B.
The use shall not involve, except as otherwise permitted in residence
districts, the parking, storage or standing of any commercial vehicles
or construction equipment or the outdoor storage of materials. Materials
and equipment may be stored on site in a shed not greater than 400
square feet in area.
C.
No fertilizers, pesticides, rodenticides, herbicides, fungicides
or other chemical treatments may be employed that require a license
to apply, handle or purchase. Only widely available consumer products
may be used in accordance with their label instructions.
D.
When requested by the Planning Board, a plan of the personal horticultural
activity shall be provided, together with the application for special
permit. The Planning Board may require that the drawing be certified
by a landscape architect.
E.
The amount of disturbance of natural vegetation for the proposed personal horticulture activity shall not exceed the limits of § 195-37E(1)(c), Aquifer and wellhead protection standards, if applicable.
F.
No personal horticulture activity shall be conducted within any Environmental
Protection Overlay Districts.
G.
No tree removals shall be permitted in any required side, front or rear yard for a personal horticulture activity, other than to provide a single driveway access to the personal horticulture site from the frontage street. Any proposed tree removals for driveway access or located outside of required yards shall follow the procedures and standards of Chapter 176, Tree Preservation and Landscape Maintenance, of this Code.
H.
No persons other than the owner or tenant, or their family members
and guests, may engage in the personal horticulture activity.
I.
Sales of horticultural products from on or off site shall be prohibited.
J.
No outside lighting shall be permitted.
K.
Horticultural activities shall only be conducted during daylight
hours. The hours of operation shall be disclosed to the Planning Board
as a part of the application and shall be a condition of the special
permit.
L.
One parking space on site, located outside of any required yards,
shall be required for the personal horticultural use.
[Added 2-19-2020 by L.L. No. 1-2020]
A.
In the LO-C District, a fifty-foot-wide landscaped buffer shall be
maintained along the frontage of Montebello Road and North Airmont
Road. Existing mature wooded growth shall be maintained and shall
be supplemented with additional plantings to provide visual screening
of the development, if necessary. The buffer area shall not be used
for aboveground stormwater management features, buildings, parking
areas, travel ways or parking aisles or maneuvering spaces. The buffer
may only be crossed by access drives connecting the interior of the
site to frontage roads.
B.
Parking areas may be provided within an aboveground or underground
parking structure or in surface parking lots. If surface lots are
utilized, such lots shall be screened from view of major roads. The
incorporation of stone walls in landscaping is encouraged to meet
this standard.
D.
Any property with access to both Montebello Road and Executive Boulevard
shall provide its primary vehicular and pedestrian access to Executive
Boulevard, with secondary access to Montebello Road. Nonconforming
accesses in existence on such properties, as of the effective date
of this section, may continue, until such time as uses on such properties
change or substantially increase in intensity.
E.
Existing stone walls along Montebello Road and Airmont Road shall
be preserved, refurbished and maintained as necessary as part of any
project subject to a special permit.
F.
Noise. Given proximity to many types of residential uses, for any
special permit proposed in these districts, the Planning Board may
prohibit overall operations, outdoor loading or any other outdoor
operations which may generate noise and create a nuisance.
G.
In any structure with multiple uses, the entire building shall be
built to the highest fire and life safety standards found in the New
York State Uniform Fire Prevention and Building Code for any of the
uses proposed.
H.
Traffic. As part of any special permit application for an action
proposed in these districts classified under SEQRA as Type 1 or Unlisted,
the applicant shall be required to submit a traffic impact study.
The Planning Board shall set the scope of the study appropriately,
according to the size and intensity of the proposed use.
[Added 11-13-2019 by L.L. No. 7-2019]
A.
In the PI and PI-C Districts, a fifty-foot landscaped buffer shall
be maintained along the ROW of the New York Thruway, to soften views
of the buildings and parking areas from the highway travel lanes.
B.
In the PI and PI-C District, a 250-foot-wide landscaped buffer shall
be maintained along the frontage of Hemion Road to provide a visual
screen. As this portion of Hemion Road is within the Historic and
Scenic Roads Overlay District, any construction, clearing or landscaping
changes would be subject to review by the Historic Preservation and
Parks Commission. Existing mature wooded growth shall be maintained,
and shall be supplemented with additional plantings to provide visual
screening of the development, if necessary. This required buffer area
along Hemion Road shall not be used for aboveground stormwater management
features, buildings, parking areas, travel ways or parking aisles
or maneuvering spaces. The buffer may only be crossed by access drives
connecting the interior of the sites to Hemion Road. Stone walls may
also be installed within the buffer, with review and approval of the
HPPC.
[Added 11-13-2019 by L.L. No. 8-2019]
A.
Purpose. The Village finds that Montebello Park is a distinct visual
landmark in Montebello and is a structure important to the history
of the community. Demolition of the mansion or alterations made to
the building that are incompatible with the architecture or historic
character would constitute a significant impact to the Montebello
community. As expressed in the goals, objectives and policies of the
Village of Montebello Comprehensive Plan, the Village desires to retain
the mansion and views of the structure to the maximum extent. The
Estate Preservation District will allow use of the property for single-family
attached and multifamily dwellings, provided the existing views of
the mansion and the mansion structure are preserved.
B.
Applications for the approval of uses are subject to site plan and/or
subdivision plat approval by the Planning Board. Development within
the EP District shall also be subject to ARB review and approval.
C.
Design standards. The following design standards shall apply:
(1)
Montebello Park shall be designated an historic local landmark
as a condition of Planning Board approval, allowing development of
estate preservation residential development.
(2)
Proposed housing units shall be occupied by adults only, one
of whom must be 55 years of age or older, and none of whom may be
less than 45 years of age. Appropriate conditions shall be established
to maintain said occupancy requirements.
(4)
Lot area exclusive of the minimum lot area required for the
mansion shall be available for the development of carriage-style residential
housing. No more than 24 dwellings shall be permitted.
(5)
A minimum seventy-five-foot vegetative buffer around the perimeter
of the district shall be retained to screen views of future residential
development from existing adjoining residences.
(6)
A minimum seventy-five-foot vegetative buffer measured from
the edge of pavement along the main driveway leading to Montebello
Park shall be retained to screen views of future residential development
from the mansion.
(7)
Two development areas shall be permitted, one on each side of
the driveway.
(8)
No more than four dwellings per building shall be permitted.
Buildings shall be designed in a carriage-style residential structure.
Garagescapes shall be minimized through appropriate architectural
design and placement in the structure. Buildings shall be separated
a minimum distance equal to the height of the building.
(9)
Use Group "P" shall apply.
(10)
Viewshed analysis. As part of any application for estate preservation
residential development, the applicant shall demonstrate that the
buildings shall be clustered and situated on the site so as not to
adversely impact the scenic views of the mansion being protected.
The ARB may require the preservation or construction of stone walls
or fences, or installation of landscaping, or incorporate other features
so as to screen views of the clustered development.
(11)
Architectural style. Design plans for new construction shall
be submitted and approved by the ARB in order to assure that the new
structures complement but do not mimic the architecture of the mansion.
New construction shall incorporate architectural details, including
fenestration and materials, of the mansion into the design of the
new development to achieve a design relationship between the old and
new.
(12)
The Village Board shall approve the formation of a homeowners'
association or a condominium form of ownership to manage common areas.
The form of ownership affects the following lots as appearing on the
Tax Map of the Town of Ramapo: 48.18-3-1 through 48:18-3-20 and 48.18-3-22.
(13)
Residential uses shall not be permitted in the Montebello Park
Ryan Mansion interior.
