Brewster City Zoning Code
ARTICLE V
Supplementary Regulations
§ 263-17 Prohibited uses.
[Amended 3-21-2018 by L.L. No. 3-2018]
No building, structure, lot or land in any district in the Village of Brewster shall be used for any one or more of the following uses:
A.
Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare.
B.
Skyrides, Ferris wheels, roller coasters, shooting galleries and similar recreation devices.
C.
Rendering plants for animal products.
D.
Trailer sites, transient or permanent.
E.
Manufacture or storage of explosives or fireworks.
F.
Structural steel fabrication or iron works.
G.
Dumps or junkyards.
H.
Commercial truck terminals.
I.
Vending machines not located entirely within a principal building.
J.
Open-front stores designed primarily for the sale of merchandise directly to the public on a public street or sidewalk.
K.
Open-air storage of building materials, coal or other heating fuels, automotive fuels and accessories and horticultural products.
L.
The excavation of sand, gravel, topsoil and other subsurface minerals.
M.
The loading and/or unloading at railroad sidings of materials where it is other than an accessory use.
N.
Adult-oriented business, except where allowed in District B3 as a special exception use under § 263-20I(3).
O.
Bars and taverns. For purposes of this section, an establishment called a "grill" or "pub" shall also be considered to be a bar or tavern under the definitions contained herein. Other than in the B-1 District, no establishment commonly known as a "bar" or "tavern," the primary use of which is the provision of alcoholic beverages to the public, with or without the provision of food and music or entertainment, shall be permitted nearer than 500 feet to any other similar establishment existing or for which a building permit has been issued, measured along any street from which entrances to the proposed establishment are to be provided.
P.
Fences. No fences, stone walls or masonry walls shall be permitted in the Village of Brewster unless they comply with the following:
(1)
No fences, stone walls or masonry walls shall be permitted which shall exceed four feet in height in any front yard or side yard in front of the building line or which shall exceed six feet in height in any rear yard or side yard in back of the building line, measured from the ground level to the highest point of any portion of the fence or wall.
(2)
Fences shall be installed with the finished side facing out or away from the interior of the lot on which the fence is placed.
(3)
Front yard, side yard, and rear yard setback requirements established by this chapter shall not apply to fences, stone walls or masonry walls. In addition, masonry walls constructed as part of a site plan approved by the Planning Board and used to retain an earthen embankment shall be exempt from the height requirements of this section.
(4)
Hedges, plantings or other living fences shall be considered as fences if placed on the site for such purpose.
(5)
No fences, stone walls or masonry walls shall be erected which are embedded with or made of pieces of glass, sharpened metal or sharp or otherwise hazardous material.
(6)
Fences placed immediately around the perimeter of a tennis court, used to control balls in play, shall be limited to a maximum height of 10 feet.
(7)
Fences used as dumpster enclosures shall be limited to a maximum height of eight feet.
(8)
Prior to the commencement of any work to construct or install a fence, stone wall or masonry wall, a permit must be obtained from the Village Code Enforcement Officer, who shall also inspect the completed work.
Q.
Drive through windows in the B-1 District.
R.
The keeping of roosters as pets or livestock, or the keeping of chickens as pets or livestock beyond a maximum number of six chickens per lot, in accordance with the following requirements:
(1)
The lot must be in a residential zoning district, and must conform to the required lot size for the zoning district in which the lot is located.
(2)
A chicken coop and run is required, the combined size of which shall allow at least four square feet for each chicken kept in the coop and run area.
(3)
Coops and runs may not be located in the front yard or side yard. Coops and runs shall be located in the rear yard only, and the location of the coops must conform to the setback requirements for the zoning district in which the lot is located. Coops must comply with all zoning regulations of the Village of Brewster.
(4)
Coops and runs shall be kept clean, free of debris, and shall be in compliance with all state and local laws pertaining to animals generally.
(5)
Chickens shall be confined at all times to the coop and run areas, and shall not be permitted to run freely outside of the coop and run areas.
(6)
All feed shall be kept in rodent-proof containers.
(7)
All chickens and eggs produced by said chickens shall be for the sole use and consumption of the homeowner or tenant in possession of the property, and shall not be offered for sale. No person shall engage in chicken breeding or fertilizer production for commercial purposes.
(8)
Persons keeping chickens on their property as of the date of the adoption of this section shall have 60 days within which to comply with this section.
§ 263-18 Off-street parking and loading.
A.
General.
(1)
Off-street parking spaces and loading spaces shall be provided for occupants, employees and patrons for the use of land, buildings and other structures in accordance with the standards specified in this section. Any use already existing shall be deemed to conform to these standards to the extent that it conforms at the time of adoption of this chapter. All off-street parking and loading spaces required by this section shall be permanently maintained and available for occupancy. If any existing use is changed to a use requiring additional off-street parking and loading spaces, compliance with this chapter shall require that the additional off-street parking and loading spaces for the new use be in accord with the standards specified by this section.
(2)
Further, any existing use which does not conform to the standards of this section shall not be changed to a conforming one unless off-street parking and loading spaces are provided for the new use as required by this section.
B.
Standards. Standards for off-street parking and loading shall be as follows:
(1)
One- and two-family dwellings: two parking spaces for each dwelling.
(2)
Townhomes: two parking spaces for each dwelling unit. To provide for the safe and orderly circulation of vehicles within a garage and/or parking area, all interior roadways and parking aisles shall have a minimum width of 20 feet, as measured from the rear of one parking space to the rear of the parking space directly opposite. All parking garages and/or parking areas shall be grade-separated from the surrounding pedestrian areas by two feet to ensure safety and elimination of pedestrian and vehicular conflict.
(3)
Multifamily dwellings: 1 1/2 parking spaces for each dwelling unit. If there is an interior garage, then to provide for the safe and orderly circulation of vehicles within a garage and/or parking area, all interior roadways and/or parking aisles shall have a minimum width of 20 feet, as measured from the rear of one parking space to the rear of the parking space directly opposite. All parking areas shall be grade-separated from the surrounding pedestrian areas by two feet to ensure safety and elimination of pedestrian and vehicular conflict.
(4)
Home occupations/professional offices: two parking spaces in addition to the requirement for the dwelling to which such use is accessory.
(5)
Churches, places of worship, theaters, fraternal organizations or other places of public assembly: one parking space for each five fixed seats of capacity or one parking space for each 75 square feet of floor area available for use in cases where capacity is not determined by the number of fixed seats. In all districts other than a residential district, parking spaces may be provided on a lot separate from the building but within 500 feet of that building.
(6)
Retail stores, commercial businesses, business and professional offices, financial institutions and medical and dental clinics: one parking space for each 200 square feet of ground floor area of the building and each 400 square feet of upper floor area. Parking spaces may be provided on a lot separate from the building but within 500 feet of that building.
(7)
Gasoline stations, public garages or car-washing establishments: sufficient parking spaces for all vehicles being serviced at one time, with a minimum of five parking spaces located on the same lot with the building.
(8)
Funeral homes: one parking space for each 75 square feet of floor area used as assembly rooms for services and located on the same lot with the building.
(9)
Restaurants and taverns: one parking space for each 150 square feet of floor area.
(10)
Warehouses, wholesale businesses, contractors' businesses, research laboratories, office buildings and establishments for the manufacture, processing or assembly of goods: one parking space for each two employees during the largest daily work-shift period. Parking spaces may be provided on a lot separate from the building but within 500 feet of that building.
(11)
Other uses not specifically listed: the same requirement as for the most-similar listed use so as to maintain the purpose and intent of this section.
(12)
Mixed uses: the total parking requirement shall be the sum of the requirements of the component uses computed separately.
(13)
Automobile dealerships shall have one parking space for each 200 square feet of sales area and a minimum of 10 parking spaces.
(14)
Parking requirements for certain uses in the B-1 District.
(a)
Multifamily dwelling units: one space for each studio or one-bedroom unit and 0.5 additional spaces for dwelling units with additional bedrooms.
(b)
Retail, restaurant, tavern, personal service, office, art gallery, and similar uses: one space for each 500 square feet of gross floor area. Parking for theater shall be one space per three fixed seats.
(c)
Shared parking. The Village Board may allow the use of shared parking in lieu of complying with regulatory parking requirements for the B-1 District if:
[1]
A parking survey or study has been completed and approved by the Village Board. The parking study or survey will indicate the demand for the various uses who will be utilizing the shared parking facility at various times and days;
[2]
A management plan of the shared parking has been completed and approved by the Village Board. This management plan shall include allocation among the various uses who will be utilizing the parking.
(15)
In the B2 District, parking should be encouraged to be placed in the rear or side of the buildings, not in the front.
(16)
Parking requirements for certain uses in the B-3 District.
(a)
Multifamily dwelling units: one space for each studio or one-bedroom unit and 0.5 additional spaces for dwelling units with additional bedrooms.
(b)
Retail, restaurant, tavern, personal service, office, art gallery, and similar uses: one space for each 500 square feet of gross floor area. Parking for theater shall be one space per three fixed seats.
(c)
Fitness or recreation center uses: one space for each 300 square feet of gross floor area.
(d)
Parking is prohibited within front yard setback, except on single-family driveways.
(e)
Townhome dwelling units: one space for each studio or one-bedroom unit and 1.5 additional spaces for dwelling units with additional bedrooms.
(17)
Parking requirements for certain uses in the MU District.
(a)
Multi-family dwelling units: one space for each studio or one-bedroom unit and 0.5 additional spaces for dwelling units with additional bedrooms.
(b)
For all nonresidential uses: one space for each 500 square feet of gross floor area.
(c)
Townhome dwelling units: one space for each studio or one-bedroom unit and 0.5 additional spaces for dwelling units with additional bedrooms.
C.
Joint use of parking space. The owners of two or more separate premises may establish a joint parking area to provide the total number of required parking spaces. Said premises shall not be separated by a distance of more than 500 feet.
D.
Off-street truck loading spaces. Every building, structure, lot or land used for a commercial purpose having a gross floor area in excess of 4,000 square feet, or located within the transit-oriented development area, shall provide off-street truck loading spaces in accordance with the following schedule:
Gross Floor Area (square feet) | Required Number of Off-Street Loading Spaces | |
|---|---|---|
4,000 to 20,000 | 1 | |
20,000 to 40,000 | 2 | |
40,000 to 100,000 | 3 | |
Each additional 60,000 | 1 additional |
E.
Supplemental regulations and standards.
(1)
Construction.
(a)
All off-street parking and loading spaces shall be suitably improved, graded, stabilized and maintained so as to ensure that no nuisance or danger shall exist from dust or from stormwater flow onto any public street.
(b)
Except for necessary driveway entrances, all off-street parking and loading spaces shall be separated from any public street right-of-way by a curb, fence, wall, embankment or other barrier.
(2)
Design standards.
(a)
With each and every proposed land use, building or structure, plans shall be submitted to the Village Code Enforcement Officer clearly showing the location, area and dimensions of the off-street parking and loading spaces required to comply with this chapter. Also, all means of access and egress to and from these spaces shall be shown. Points of entrance and exit for driveways onto a street shall be located so as to minimize pedestrian and vehicular traffic congestion and hazards.
(b)
Except for parking spaces provided in connection with a dwelling, home occupations/professional offices and gasoline stations, each parking space shall be provided with adequate space for approach, turning and exit of an automobile having an overall length of 20 feet without need to use any part of a public street right-of-way.
(3)
Parking of commercial vehicles in residential districts. The overnight parking of a maximum of one commercial vehicle of not greater than one-ton capacity per lot in a residential district shall be permitted only when such vehicle is used by an occupant of the premises for daily work activities in connection with such occupant's employment or business. If a garage is available on the subject premises of sufficient size to accommodate the commercial vehicle, then said commercial vehicle shall be parked inside the garage.
[Amended 9-16-2020 by L.L. No. 2-2020]
(4)
Accessory parking areas shall be paved and marked off into parking spaces, each with a minimum width of nine feet and a minimum area of 180 square feet, exclusive of access driveways, turning areas and interior roadways and/or aisles.
(5)
In private garages or parking areas accessory to townhomes or multiple dwellings, no repairing of cars shall be done, but washing of tenants' cars shall be permitted as long as no car-washing machinery is employed.
(6)
No business, industrial or office use shall have any truck loading space or spaces or access driveway for trucks within 35 feet of any side or rear lot line which constitutes the boundary of any residential district.
§ 263-20 Special exception use permits.
[Amended 4-5-2017 by L.L. No. 2-2017]
A.
General.
(1)
The Village of Brewster Board of Trustees shall have the power, after public notice and hearing, to grant special exception use permits in the classes of cases as specified within this section.
(2)
Special exception use permits for which conformance to additional requirements is mandated by this chapter shall be deemed to be allowed uses in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special form that each specific use must be considered as an individual case.
(3)
The Village of Brewster Board of Trustees, to the extent permitted by law, shall have the authority to impose any such conditions or limitations upon the special exception use permit as it may deem necessary for the protection of the health, safety and welfare of the public. Any evidence and guaranty may be required as proof that the condition stipulated in connection therewith will be fulfilled.
B.
Application procedures. Applicants are encouraged to submit a preliminary informal application and to discuss it with the Village Code Enforcement Officer prior to formal submission of a complete special exception use permit application. Formal applications for a special exception use permit shall be made to the Village Code Enforcement Officer in six copies, accompanied by payment to the Village of Brewster of a filing fee which shall be fixed from time to time by the Village. In accordance with instructions available from the Village Code Enforcement Officer, applications shall include a site plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot and a written statement describing the nature of the proposed use and how it will serve to implement the purposes of this chapter. If determined to be complete, the applications shall be forwarded by the Village Code Enforcement Officer to the approving agency.
C.
Review procedures.
(1)
Review by Village of Brewster Board of Trustees. Within 62 days of receipt of a completed application, the Village of Brewster Board of Trustees shall hold a duly advertised public hearing. Within 62 days after the public hearing, the Village of Brewster Board of Trustees shall approve, disapprove or approve with modifications or conditions the special exception use permit application. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the board. Such modifications or conditions shall include the approval of plans for site layout and design of specified uses containing elements relating to parking means of access, screening signs, location and dimension of buildings, impact of the proposed use on adjacent land uses and such other elements as may be reasonably related to the health, safety and general welfare of the community.
(2)
Review by other agencies. Upon receipt of a complete application, the Village of Brewster Board of Trustees shall forward copies to the Planning Board for review and report. The Village of Brewster Board of Trustees may also forward copies for review and report to such other officials of the Village as it deems appropriate. All such agencies and officials shall have 30 days from the date of forwarding to submit reports. In addition, copies shall be forwarded with a notice of public hearing to the Putnam County Planning Department in accordance with pertinent provisions of the General Municipal Law.
D.
Standards for all special exception use permit uses. The following standards shall apply to all permitted special exception uses:
(1)
Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(2)
Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3)
Nuisance. Operations in connection with the special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operations of any permitted use not requiring a special exception use permit.
(4)
Property values. Neighborhood character and surrounding property values shall be reasonably safeguarded.
(5)
Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.
(6)
Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(7)
Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
E.
Expiration. A special exception use permit shall be deemed to authorize only the particular use specified in the permit, and, unless other provisions are specifically set forth by the approving agency, the special exception use permit shall expire if:
(1)
Construction and commencement. Construction has not been commenced within one year and has not been completed within two years of final special permit approval; if no construction is involved, the use has not been commenced within one year of final special exception use permit approval.
(2)
Cessation. The special exception use or uses shall cease for one year or more for any reason.
F.
Compliance. In connection with issuance of a special exception use permit, the Village of Brewster Board of Trustees may establish a schedule of inspections by the Village Code Enforcement Officer of a special exception use permit to determine continued compliance with this chapter. If any inspection of the property or dwelling by the Building Inspector for the purpose of ensuring compliance with the provisions of this section is refused by the owner, when inspection occurs at a reasonable time, or if the continuing conditions of the special exception use permit are violated, the permit shall be subject to revocation after a hearing by the Board of Trustees at which the permit holder is provided an opportunity to be heard. If a violation is found upon inspection, the special exception use permit may be suspended by the Building Department pending a hearing before the Board of Trustees. At the conclusion of said hearing, the special exception use permit may be reinstated, suspended or revoked by the Board of Trustees.
G.
Amendments. Any change in use or reduction in lot size requires amendment to the special exception use permit, following the application and review requirements of this section, except that the Village Code Enforcement Officer may issue building permits as requested, without amendment of the special exception use permit, where said Code Enforcement Officer finds that there is no change in the use or that the use proposed falls within the definition of the existing special exception permit use and that the change would not require additional parking spaces. Notwithstanding the above, the Village Code Enforcement Officer may require that application be made for amendment to the special exception use permit where said Code Enforcement Officer finds that the proposed change will be a significant change in the essential characteristics of the existing layout, arrangement or use of buildings or land.
H.
Renewal of special exception use permit. On written application, a special exception use permit may be renewed by the Village of Brewster Board of Trustees, provided that no such renewal shall be made unless there has been substantial compliance with all applicable codes, ordinances, regulations and conditions of the special exception use permit. No such renewal shall be made upon written objection by a majority vote of the Village of Brewster Board of Trustees.
I.
Individual requirements for certain special exception use permit uses. The following individual standards and requirements are hereby established for certain special exception use permit uses. They must, if applicable, be met before issuance of a special exception use permit.
(1)
Accessory single-family dwelling.
(a)
Intent and purpose. It is the specific purpose and intent of this subsection to permit accessory units in single-family detached dwellings in single- family residential districts to provide the opportunity for the development of small, rental or owner-occupied housing units designed, in particular, to meet the special housing needs of senior citizens. It is the further purpose and intent of these provisions to allow and encourage the more efficient use of the Village's existing housing stock, to preserve the Village's historic structures and to provide incentive for their maintenance. It is also the intent of these regulations to assure that the single-family character of the property will be maintained and that the accessory unit remain subordinate to the primary living quarters. To help achieve these goals, the following specific standards are set forth and shall be complied with to the satisfaction of the Village of Brewster Board of Trustees in the granting of a special exception use permit.
(b)
Eligibility. Accessory single-family units may be located within residential properties in an R District, excluding lots with multifamily units.
(c)
Standards.
[1]
Location of unit and age of structure. Any accessory unit must be located in the principal resident dwelling, provided that such building existed at least five years prior to the date of application.
[2]
Number of accessory units per lot. There shall be no more than one accessory apartment per one-family building lot.
[3]
Size. The accessory unit shall not have more than two bedrooms. At no time shall the number of people living in the accessory unit exceed two people per bedroom. The accessory unit must not be larger than 20% of the gross floor area of the principal structure, but must be at least 400 square feet in size.
[4]
Off-street parking. One off-street parking space shall be provided per accessory unit.
[5]
Exterior changes. Any exterior changes shall be made on the existing foundation unless, in the opinion of the Village of Brewster Board of Trustees, such changes are warranted by the specific circumstances of the particular building. Accessory units shall be located, designed, constructed, landscaped and decorated in such a manner that, to the maximum extent feasible, the appearance of the principal building will remain as one single-family dwelling. No exterior stairway to the second floor shall be permitted at the front of the building. The accessory unit shall only have separate access from the side or rear of the building, except for cases where there is a front entryway with split access inside the building.
[6]
Owner occupancy required. The owner(s) of the premises shall occupy at least one of the dwelling units within the premises.
(d)
Required permits and renewals.
[1]
Special exception use permit required. The issuance of a special exception use permit, a building permit and a certificate of occupancy shall be the requirements for the creation of an accessory unit. The special exception use permit shall include compliance with the conditions and standards of this section. Such permits shall be valid during the continued ownership of the holder of the permit. Any new owner must renew the permit by reapplication to the Village of Brewster Board of Trustees.
[2]
Certificate of occupancy required. All accessory units must meet the requirements of the applicable health, fire and sanitary codes. Inspections as required by the Village of Brewster Board of Trustees shall be made and a certificate of occupancy must be secured prior to the use of the accessory unit.
[3]
Sale or subdivision. Neither an accessory apartment nor the premises upon which such accessory apartment is located shall be sold, converted into cooperative or condominium ownership or subdivided unless such action is accomplished in full compliance with the local laws, codes and ordinances of the Village of Brewster and the laws of the State of New York.
[4]
Preexisting accessory apartments. Owners of accessory apartments which are in existence as of the effective date of this chapter shall have a maximum of 12 months from such date to apply for an accessory apartment special exception use permit and to meet the requirements of this subsection.
(2)
Day care.
(a)
Intent and purpose. It is the specific purpose of this subsection to provide facilities for the care of young children (under six years of age) during the normal business day so that parents and guardians may have work opportunities enhanced, play and social interaction opportunities for their children increased and learning opportunities provided.
(b)
Applicability. These regulations shall apply to all day-care facilities. For purposes of this chapter, such facilities shall be divided into two groups:
[2]
Day-care and nursery schools.
[a]
Day-care center. Centers may be established as the sole use in an individual building or as an accessory use in a church, school or other building and run by an individual, association, cooperation or institution. Day-care centers must be licensed as required by New York State law.
[b]
Nursery school. This is an institution or business establishment designed to provide daytime care and instruction on a regular basis for two or more children under six years of age in sessions less than three hours. Nursery schools may hold two sessions daily, but no more than two. Nursery schools must be licensed as required by New York State law.
(c)
General requirements. The following requirements shall apply to all day-care facilities:
[1]
A license as required by New York State law.
[2]
Outdoor play areas shall be no closer to the street than the principal building and shall be fenced to provide a safe enclosure for children. Recreational structures and equipment shall be limited to 10 feet in height.
[3]
Location of the child-care facilities shall be restricted to the first floor of the building, unless a determination is made by the Fire Inspector of satisfactory ingress and egress from the building.
(d)
Family day-care home standards. In addition to the requirements set out in § 263-20I(2)(c) above, day-care in the home setting shall conform to the following requirements:
[1]
Family day-care homes shall operate out of single-family detached dwellings only.
[2]
The operator of the family day-care home shall live in the dwelling and no more than one employee who does not reside in the dwelling shall be permitted.
[3]
Group-family day-care homes may operate out of single-family dwellings, a fireproof multiple dwelling unit or a dwelling unit on the ground floor of a multiple dwelling not classified as fireproof as regulated by the New York State Building Code.
[4]
The operator of the group-family day-care home shall live in the dwelling. One additional parking space shall be provided for each additional employee who does not reside in the dwelling, and one additional space shall be provided for every two additional employees thereafter.
[5]
Such dwelling shall conform to the requirements of the district in which it is located.
[6]
No signage other than that permitted in the district in which the family day-care home is located shall be permitted.
[7]
Outdoor play areas shall be restricted to the rear yard of the lot.
(e)
Day-care center and nursery school standards. In addition to the requirements set forth in § 263-20I(2)(c) above, day-care centers and nursery schools shall conform to the following requirements:
[1]
Day-care centers and nursery schools shall be established as the sole use in an individual building or as an accessory use in a church, school or other building.
[2]
Day-care centers and nursery schools shall be located fronting on and with access to state or county roads or major local roads providing an arterial or collector function as determined by the Planning Board.
[3]
A minimum of one parking space for each employee shall be provided and visitor and dropoff parking in the amount of one space per five children.
[4]
The setbacks, height, bulk and minimum frontage for the underlying zoning district shall apply. However, the day-care center or nursery school may not be less than 100 feet from an adjacent residence, nor shall parking be placed closer to a front, side or rear property line than 25 feet.
[5]
All day-care centers and nursery schools shall be required to provide outdoor fenced play areas of a minimum of 75 square feet per child based on the design capacity of the day-care center. However, the outdoor play areas shall be set back 25 feet from lot lines and adjacent residential structures.
[6]
Site plan review. The proposed use shall be subject to site plan review by the Planning Board. The Board shall particularly examine any proposed facility in a residential district to be certain that the visual impact of the facility is, to the extent possible, consistent with the residential character of the zoning district.
(f)
Permits and renewals. The issuance of a special exception use permit shall be a requirement for creation of a day-care facility. The special exception use permit shall include compliance with the conditions and standards of this section. Such permits will be valid during the continued ownership of the holder of the permit. Any new owner must renew the permit by reapplication to the Village of Brewster Board of Trustees.
(4)
Bed-and-breakfast.
(a)
The owner-operator of the bed-and-breakfast establishment must occupy and maintain as a primary residence and reside in the building that is being used as a bed-and-breakfast establishment.
(b)
The maximum number of guest rooms allowed in the bed-and-breakfast establishment is five dedicated guest rooms and a minimum of one dedicated guest room. The maximum number of guests per room is two adult lodgers and their minor children in compliance with the New York State Uniform Fire Prevention and Building Code.
(c)
At a minimum, one separate dedicated full bathroom is to be provided for guest usage.
(d)
Compliance with § 263-18, Off-street parking and loading, is required. In addition, one off-street parking space shall be provided for each bedroom designated as available for lodgers, plus two off-street parking spaces for the owner/operator. No parking will be permitted in the front yard.
(e)
The maximum duration of stay for guests at the bed-and-breakfast establishment is no more than seven consecutive overnights.
(f)
The only meal that shall be prepared or served at the bed-and-breakfast establishment is breakfast in the morning hours for overnight guests only. The breakfast meal shall be served in a designated dining area. All other meals are not permitted. No cooking is permitted in the guest rooms. Serving meals to the public is prohibited. The cost of breakfast is to be included in the fee for the overnight accommodations.
(g)
No other commercial services shall be offered besides lodging and breakfast dining.
(h)
Hard-wired smoke and carbon monoxide detectors with battery back-up shall be installed in each guest room and all public spaces in compliance with all requirements of the New York State Uniform Fire Prevention and Building Code.
(i)
A sign shall be allowed on the premises of the bed-and-breakfast establishment. The sign shall be free-standing or attached to the bed-and-breakfast establishment. The sign must meet the criteria in § 199-8G.
(j)
Room occupancy signs (maximum allowable occupants as per the New York State Uniform Fire Prevention and Building Code) are to be posted in each guest room and public space.
(k)
Site plan approval will be required by the Planning Board as part of the special exception use permit approval, through a referral by the Board of Trustees.
(l)
The owner-operator of the bed-and-breakfast establishment must be issued a certificate of occupancy by the Building Inspector of the Village. The bed-and-breakfast establishment is subject to an annual inspection and yearly permit by the Building Inspector. Fees for the special exception use application, annual inspection and yearly permit shall be included in the VOB fee schedule and may be changed from time to time.
(m)
Each property for which a special exception use permit has been issued for use as a bed-and-breakfast establishment is subject to periodic inspections by the Building Inspector to ensure continued compliance with all applicable codes, including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special exception use permit approval. The inspections will be conducted annually and more frequently if the Building Inspector reasonably suspects that more frequent inspections are necessary to endure the safety of the bed-and-breakfast establishment.
(n)
If any inspection of the property or dwelling by the Building Inspector for the purpose of ensuring compliance with the provisions of this section is refused by the owner, when inspection occurs at a reasonable time, or if the continuing conditions of the special exception use permit are violated, the permit shall be subject to revocation after a hearing by the Board of Trustees at which the permit holder is provided an opportunity to be heard.
(o)
In addition to the requirements included in these criteria, bed-and-breakfast establishments shall comply with any other requirements deemed appropriate by the Board of Trustees in approving the special exception use permit.
(5)
Outdoor dining.
[Amended 8-19-2020 by L.L. No. 1-2020]
(a)
Outdoor dining is permitted to occur on a portion of the sidewalk adjacent to a restaurant, tavern, or similar establishment, provided said use does not unnecessarily impede the safe and convenient flow of pedestrian traffic.
(b)
A business may apply to the Village Board for a permit to operate outdoor dining along its Main Street frontage.
(c)
Such dining area shall be so configured as to leave room for a continuous public pedestrian walkway at least five feet in width.
(d)
The dining area may be located on public and/or private property if authorized by the Village Board.
(e)
In approving such dining area, the Board may attach conditions to ensure public safety and convenience and to reduce potential negative impacts from the dining area.
(6)
Research facility.
(a)
Such uses of the facility that result in the generation of hazardous materials or hazardous waste are prohibited.
(b)
Retail sales are prohibited.
(c)
Site plan approval will be required by the Planning Board as part of the special exception use permit approval, through a referral by the Board of Trustees.
(d)
Permits and renewals. The issuance of a special exception use permit shall be a requirement for creation of a research facility in the B-3 or LMW Districts. The special exception use permit shall include compliance with the conditions and standards of this section. Such permits will be valid during the continued ownership of the holder of the permit. Any new operator of the research facility must renew the permit by reapplication to the Village of Brewster Board of Trustees.
(e)
There is a maximum limit of one such use permitted within either the B3 or LMW Districts.
(f)
Research facilities shall be located fronting on and with access to state or county roads or major local roads providing an arterial or collector function as determined by the Planning Board.
(g)
In addition to the requirements included in these criteria, research facilities shall comply with any other requirements deemed appropriate by the Board of Trustees in approving the special exception use permit.
(7)
Alternative care facility/assisted living facility/nursing home.
(a)
Certification to operate is as required by New York State law.
(b)
Alternative care facilities, assisted living facilities and nursing homes shall be located fronting on and with access to state or county roads or major local roads providing an arterial or collector function as determined by the Planning Board.
(c)
Site plan approval will be required by the Planning Board as part of the special exception use permit approval, through a referral by the Board of Trustees.
(d)
In addition to the requirements included in these criteria, alternative care facilities, assisted living facilities and nursing homes in the PB or MU Districts shall comply with any other requirements deemed appropriate by the Board of Trustees in approving the special exception use permit.
(8)
Cabaret.
(a)
The use must at all times be in compliance with all Village, county, state and federal laws, rules, regulations, ordinances and local laws, including but not limited to all applicable fire codes, building codes and municipal zoning ordinances.
(b)
There shall be no excessive noise that creates a nuisance to neighboring properties or to the neighborhood.
(c)
There shall be no gathering on the sidewalk or any outdoor area in the immediate vicinity of the premises in which the cabaret use is operated, except for in accordance with an outdoor dining use permitted pursuant to § 263-20I(5) of this chapter.
(d)
The use is limited to the activities described in the definition of said use, as defined in § 263-3B of this chapter.
(e)
The hours of operation for a cabaret use shall be from 10:00 a.m. to 2:00 a.m.
(f)
Site plan approval will be required by the Planning Board as part of the special exception use permit approval, through a referral by the Board of Trustees.
(g)
The owner-operator of the establishment must be issued a certificate of occupancy by the Building Inspector of the Village. The establishment is subject to a periodic inspection by the Building Inspector. Fees for the special exception use application and inspections shall be included in the VOB fee schedule and may be changed from time to time by resolution of the Board of Trustees.
(h)
Each property for which a special exception use permit has been issued for use as a cabaret establishment is subject to periodic inspections by the Building Inspector to ensure continued compliance with all applicable codes, including the New York State Uniform Fire Prevention and Building Code, the requirements of this section and the provisions of the original special exception use permit approval. The inspections will be conducted annually and more frequently if the Building Inspector reasonably suspects that more frequent inspections are necessary to ensure the safety of the cabaret establishment. Further, the premises in which a cabaret use is operated is subject to inspection by the Building Department at any time if the Building Department deems necessary in the interest of the health, safety and welfare of the public.
(i)
In addition to the requirements included in these criteria, cabaret establishments shall comply with any other requirements deemed appropriate by the Board of Trustees in approving the special exception use permit.
(9)
Multifamily dwelling in the PB District.
[Added 9-5-2018 by L.L. No. 4-2018]
(a)
No building or structure shall exceed a height of 40 feet or three stories plus basement, whichever is less.
(b)
The minimum lot area shall be 20,000 square feet.
(c)
The minimum front yard setback shall be 0 feet.
(d)
The minimum side yard setback shall be 0 feet.
(e)
The residential density shall not exceed 12 dwelling units per structure, and there shall be a maximum of one residential structure per lot.
(f)
There shall be a minimum of one parking space per dwelling unit.
(g)
Any structure containing residential units shall be limited to residential use only.
(h)
This special exception use permit is limited to parcels located within the PB District on North Main Street between Michael Neuner Drive and Wells Street.
(i)
Other than as specifically set forth herein, all other requirements of the PB District shall apply.
(10)
Mixed use in the B2 District as set forth in § 263-10.
[Amended 11-18-2020 by L.L. No. 3-2020]
(a)
No building or structure shall exceed a height of 40 feet or three stories plus basement, whichever is less.
(b)
The minimum lot area shall be 20,000 square feet.
(c)
The minimum front yard setback shall be 25 feet.
(d)
The minimum side yard setback shall be zero feet.
(e)
The residential density shall not exceed four dwelling units per structure.
(f)
Special exception use permits issued pursuant to these provisions shall be limited to parcels located within the B2 District on U.S. Route 22 between Main Street and Allview Avenue.
(g)
Other than as specifically set forth herein, all other requirements of the B2 District shall apply.