[Amended 12-11-1995 by L.L. No. 6-1995]
The Planning Board shall have the power, pursuant
to § 7-725-b of the Village Law, after public notice and
hearing, to grant special use permits for the uses specified within
this article. Any use designated in a given district as requiring
a special use permit shall be deemed to be a permitted use in such
district, subject to satisfaction of the conditions and standards
set forth in this article in addition to all other requirements of
this chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
A.
Site plan review required. Any land use requiring a special use permit shall also require site plan review as provided in Article VI of this chapter.
B.
Application to the Planning Board. Application for a special use permit shall be made in writing to the Planning Board. The application to the Planning Board for a special use permit shall also be accompanied by a site plan application containing all information and plans as required in Article VI of this chapter.
C.
Additional information. In addition to the specific requirements of this article and Article VI, the application to the Planning Board for a special permit use shall show any other information that the Planning Board may require as it deems necessary to act on the application for a special permit use.
The Planning Board shall fix a time for a public
hearing within 62 days from the day a complete application for a special
permit is made. Public notice shall be given by publication in the
official newspaper of the Village of such hearing at least 10 days
before the date of such hearing. A notice of such hearing shall also
be transmitted to the applicant.
A.
Time for decision. Within 62 days of said hearing,
the Planning Board shall approve, approve with modifications or disapprove
the special permit application. The time within which the Planning
Board must render its decision may be extended by mutual consent of
the Planning Board and the applicant.
B.
Filing of decision and notice. The decision of the
Planning Board on the appeal shall be filed in the office of the Village
Clerk within five business days after the day such decision is rendered
and a copy thereof mailed to the applicant. No building permit shall
be issued for a special permit use until the conditions required by
the Planning Board have been met.
C.
Grant of site plan approval with special permit. The
Planning Board is empowered but not required to grant a special use
permit and preliminary and final site plan approval with respect thereto
simultaneously.
A special permit shall be deemed to authorize
only the particular special use or uses permitted in any district
and shall expire if:
A.
Construction and commencement. Construction has not
been commenced within one year and has not been completed within two
years of the date of final special permit approval; if no construction
is involved, the use has not been commenced within one year of the
date of final special permit approval.
B.
Cessation. The special use or uses shall cease for
more than 12 months for any reason.
The Planning Board shall approve an application
for a special permit, subject to such reasonable conditions and restrictions
as are directly related to and incidental to the proposed special
permit use, if it finds that the following conditions have been met:
A.
Compatibility with district. That the location and
size of the use, the nature and intensity of the operations involved
in or conducted in connection with such use, the size of the site
in relation to the use, the assembly of persons in connection with
the use and the location of the site with respect to streets giving
access to the site are such that the use will be in harmony with the
appropriate and orderly development of the district in which the use
is proposed to be located.
B.
Compatibility with Comprehensive Plan. That the proposed
use will be compatible with the goals and objectives of the Comprehensive
Plan.
C.
Services. That all proposed structures, equipment
or material will be readily accessible for fire and police protection.
D.
Adjacent properties. That the location, nature and
height of buildings, the location, nature and height of walls and
fences and the nature and extent of landscaping on the site shall
will such that the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings.
E.
Nuisance. That operations in connection with the use
will not be offensive, dangerous or destructive of basic environmental
characteristics or detrimental to the public interest of the Village
and not be more objectionable to nearby properties by reason of noise,
fumes, vibration, flashing of or glare from lights and similar nuisance
conditions than would be the operation of any permitted use not requiring
a special permit.
F.
Neighborhood character and property values. That neighborhood
character and surrounding property values shall be reasonably safeguarded.
G.
Traffic. That the use will not cause undue traffic
congestion or create a traffic hazard.
H.
Parking. That parking areas will be of adequate size
for the particular use, property located and suitably screened from
adjoining residential uses and the entrance and exit drives shall
be laid out so as to achieve maximum safety.
I.
That the use conforms in all respects to all the regulations
of this chapter and particularly to the specific supplementary regulations
that may apply to such use.
[Amended 6-9-1997 by L.L. No. 2-1997]
A.
Additional conditions. The Planning Board shall require
such additional conditions and safeguards to the special use permit
as may be necessary to assure continual conformance to all applicable
standards and requirements.
B.
Revocation. In all instances, a special use permit
may be revoked by the Planning Board after public hearing, if it is
found and determined that there has been a substantial failure to
comply with any of the terms, conditions, limitations and requirements
imposed by the special use permit.
C.
Waiver of requirements. Upon a finding by the Planning
Board that, due to special conditions peculiar to a site, certain
of the dimensional or other specific standards normally required for
a special use permit are inappropriate or unnecessary or that strict
compliance with said requirements may cause extraordinary and unnecessary
hardships, the Board may waive such requirements wherever, in the
opinion of the Board, such waiver will not be detrimental to the public
health, safety or general welfare or have the effect of nullifying
the intent and purpose of the special permit provisions or this chapter,
provided that the Planning Board shall not waive any numerical standard
by more than 10%.
[Amended 2-14-2000 by L.L. No. 1-2000]
D.
Permit renewal. At the Planning Board's discretion,
a special permit may be subject to renewal.
[Added 7-12-2004 by L.L. No. 3-2004]
The Planning Board shall comply with the provisions
of Article 12-B, §§ 239-l and 239-m of the General
Municipal Law, as amended and refer to the Westchester County Department
of Planning such special permit applications which are within its
jurisdiction.
[Amended 6-9-1997 by L.L. No. 2-1997]
A.
Wireless telecommunications facilities.
[Amended 2-9-2004 by L.L. No. 1-2004]
(1)
ACCESSORY STRUCTURE
ANTENNA
COLLOCATION
COMMERCIALLY IMPRACTICABLE
FCC
MODIFICATION
NIER
SATELLITE EARTH STATION
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATION SERVICES
WIRELESS TELECOMMUNICATIONS TOWER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Any accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
Any system of electrical conductors that transmits or receives
electromagnetic waves or radio frequency or other wireless signals.
The use of a structure to support antenna(s) for the provision
of wireless services without increasing the height of the structure.
The inability to perform an act on terms that are reasonable
in commerce. The inability to achieve a satisfactory financial return
on investment or profit, standing alone, shall not be deemed to be
a situation that is “commercially impracticable” and shall
not render an act or the terms of an agreement “commercially
impracticable”.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
The addition, removal or change of any of the physical and
visually discernable components or aspects of a wireless telecommunications
facility, such as antennas, cabling, radios, equipment shelters, landscaping,
fencing, utility feeds; changing the color or materials of any visually
discernable components; and/or an upgrade or replacement of equipment
for better or more modern equipment. Adding a new wireless carrier
or service provider to a telecommunications site is a modification.
A modification shall not include the replacement of any components
of a wireless telecommunications facility where the replacement is
identical to the component being replaced or the normal repair and
maintenance of a wireless telecommunications facility.
Nonionizing electromagnetic radiation.
A wireless telecommunications facility that consists of a
dish antenna or equivalent device the exclusive purpose of which is
to receive communication or their signals from orbiting satellites
or other extraterrestrial sources or earth sources intended to carry
signals into the interior of a building.
The minimization of adverse aesthetic and visual impacts
on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location
of a wireless telecommunications facility, which shall mean using
the least visually and physically intrusive facility that is not technologically,
structurally or commercially impracticable under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, or other electronic
or electromagnetic systems.
Any equipment used in connection with the provision of wireless
telecommunications services to transmit and/or receive frequencies,
including but not limited to antennas, accessory telecommunications
equipment and supporting masts.
Wireless telecommunications services, including but not limited
to those commonly referred to as commercial mobile services, unlicensed
wireless services, common carrier wireless exchange access services,
cellular telephone service and personal wireless services.
Any freestanding tower on which a wireless telecommunications
facility is located in connection with the provision of wireless telecommunications
services.
(2)
Purpose. The purpose of these special permit provisions
shall be to allow wireless telecommunications facilities within residential
and business districts, according to certain safeguards and conditions.
The intent of these provisions is to minimize the negative impact
of wireless telecommunications facilities, establish a fair and efficient
process for review and approval of applications, assure an integrated;
comprehensive review of environmental impacts of such facilities,
and protect the health, safety and welfare of the residents of the
Village.
(3)
Application of this subsection.
(a)
Any wireless telecommunications facility to
be installed, constructed or erected in any zoning district, and any
modification thereof, shall require a special permit, other than such
facilities to be exclusively used:
[1]
For or by the Village's Fire or Police Departments;
[2]
For private, noncommercial radio and television
reception;
[3]
For private citizen bands, amateur radio, and
other similar noncommercial telecommunications; or
[4]
For wireless networking, including equipment
generally referred to as wireless fidelity.
(4)
Zoning districts. Wireless telecommunications facilities
may be allowed in any residential or business zoning district.
(5)
Specific standards applicable to wireless telecommunications
facilities other than satellite earth stations.
(a)
Application:
[1]
An application for a special permit for a wireless
telecommunications facility shall be signed on behalf of the applicant
by the person preparing the same and with knowledge of the contents
and representations made therein and attesting to the truth and completeness
of the information.
[2]
Applications not meeting the requirements stated
herein, or which are otherwise incomplete, may be rejected by the
Village.
[3]
The application shall include a statement in
writing:
[a]
That the applicant's proposed wireless
telecommunications facility shall be maintained in a safe manner and
in compliance with all conditions of the special permit, without exception,
unless specifically granted relief by the Village in writing, as well
as all applicable and permissible local codes, laws and regulations,
including any and all applicable Village, state and federal laws,
rules and regulations; and
[b]
That the construction of the wireless
telecommunications facility is legally permissible, including but
not limited to the fact that the applicant is authorized to do business
in the state.
[4]
If the applicant is not the owner of the property
on which the wireless telecommunications facility is proposed to be
located, a copy of the signed lease or other agreement pursuant to
which the applicant is entitled to utilize such property for such
facility, which may have proprietary business terms redacted.
[5]
All applications for the construction or installation
of new wireless telecommunications facilities shall include the following
information:
[a]
Documentation that demonstrates
the need for the wireless telecommunications facility to provide service
primarily and essentially within the Village, unless the applicant
demonstrates that more extensive service is required under applicable
law to fill a service gap. Such documentation shall include propagation
studies of the proposed site and all adjoining planned, proposed,
in-service or existing sites;
[b]
The name, address and telephone
number of the person preparing the report;
[c]
The name, address and telephone
number of the property owner, operator and applicant;
[d]
The postal address and tax map
parcel number of the property;
[e]
The zoning district or designation
in which the property is situated;
[f]
The location, size and height of
all proposed and existing antenna(s) and all appurtenant structures;
[g]
The type, location, and dimensions
of all proposed and existing landscaping and fencing;
[h]
The number, type and design of
the antenna(s) proposed and the basis for the calculations of the
facility's capacity to accommodate multiple users;
[i]
The make, model and manufacturer
of the antenna(s);
[j]
A description of the proposed antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above preexisting grade, materials, color and lighting;
[k]
The frequency, modulation and class
of service of radio or other transmitting equipment;
[l]
The actual intended transmission
and the maximum effective radiated power of the antenna(s);
[m]
Direction of the maximum lobes
and associated radiation of the antenna(s);
[n]
Certification bearing the signature
and seal of a professional engineer licensed in the State of New York
that the NIER levels at the proposed site are within the threshold
levels adopted by the FCC;
[o]
Certification bearing the signature
and seal of a professional engineer licensed in the State of New York
that the proposed antenna(s) will not cause interference with existing
communication devices; and
[p]
A copy of the FCC license applicable
for the intended use of the wireless telecommunications facility.
[6]
The applicant shall certify that the wireless
telecommunications facility, foundation and attachments are designed
and will be constructed to meet all local, Village, state, and federal
structural requirements for loads, including wind and ice loads.
[7]
The applicant shall certify that the wireless
telecommunications facility will be effectively grounded and bonded
so as to protect persons and property and installed with appropriate
surge protectors.
[8]
An applicant may be required to submit an environmental
assessment analysis and a visual addendum. Based on the results of
the analysis, including the visual addendum, the Village may require
submission of a more detailed visual analysis. The scope of the required
environmental and visual assessment will be reviewed at the preapplication
meeting.
[9]
The applicant shall demonstrate that the facility
will be minimally visually intrusive and minimally disruptive to existing
vegetation. The facility and its associated structures shall use,
to the extent practicable, building materials, colors, and textures
designed to blend with the structure to which it is affixed or, if
not affixed, to harmonize with the natural surroundings. The applicant
shall be required to submit a visual impact assessment. The visual
impact assessment shall include the following:
[a]
A zone-of-visibility map indicating
locations from which the facility may be seen;
[b]
Graphic representations of before
and after views from key vantage points, both inside and outside Village
boundaries, as may be appropriate. The Planning Board may instruct
the applicant regarding appropriate key sites;
[c]
An assessment of the visual impact
of the facility's base, guy wires, and accessory structures from abutting
and adjacent properties and streets;
[d]
A screening plan where necessary
and appropriate;
[e]
Examples of the paint or other
finish to be used on the facility;
[f]
Examples of proposed signage, if
any. Such signage shall be subject to the provisions of this chapter;
[g]
Examples of proposed lighting.
Such lighting shall be subject to the provisions of this chapter and
shall be unobtrusive and shall not spill onto adjacent properties;
[h]
A plan for the use of stealth or
concealment technology; and
[i]
Other information or documentation
as deemed necessary by the Planning Board.
(b)
Any and all representations made by the applicant
to the Village on the record during the application process, whether
written or verbal, shall be deemed part of the application and may
be relied upon in good faith by the Village.
(c)
Location.
[1]
Wireless telecommunications facilities shall
be located only on existing buildings. Such facilities shall be located,
sited and erected in accordance with the following priorities, unless
technologically, structurally or commercially impracticable, [a] being
the highest priority and [d] being the lowest priority:
[2]
If the proposed site is not located within the
highest priority listed above, then the applicant must demonstrate
that a site of a higher priority is technologically, structurally,
or commercially impracticable.
[3]
Wireless telecommunications facilities shall
be located at a height no greater than required to accomplish the
purpose they are proposed to serve; provided, however, that in no
event shall the height of such facilities exceed by more than 10 feet
the highest point of the building on which they are located.
[4]
New wireless telecommunications facilities shall
be collocated on existing telecommunications facilities within the
applicable priority district unless technologically, structurally,
or commercially impracticable. In no event shall a wireless telecommunications
facility be located on a wireless telecommunications tower.
(d)
Accessory structure. No accessory structure
shall be permitted other than equipment facility housing equipment
which is required to be located at the site of the wireless telecommunications
facility in order to operate such a facility. All accessory structures
shall be located so as to comply with the applicable setback requirements
for the property on which they are located.
(e)
Security. The applicant shall demonstrate that
the proposed facility will be located, fenced, alarmed, or otherwise
secured against unauthorized access.
(f)
Utilities. All utilities at wireless telecommunications
facilities sites shall be installed underground and in compliance
with all applicable law, including specifically, but not limited to,
the National Electrical Safety Code and the National Electrical Code,
where appropriate.
(g)
Preapplication meeting. There shall be a preapplication meeting in accordance with § 310-26B of this chapter, regardless of the cost of the development.
(h)
Lighting. Wireless telecommunications facilities
shall not be artificially lighted or marked, except as required by
law. If lighting is required, the applicant shall provide a detailed
plan for sufficient lighting, which shall be as unobtrusive and inoffensive
as is permissible under such law.
(i)
Signs. Wireless telecommunications facilities
shall contain a sign no larger than four square feet in order to provide
adequate notification to persons in the immediate area of the presence
of an antenna that has transmission capabilities and it shall contain
the name(s) of the owner(s) and operator(s) of the antenna(s) as well
as emergency phone number(s). The sign shall be on the equipment shelter
or cabinet of the applicant and be visible from the access point of
the site. No other signage, including advertising, shall be permitted.
(j)
Annual NIER certification. The holder of the
special permit shall, annually, certify to the Village that NIER levels
at the site are within the threshold levels adopted by the FCC.
(k)
Recertification.
[1]
During the 12 months prior to each five-year
anniversary of the effective date of the special permit, the holder
of the special permit shall submit a written application for recertification
of the special permit.
[2]
Subject to the provisions of [4] below, the
Planning Board shall issue a recertification of the special permit
if it finds that the holder of the special permit is in compliance
with the terms of the special permit, the requirements of this subsection
and the requirements of applicable state and federal law. If the recertification
process is not complete by such anniversary date, the special permit
may be extended for no more than six months. In the event of disapproval
of the recertification application, the wireless telecommunications
facility shall not be used after the date that the applicant receives
written notice of disapproval.
[3]
Unless recertified, each special permit and
any authorizations granted thereunder shall terminate as of the last
day of the then current term.
[4]
Notwithstanding the foregoing, in connection
with each recertification, the Planning Board shall consider changes
to wireless technology since the date of issuance or last recertification,
as applicable, of the special permit and determine whether the special
permit should be modified or terminated as a result of such change.
(l)
Default and/or revocation. If a wireless telecommunications facility is not in compliance with this chapter or with its special permit, the Planning Board may revoke the special permit in accordance with § 310-40B of this chapter.
(m)
Removal. If a special permit for a wireless
telecommunications facility shall expire, terminate or be revoked,
or if a wireless telecommunications facility is not operated for the
provision of wireless telecommunications services for a continuous
period of 12 months or more, the holder of the special permit and
the owner of the property on which such facility is located shall
jointly and severally be obligated to dismantle and remove such facility
and all associated structures and facilities from the site and restore
the site to as close to its original condition as is possible, within
90 days of receipt of written notice from the Planning Board, or within
such shorter time as determined by the Planning Board if the violation
causes, creates or presents an imminent danger or threat to the residents
of the Village. If the facility is not removed within 90 days after
the permit holder and the property owner have received a removal notice
(or such shorter time as the Planning Board may determine), then the
Village may order officials or representatives of the Village to remove
and dispose of the facility at the sole expense of the special permit
holder and such property owner.
(n)
Compliance. The special permit holder shall
obtain and maintain at all times all required federal and state permits
and licenses regarding the wireless telecommunications facility and
shall comply with all other relevant state and federal requirements
regarding such facility.
(o)
Application fee. A nonrefundable fee shall be
payable with each application for a new wireless telecommunications
facility and with each application for a modification in such amount
as shall be set by the Board of Trustees.
(p)
Retention of experts.
[1]
Pursuant to the Professional Consultation Fees Law, Chapter 310, Article X of the Village Code, the Planning Board may hire any consultant and/or expert necessary to assist the Planning Board in reviewing and evaluation any application for the construction of a new or modification of an existing wireless telecommunications facility or the recertification of the special permit for any such facility. The applicant and Board shall comply with all provisions and procedures established under the Professional Consultation Fees Law.
[Amended 5-14-2007 by L.L. No. 3-2007]
[2]
Each applicant shall deposit with the Village
funds sufficient to reimburse the Village for all reasonable costs
of consultants and/or experts retained by the Planning Board in connection
with the review of any application for the construction of a new or
modification of an existing wireless telecommunications facility or
the recertification of the special permit for any such facility. The
initial deposit shall be $5,000. Any such consultants/experts shall
invoice the Village for services in reviewing the application, including
the construction and modification of the site, once permitted. If
at any time during the process the remaining balance of the deposit
shall be less than $1,500, the applicant shall immediately, upon notification
by the Planning Board, replenish said deposit so that it has a balance
of at least $2,500. Such additional funds shall be deposited with
the Village before any further action or consideration is taken on
the application. In the event that the deposit amount held by the
Village is more than the amount of the actual invoicing at the conclusion
of the project, the remaining balance shall be promptly refunded to
the applicant.
[3]
The total amount of the funds needed as set forth in Subsection A(5)(p)[2] of this section may vary with the scope and complexity of the project, the completeness of the application and the completeness of such submissions of other information as may be required by the Planning Board.
(q)
Bond. Prior to the commencement of construction,
the applicant shall submit a bond acceptable in form to the Village
Attorney and in an amount determined by the Planning Board to be sufficient
to ensure the safe and timely removal of the wireless telecommunications
facility in accordance with the provisions of this subsection, which
such bond shall be renewed by the applicant annually thereafter.
(r)
Liability insurance.
[1]
A holder of a special permit for a wireless
telecommunications facility shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, for the duration of the special
permit in amounts as set forth below:
[2]
The commercial general liability insurance policy
shall specifically include the Village and its officers, boards, employees,
committee members, attorneys, agents and consultants as additional
named insureds.
[3]
The insurance policies shall be issued by an
insurance company licensed to do business in the State of New York
and with a Best's rating of at least A.
[4]
The insurance policies shall contain an endorsement
obligating the insurance company to furnish the Village with at least
30 days' prior written notice in advance of the cancellation of the
insurance.
[5]
Renewal or replacement policies or certificates
shall be delivered to the Village at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
[6]
Before construction of a permitted wireless
telecommunications facility is initiated, but in no case later than
15 days after the grant of the special permit, the holder of the special
permit shall deliver to the Village a copy of each of the policies
or certificates representing the insurance in the required amounts.
(s)
Indemnification. Any application for a wireless
telecommunications facility that is proposed for Village property
shall contain a provision with respect to indemnification. Such provision
shall require the applicant, to the extent permitted by applicable
law, to at all times defend, indemnify, protect, save, hold harmless,
and exempt the Village, its officers, boards, employees, committee
members, attorneys, agents and consultants from any and all penalties,
damages, costs, or charges arising out of any and all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, products performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility; excepting, however, any portion of such claims,
suits, demands, causes of action or award of damages as may be attributable
to the grossly negligent or intentional acts or omissions of the Village
or its servants or agents. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fee, consultants'
fees, and expert witness fees are included in those costs that are
recoverable by the Village.
(t)
Determination. The Planning Board shall grant
a special permit for a wireless telecommunications facility pursuant
to this subsection only upon finding that:
[1]
The applicant is duly authorized to provide
wireless telecommunication services by the FCC and is required thereby
to provide such services in the area in which the Village is located;
[2]
The proposed facility is necessary to meet the
current or expected demands for the wireless telecommunications services
provided by the application;
[3]
The proposed facility is necessary to provide
services to locations which cannot be served with existing wireless
telecommunications facilities within and outside of the Village or
from less obtrusive locations within or outside of the Village;
[4]
The proposed facility conforms with applicable
regulations promulgated by the FCC;
[5]
The proposed facility is so sited as to minimize
its visibility from surrounding public streets and adjacent properties;
[6]
The proposed facility is the least obtrusive
type of wireless telecommunications facility technologically capable
of meeting the current or expected demands for the wireless telecommunications
services provided by the applicant;
[7]
The design and finish of the proposed facility
minimize its visual impact;
[8]
The proposed facility is designed and will be
constructed, maintained and operated in a manner that ensures the
security of the facility; and
[9]
The proposed facility will otherwise comply
with the standards set forth in this subsection.
(6)
Specific standards applicable to satellite earth stations.
(a)
In the Six-Story Multiple Residence D District,
Central Business A District, Service Business B District and CD Districts
and on all hospitals and educational institutional buildings within
residence districts, satellite earth stations may be erected only
on or on top of a building. The height of the station not to exceed
six feet and shall be set back a minimum of 15 feet from the front,
side and back wall of a roof line. Such stations shall serve only
tenants and/or occupants of the building.
(b)
Where more than one building is located on a
property, such as an apartment complex, there shall not be more than
one satellite earth station permitted on each building.
(c)
In the One-Family Residence AAA, AA and A Districts,
Two-Story Multiple Residence B District and Three-Story Multiple Residence
C District, satellite earth stations to be erected on the roof of
a building shall not exceed one meter in diameter or six feet in height
and shall be mounted in such a manner as to be screened from the street
and adjacent properties and not to extend above the chimney.
(d)
Only noncommercial receiving satellite earth
stations for home use may be freestanding stations erected on the
ground. Such satellite earth stations shall be restricted to a location
in a rear yard or, if less than or equal to 18 inches in diameter,
in a rear or side yard. The height of such satellite earth stations
shall not exceed 12 feet (measured from the highest part of the antenna
to ground level). Such satellite earth station shall not be located
any nearer to any property line than that permitted for a principal
building for the district and lot in which it is located.
B.
Health Professional Offices occupying street-level space on Pondfield
Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue or occupying
street-level space on Palmer Avenue between Parkway Road and Paxton
Avenue.
[Amended 7-12-2004 by L.L. No. 3-2004; 9-14-2015 by L.L. No. 7-2015; 9-11-2017 by L.L. No. 2-2017]
(1)
HEALTH PROFESSIONAL OFFICE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any business office of a health professional, as defined in § 310-3 of this chapter.
(2)
Health professional offices shall have one parking space per 300
square feet for the first 600 square feet of gross floor area and
one parking space per 150 square feet of gross floor area above 600
square feet.
(3)
The street-level facade of the proposed use shall have at least 50%
of its area in clear, unobstructed glass window.
(4)
If such use is located within 250 feet of the boundary of a district
zoned for residence, including AAA, AA, A, B, C, and D Residence Districts,
such establishment may not be operated between the hours of 12:00
midnight and 7:00 a.m.
C.
Automotive-related uses.
[Amended 7-12-2004 by L.L. No. 3-2004]
(1)
AUTOMOTIVE-RELATED USE
Definitions. As used in this subsection, the following
term shall have the meaning indicated:
Includes any business related to gasoline filling for vehicles,
auto repair and service, hand washing and detailing of vehicles and
garages for vehicle maintenance.
(2)
Purpose. The purpose of this special permit is to
allow automotive-related uses in the Service Business B District in
order to serve the needs of the Village.
(3)
Specific standards for automotive-related uses.
(a)
Lot size. No automotive-related use shall be
located on a lot of less than 10,000 square feet.
(b)
Lot frontage. No automotive-related use shall
be located on a lot with a frontage of less than 100 feet.
(c)
Floor area. The sum of the floor area of buildings
and structures shall not exceed 50% of the gross lot area.
(d)
Height. The height of all structures shall not
exceed 20 feet or one story.
(e)
All automobile repair work and storage of automobile
parts shall be enclosed within a building.
(f)
Fuel storage. All gasoline and other motor vehicle
fuels shall be stored underground in conformance with State and County
environmental and building code regulations.
(g)
Fuel pump location. No fuel pumps shall be located
within 20 feet of any street line or within 25 feet of any property
line other than a street line. There shall be a minimum distance of
25 feet between pump islands and a minimum distance of 15 feet between
pump islands and buildings on the site.
(h)
Access. There shall be no more than one driveway
for every 50 feet of street frontage and at least 40 feet between
any two driveways. Driveways shall be not more than 30 feet and not
less than 20 feet in width at the curbline. Driveways shall be sufficiently
far from intersections so as not to impede sight distance.
(i)
Landscaping. A landscaped strip of not less
than five feet in width shall be provided along the side and rear
lot lines with vegetative screening sufficient to buffer the use and
minimize its impact on the surrounding area.
(j)
Lighting. Lighting shall be limited to the minimum necessary for traffic and safety purposes in accordance with the lighting regulations of § 310-24 of this chapter.
(k)
Canopies. Canopies will be designed so as not
to obstruct sight distance at intersections and to provide coverage
only as necessary for fire suppression and safety of customers. This
coverage shall not exceed the area immediately over gasoline pumps.
All canopies shall have a maximum thickness of four feet.
(l)
Mechanized car wash facilities shall not be
permitted.
(m)
No more than three cars may be stored on the
premises overnight.
(n)
Retail sales on the premises shall be limited
to incidental automotive products such as motor oil, washer fluid
or antifreeze. Any such retail sales shall be clearly subordinate
to the principal automotive use.
D.
Health clubs larger than 1,500 square feet and indoor
recreation facilities.
[Amended 7-9-2018 by L.L.
No. 8-2018]
(1)
(Reserved)
(2)
Purpose. The purpose of this special permit is to allow health clubs
over a certain size and indoor recreation facilities within the Central
Business A and Service Business B Districts.
(3)
Specific standards for health clubs over a certain
size and indoor recreation facilities.
(a)
The entrance to any health club larger than
1,500 square feet or indoor recreation facility shall be at least
250 feet from the nearest residence district boundary. The Planning
Board may waive this requirement if it determines that such a waiver
is appropriate given the particular circumstances of the proposed
use and its location.
(b)
All facilities, equipment and activities shall
be within completely enclosed and soundproofed structures. Acoustical
insulation shall be sufficient to minimize adverse effects on the
surrounding area.
(c)
There shall be a minimum of one parking space
per 150 square feet of gross floor area.
(d)
Areas for the service of food or beverages shall
be permitted on the premises, provided that the total area devoted
to concession and eating areas does not exceed 10% of the gross floor
area of the facility.
(e)
No more than two electronic amusement devices, as defined in Chapter 86 of the Village Code, shall be permitted on the premises. All electronic amusement devices shall have a minimum of 1,000 square feet of floor area per game. No electronic amusement devices shall operate between the hours of 12:00 midnight and 7:00 a.m.
(f)
Therapeutic services and facilities such as
sun tanning, baths, showers, steam rooms, flotation tanks or isolation
or meditation facilities shall only be permitted upon issuance of
and in conformity with all appropriate licensing and health regulations.
F.
Home occupations.
(1)
HOME OCCUPATION
NONRESIDENT EMPLOYEE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Any business enterprise or business activity conducted entirely
within a dwelling unit. The use must be clearly incidental and secondary
to the residential use of the dwelling unit.
Includes those persons engaged in the business enterprise
or business activity and shall not include domestic employees.
(2)
Purpose. The purpose of this special permit is to
allow home occupations within the residential districts of the Village
while safeguarding the character of the Village's residential neighborhoods.
(3)
Exemptions. Home occupations which have no nonresident employees, which have no regular visitors (with the exception of dancing, music or other instruction where groups of up to four pupils may be present at any one time) and which meet all of the criteria established in § 310-8A(4)(a) of this chapter, shall be allowed as-of-right and shall not require a special permit.
(4)
Special permit required. Home occupations which have
a nonresident employee and/or which have regular visitors shall require
a special permit pursuant to this section.
(5)
Specific standards for home occupations.
(a)
The home occupation shall meet all of the criteria established in § 310-8A(4)(a) of this chapter.
(b)
The home occupation shall have no more than
one nonresident employee.
(c)
The home occupation shall have no more than
one visitor at a time, with the exception of dancing, music or other
instruction where groups of up to four pupils may be present at any
one time.
(d)
The lot shall have space on site for parking
at least three cars.
G.
Manufacturing, assemblage, printing and cleaning.
(1)
MANUFACTURING, ASSEMBLAGE, PRINTING and CLEANING
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Includes laundries and the assembling, converting, altering,
finishing, cleaning, printing or any other processing of products
where goods so produced or processed are to be sold exclusively on
the premises.
(2)
Purpose. The purpose of this special permit is to
allow for the manufacturing, assemblage, printing and cleaning of
products within the Service Business B District.
(3)
Specific standards for manufacturing, assemblage,
printing and cleaning.
(a)
All activities shall take place within a fully
enclosed, soundproofed building.
(b)
Except in connection with clothes pressing,
electrical power not exceeding a total of 10 electric horsepower shall
be used exclusively, unless the Planning Board finds that the use
of an installation other than electric of not over 10 electric horsepower
will have no adverse effect on neighboring uses.
(c)
Not more than 10 persons may be engaged in such
production or processing.
I.
Hospitals in Central Business A Districts. Hospitals
or clinic facilities providing emergency care or services or ambulatory,
outpatient, consultation, clinic, educational or similar (hereinafter
"outpatient") care and services, and their customary accessory uses
and structures may be allowed in Central Business A Districts by special
permit to be issued by the Planning Board, provided that:
[Added 7-12-2004 by L.L. No. 3-2004]
(1)
Beds. A hospital shall provide no more than 85 beds
for each acre of total lot area on which said hospital is located.
(2)
Off-street parking requirements. The hospital will
provide paved off-street parking spaces on its lot (whether in a garage
or not) as required below:
(a)
A minimum of off-street parking spaces shall
be provided equal to one space per 2.5 average daily emergency visits
and one space per 2.5 average daily outpatient visits. A total of
73 spaces shall be deemed to be the minimum off-street parking spaces
required of Lawrence Hospital.
(b)
Any increase or decrease in such minimum required
spaces shall be provided in minimum increments of five measured by
the average number of daily visits during the previous calendar year.
(c)
These requirements may be modified by the Planning
Board under such conditions as it may impose where such modifications
and conditions are consistent with public health, safety, and general
welfare.
(3)
Floor area ratio. The floor area ratio of all buildings
on any lot occupied by a hospital and its customary accessory uses
shall not exceed 1.5. Floor area calculations shall include all basement
areas.
(4)
Height. A hospital's maximum height shall be 72 feet,
provided that:
(a)
The number of stories above grade at any point
along the periphery of such building does not exceed six;
(b)
For any such building exceeding 42 feet in height,
the walls of which made an angle of less than 45° with a street
line, shall be distant from such street line an average distance of
19 feet and no part of such building shall be nearer than six feet
to a street line;
(c)
Chimneys, flues, towers, bulkheads, spires,
and other decorative features shall be exempt from the height provisions
of this subsection, provided that they do not occupy more than 20%
of the roof area of the building of which they are a part.
J.
Banks or financial offices occupying street-level space on Pondfield
Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue or on
Palmer Avenue between Parkway Road and Paxton Avenue.
[Added 7-12-2004 by L.L.
No. 3-2004; amended 9-11-2017 by L.L. No. 2-2017]
(1)
A bank or financial office may occupy street level, provided that
the street-level facade of the proposed use has at least 50% of its
area in clear, unobstructed glass window and there is a minimum distance,
measured from the closest point of each establishment to the other,
of 150 feet between the proposed bank or financial office and any
existing street-level bank or financial office on the same side of
the street. The measurement shall be continued on the same side of
the street around any street corner within the one-hundred-fifty-foot
distance; provided, however, that the Planning Board may waive this
requirement if it determines that such a waiver is appropriate given
the particular circumstances of the proposed use and its location.
[Amended 1-8-2018 by L.L.
No. 2-2018]
(2)
Bank or financial office off-street parking requirement: eight spaces,
together with four additional spaces for each teller position in excess
of two.
(3)
For the purposes of calculating off-street parking, each automatic
teller machine is deemed a teller position.
(4)
If such use is located within 250 feet of the boundary of a district
zoned for residence, including AAA, AA, A, B, C, and D Residence Districts,
such establishment may not be operated between the hours of 12:00
midnight and 7:00 a.m.
K.
Theaters. A theater may be allowed in a Central Business
A District and may be allowed no more than 50 linear feet of street
frontage and no more than 15,000 gross square feet in floor area at
street level. Off-street parking shall be required, as determined
by the Planning Board.
[Added 7-12-2004 by L.L. No. 3-2004]
L.
Supermarkets.
[Added 7-12-2004 by L.L. No. 3-2004]
(1)
A supermarket may be allowed in a Central Business
A District, and may be allowed no more than 120 linear feet of street
frontage and no more than 40,000 gross square feet in floor area at
street level. Off-street parking shall be required, as determined
by the Planning Board.
(2)
If such use is located within 250 feet of the boundary
of a district zoned for residence, including AAA, AA, A, B, C, and
D Residence Districts, such establishment may not be operated between
the hours of 12:00 midnight and 7:00 a.m.
M.
Environmental improvement multiple residence facilities.
[Added 9-18-2006 by L.L.
No. 2006; amended 7-13-2015 by L.L. No. 6-2015]
(1)
ENVIRONMENTAL IMPROVEMENT MULTIPLE RESIDENCE FACILITY
Definitions. As used in this subsection, the following terms shall
have the meaning indicated:
A multiple residence facility constructed on a site requiring
significant environmental remediation.
(2)
Purpose. The purpose of this special permit is to allow additional
residential density in the Six-Story Multiple Residence D District
in circumstances where the applicant has demonstrated, to the satisfaction
of the Planning Board, that the requested density is justified by
the costs of the proposal relating to remediation costs associated
with any environmental conditions on the site.
(3)
Specific standards for environmental improvement multiple residence
facility.
(a)
The applicant must demonstrate, to the satisfaction of the Planning
Board, that the requested density is justified by the costs of the
proposal relating to remediation costs associated with any environmental
conditions on the site.
(b)
The proposed development must incorporate reasonable on-site
and/or off-site traffic improvements to mitigate any traffic impact
resulting from the project.
(c)
Provided that the foregoing conditions are satisfied, the bulk
and area requirements for an environmental improvement multiple residence
facility shall be as follows:
[1]
Minimum lot area: 60,000 square feet.
[2]
Minimum lot depth: 80 feet.
[3]
Minimum street frontage: 600 feet.
[4]
Maximum units: 55.
[5]
Maximum building length: 675 feet.
[6]
Minimum front yard: zero feet.
[7]
Minimum rear yard: zero feet.
[9]
Minimum habitable dwelling area: 1,000 square feet per unit.
[10]
Open space: 500 square feet per unit.
[11]
Maximum building coverage: 100%.
[12]
Maximum building height: 60 feet or five stories.
[13]
Off-street parking: 1.75 spaces per unit of which
at least 1.0 space per unit must be accessible and available at all
hours and the remainder of which may be tandem.
N.
Solar
energy systems and renewable energy systems.
[Added 9-13-2010 by L.L. No. 2-2010]
(1)
ALTERNATIVE ENERGY SYSTEM
Definitions. As used in this subsection, terms shall have the same meanings as set forth in § 310-22F and G of this chapter and as follows:
Solar energy systems and renewable energy systems.
(2)
Legislative intent and purpose. The purpose of these provisions is
to allow and encourage alternative energy systems and related equipment
within residential and business districts, according to certain safeguards
and conditions. The intent is to balance the demand for alternative
energy systems with maintaining the aesthetics of the Village and
minimize the potential for any negative impact by these systems and
to protect the health, safety and welfare of the residents of the
Village.
(3)
Application of this subsection. A special permit shall be required
for any solar energy system to be installed, constructed or erected
in the Central Business A or Service Business B zoning district, any
modification thereof, or any renewable energy system, except a geothermal
energy system, in any district.
(4)
Application for special permit.
(a)
An application for a special permit for an alternative energy
system shall be signed on behalf of the applicant by the person preparing
the same and with knowledge of the contents and representations made
therein attesting to the truth and completeness of the information.
If the applicant is not the owner of the property in which such system
is proposed, the applicant shall submit a copy of the signed lease
or other agreement pursuant to which the applicant is entitled to
utilize such property for such system, which may have proprietary
business terms redacted.
(b)
Applications not meeting the requirements stated herein, or
which are otherwise incomplete, may be rejected by the Village.
(c)
The applicant shall submit the required number of copies of
the application, drawings, photographs and documents to the Planning
Board in folded and collated sets no larger than 11 inches by 17 inches.
All applications shall include the following information:
[1]
The name, address and telephone number of the applicant.
[2]
The name, address, telephone number and written consent of the
property and/or building owner.
[3]
A description of the proposed installation(s).
[4]
A plot plan and/or survey indicating the dimensioned location
of the subject building or structure and all proposed equipment.
[5]
Sealed and dimensioned drawings and/or photographs of the subject
building or property and all adjacent buildings or properties within
75 feet on all sides.
[6]
Scaled and dimensioned drawings, photographs, documents and
materials, including, but not limited to, layout plans, elevations,
sections, details, manufacturers' specifications and catalogue cuts,
material types, colors, finishes and structural support methods. Such
drawings and documents shall also include proposed screening, if any.
[7]
Where a freestanding or ground-mounted solar energy system or
any renewable energy system is proposed, a landscape and screening
plan shall be submitted. The plan shall indicate all existing and
proposed grading, excavating, filling, paving, fencing, and screening
as it may relate to the alternative energy system and shall indicate
the location of all property lines and neighboring buildings and structures.
(d)
Material samples shall be presented at the Planning Board and
Design Review Committee meetings.
(5)
Specific standards.
(b)
Alternative energy systems shall be permitted only to provide
power for use by owners, lessees, residents or other occupants at
the premises on which they are erected, but nothing contained in this
provision shall be construed to prohibit the sale of excess power
through a "net billing" or similar program in accordance with New
York Public Service Law § 66-j or similar state or federal
statute.
(c)
The applicant shall demonstrate that the alternative energy
system will be minimally visually intrusive from surrounding properties
and minimally disruptive to existing vegetation. The equipment shall
use, to the extent practicable, materials, colors and textures designed
to blend with the structure to which they are affixed or, if not affixed,
to harmonize with the natural surroundings.
(d)
Equipment shall not be unnecessarily bright, shiny, or reflective.
(e)
To the greatest extent practicable, all equipment is to appear
like and is to match the color of the part of the building or structure
to which it is attached.
(6)
Preapplication meeting. There shall be a preapplication meeting in accordance with § 310-26B of this chapter, regardless of the cost of development.
(7)
Recertification; termination.
(a)
During the six months prior to expiration of a special permit,
the holder of the special permit shall submit a written application
for recertification of the special permit.
(b)
Subject to the provisions of Subsection N(7)(d) below, the Planning Board shall issue a recertification of the special permit if it finds that the holder of the special permit is in compliance with the terms of the special permit, the requirements of this Subsection N, and the requirements of applicable federal, state, and local law. If the recertification process has begun but is not complete by such anniversary date, the special permit may be extended for no more than three months. In the event of disapproval of the recertification application, the alternative energy system shall not be used after the date that the applicant receives written notice of disapproval and, unless an appeal is timely filed, shall be immediately removed upon the expiration of such appeal limitations period.
(c)
Unless recertified, a special permit and any authorizations
granted thereunder shall terminate as of the last day of the then
current term as specified in the special permit.
(d)
Notwithstanding the foregoing, in connection with each recertification,
the Planning Board shall consider changes to alternative energy technology
since the date of issuance or last recertification, as applicable,
of the special permit and determine whether the special permit should
be modified or terminated as a result of such change.
(8)
Default and/or revocation. If an alternative energy system is not in compliance with this chapter or with its special permit, the Planning Board may revoke the special permit in accordance with § 310-40B of this chapter.
(9)
Application fee. A nonrefundable fee shall be payable with each application
for a special permit for an alternative energy system and with each
application for a modification in such amount as shall be set by the
Board of Trustees from time to time.
