Greenwood Lake City Zoning Code
ARTICLE VI
Special Use Permits
§ 120-20 Site plan approval.
Special uses requiring a special use permit are listed in § 120-11, Schedule of Use Requirements, of this chapter. The special uses for which conformance to additional standards is required by this section are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. Special uses are declared to possess unique characteristics that require each specific use to be considered on an individual basis. Special uses require site plan approval in accordance with the provisions of Article IX, except that the Planning Board may waive site plan approval for special uses where no changes to site elements are necessary. The reason for waiving site plan approval shall be included in the Planning Board minutes.
§ 120-21 Approval agency.
The Planning Board shall be the approving agency for all special uses.
§ 120-22 Application.
A.
Submission. Formal application for a special use permit shall be made in 10 copies to the Planning Board. The formal application shall include the following items:
(1)
A completed special use permit application form.
(2)
A written statement describing the nature of the proposed use.
(3)
A site plan. If waived by the Planning Board, the application for a special use permit shall be accompanied by a plan showing the size and location of the lot, location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot, prepared by a licensed New York State surveyor and including all general provisions to all.
(4)
Long Environmental Assessment Form, Part I, with appropriate fee, if required.
(5)
Application fee.
(6)
Such other forms as the Planning Board may establish.
B.
Public hearing. The Planning Board shall hold a public hearing on the special use permit within 62 days from the day a complete application is received by the Planning Board.
C.
County referral and public hearing notice.
(1)
Upon the Planning Board's determination that the application is complete, the complete application shall be referred immediately to the County Planning Board in accordance with § 239-m of the General Municipal Law.
(2)
At least 10 days prior to the date of the public hearing, the Planning Board shall mail notices thereof to the applicant and to the County Planning Board, as required in 239-m of the General Municipal Law.
D.
Public hearing notice. Notice of the public hearing shall be published once in the official newspaper at least five days prior to the date thereof. The form of such notices shall be prescribed by the Planning Board, and the cost of such notices shall be paid by the applicant.
E.
Decision. The application shall be decided upon within 62 days after the close of the public hearing. The time within which the decision may be rendered may be extended by mutual consent of the applicant and the Planning Board. The decision shall be filed in the office of the Village Clerk within five business days after the day the decision is rendered, and a copy thereof mailed to the applicant.
§ 120-23 General objectives; waiver of conditions.
A.
In approving any special use permit, the Planning Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
(1)
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2)
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3)
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said residential district or conflict with the normal traffic of the neighborhood; and
(b)
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
B.
Waiver. The Planning Board may waive any of the conditions set forth in § 120-28. Such waiver may be exercised in the event that any of these conditions are determined not to be requisite in the interest of the public health, safety and general welfare or inappropriate to the particular special use permit.
C.
Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions that are directly related to and incidental to the proposed special use permit in order to achieve these objectives, including the issuance of a special use permit for a specified period of time.
§ 120-24 Expiration; inspections; amendment; renewal.
A.
A special use permit shall be deemed to authorize only the particular use specified in the permit and shall expire if said use shall not be initiated for 12 months following approval or cease for more than 12 months for any reason, or if construction, in accordance with the special use permit, has not been completed within 18 months from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the special use.
B.
Inspections. In connection with issuance of a special use permit, the Planning Board may establish a schedule of inspection by the Building Inspector of a special use to determine continued compliance with this chapter.
C.
Amendment. Any change in use or reduction in lot size requires amendment to the special use permit, following the application and review requirements of this section.
D.
Renewal. A change in ownership shall require renewal of the special use permit. Upon a determination that the conditions of the original special use permit are being complied with, the Planning Board may waive the public hearing and site plan requirements and renew the special use permit. Where said conditions have not been complied with, approval of a new special use permit shall be required.
§ 120-25 Existing violations.
No special use permit shall be issued for property where the Building Inspector has found a violation of this chapter or any portion or section of the Village Code, and where such violation has not been corrected, unless the granting of a special use permit and site plan approval will remedy the violation.
§ 120-26 Site plan approval.
Except as provided for herein, special use permit applications require site plan approval in accordance with the requirements of Article IX of this chapter.
§ 120-27 Fees.
Application for a special use permit shall be accompanied by a fee as listed in the fee schedule adopted by the Village Board of Trustees.
§ 120-28 Individual standards and requirements for special uses.
The following individual standards and requirements are hereby established for special permit uses:
A.
Automotive repair and maintenance.
(1)
The site shall have frontage of at least 100 feet on a public road.
(2)
Ingress and egress points shall be defined by the use of poured-in-place concrete curb sections and radii and shall be designed to provide for safe and convenient travel without the potential for traffic backing onto the public travel way.
(3)
No outside display of products shall be permitted, including vehicles for sale.
(4)
Landscaped areas.
(a)
A ten-foot-wide landscaped area shall be provided along street lines, excluding points of ingress and egress, and property lines adjacent to existing residential uses. The Planning Board may require that the landscaped area be densely planted with a mixture of shrubs, trees and/or a fence, to create an opaque screen.
(b)
All landscaped areas which are crossed by access drives may be planted with low shrubs no greater than three feet high and trees with a branching habit not less than eight feet high. No planting shall cause a hazardous condition by interfering with the line of sight needed for safe entering and exiting maneuvers by motor vehicles.
(5)
At no time shall any unregistered or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building or a totally enclosed and fully screened outdoor adjunct thereto. No vehicles may be sold or advertised for sale on the premises.
(6)
All services or repair of motor vehicles, other than such minor services as change of tires or sale of gasoline and oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times. The storage of gasoline or flammable oils shall comply with all New York State regulations restricting same and shall be located fully underground and not nearer than 15 feet to any property line except the street line.
(7)
There shall not be outside storage or display of accessories or portable signs.
(8)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials shall be stored in an enclosure adjacent to the building in which repairs occur. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of nor above the height of such enclosure. The dumpsters shall be emptied in a timely manner.
(9)
Driveways. Entrance and exit driveways shall have an unrestricted width of not less than 16 feet and not more than 20 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building enclosed on all sides.
B.
Bed-and-breakfasts.
(1)
Application to operate a bed-and-breakfast shall be accompanied by a certification that the owner resides and will continue to reside at the proposed bed-and-breakfast facility and proof of insurance to operate said facilities.
(2)
The owner shall register with the Village Clerk who shall maintain a record of bed-and-breakfast facilities, date of registration and their addresses.
(3)
There shall be no more than one employee in addition to the owner.
(4)
Each facility shall be operated and maintained so as to preserve the character and integrity of the surrounding neighborhood.
(5)
The number of paying guests accommodated per night shall not exceed eight guests, and no guest shall stay for a period exceeding 15 days.
(6)
A maximum of two adult guests and accompanying minor children shall be allowed to occupy each rentable room. Children shall not be considered paying guests.
(7)
There shall be no more than four bedrooms occupied by paying guests.
(8)
Each bedroom occupied by a paying guest shall be equipped with a smoke detector alarm installed and maintained in a functional condition.
(9)
Each facility may maintain a sign, not to exceed four square feet, identifying the facility. Illumination shall be approved by the Planning Board.
(10)
A minimum of one off-street parking space shall be provided for each rentable room. No such parking space shall be located in the front yard. A maximum of five additional parking spaces shall be permitted.
(11)
The dwelling unit shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.
(12)
Accessory buildings shall not be used for the purpose of the bed-and-breakfast establishment.
(13)
The Building Inspector shall be given access to the premises for the purpose of making inspections as deemed necessary to ensure compliance with the conditions of the special use permit.
(14)
Any facility operated in violation of the special use permit shall have its permit suspended on a first violation and revoked on a second violation. No permit shall be reinstated until the owner fully complies with the provisions of the special use permit.
C.
Commercial recreation facilities.
(1)
A commercial recreation facility may include indoor or outdoor uses, including but not limited to one or more of the following:
(2)
Uses involving motorized vehicles are prohibited.
(3)
General requirements for outdoor recreational uses.
(a)
There may be more than one such use on a lot.
(b)
The use of a lot for more than one type of commercial recreation facility shall conform to the bulk requirements for the use with the most restrictive bulk standards. Parking requirements shall be cumulative, and parking areas shall be screened along the perimeter only. Parking areas accommodating 50 or more vehicles upon a single lot must be finished with a dust-free surface but need not be paved for a period of three years following the issuance of a certificate of occupancy for such recreational use.
(d)
Off-street loading berths. Off-street loading berths shall be as determined by the Planning Board.
(e)
Ingress and egress. No entrance or exit for any off-street parking area shall be located within 15 feet of any side lot line, nor [except where an entrance or exit for any off-street parking area is to be located directly opposite an existing (or proposed) street intersection] shall any entrance or exit for any off-street parking area be located within 50 feet of any street intersection. Entrance and exit driveways shall be not less than 12 feet nor more than 24 feet in width. Unobstructed access to and from the roadway shall be provided and shall consist of at least one ten-foot lane for parking areas with 20 spaces or more. Entrance and exit driveways shall be so located as to avoid the necessity of any vehicles backing across any public right-of-way. Access shall not be permitted from a street serving residences in a residential zoning district (R-40, R-20, R(W)-20.
(f)
Paving, landscaping and screening.
[1]
All open portions of any lot and all parking areas shall have adequate grading and drainage.
[2]
All parking areas of more than five spaces shall be provided with a paved surface of bituminous concrete.
[3]
All open areas shall be maintained continuously in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover in keeping with a rural setting or by paving with asphalt or concrete.
[4]
Paved areas over 35 feet in width or length shall be planted for shade with a tree or shrub in keeping with a rural setting. Each 25 feet or portion thereof shall be so landscaped.
[5]
Required screening shall be a substantial wall, fence or evergreen fence or thick hedge six feet in height and approved by the Planning Board.
(g)
Lighting. All parking areas shall be well lighted, with such lighting so arranged as to eliminate glare beyond the lot lines of said parking area. All building and storage areas shall be well lighted to provide for minimum security and public safety, with such lighting arranged and shielded so as to eliminate glare on abutting properties or adjacent roads.
(h)
No off-street parking or loading area shall be within 15 feet of a lot in residential use; side and rear lot lines which abut such lot shall be screened along lot lines. A parking lot which abuts a residential district boundary line shall be screened along said boundary line. Any rear or side yard within 25 feet of a residential district line shall be similarly screened. Any parking lot across a street from a lot in residential use or a residential district boundary line shall be screened along a line parallel to the front line and 20 feet therefrom, interrupted only at the points of ingress and egress.
(i)
Bulk requirements.
Minimum Bulk Requirements | |||||||
|---|---|---|---|---|---|---|---|
Use | Lot Area (sq. ft.) | Lot Width (ft) | Lot Depth (ft) | Front Yard (ft) | Rear Yard (ft) | Side Yard (ft) | |
Golf driving range | 7.5 acres; minimum of 0.25 acre per tee | — | 150 | 25 | 30 | 30 | |
Batting cage, bowling alley, skating facility, miniature golf, tennis/racquetball court | 40,000 per use | 100 | 200 | 25 | 25 | 25 | |
(j)
For golf driving ranges, the landing area width shall be the following: For every one linear foot of tee area on a curved tee arrangement, a ratio of 3 to 1 shall be used to calculate landing area. For rectangular tee arrangement, a ratio of 4 to 1 will be used for landing area calculation. No whole or part of a landing shall be included within a yard setback. The landing area minimum length shall be 950 feet.
D.
Home occupations, professional offices and studios. Home occupations, professional offices and studios, are accessory uses subject to special use permit approval of the Planning Board and shall be subject to the following:
(1)
Said use shall be accessory and clearly incidental to the principal residential use.
(2)
Said use shall be carried on by a resident thereon with not more than one nonresident assistants.
(3)
Said use shall occupy not more than the equivalent of 30% of the area of the main floor of the principal building.
(4)
Studios offering dancing or musical instruction to more than one pupil at a time or where concerts or recitals are held are prohibited. Also prohibited is equipment capable of causing interference with radio or television reception in the neighborhood.
(5)
No display of goods shall be visible from the street.
(6)
The appliances and equipment required for such use shall be operated in a manner that they do not produce and emit, beyond the boundaries of the premises on which the use is located, dust, glare, heat, light, noise, odor, radio or television interference or other obnoxious emissions that are detrimental to the neighborhood in which it is located.
(7)
Two parking spaces shall be provided for the residence, and up to two parking spaces may be permitted for client parking.
(8)
The Planning Board may establish permitted hours of operation, additional parking restrictions, based upon the type of home occupation proposed, and the frequency of client visits so as to ensure that traffic generated by the use does not disrupt the neighborhood. To discourage excessive paving, client parking is encouraged in existing driveways or in on-street spaces.
E.
Indoor amusement center.
G.
Light industrial uses; warehouse and distribution.
(1)
All permitted and accessory uses shall be carried on in buildings enclosed on all sides, except for parking and loading areas and public utility structures. The outdoor storage of materials is permitted, provided that such materials shall be suitably enclosed with an opaque fence approved by the Planning Board, and no material shall be stored or visible above the top of the fence. Accessory uses and buildings shall not be permitted in the front yard or in any required side or rear yard.
(2)
Truck storage, loading and maneuvering areas shall be set back 50 feet from the nearest lot line.
(3)
Performance standards.
(a)
Noise, as measured from the boundaries of the lot where such use is located, shall not exceed the average intensity, occurrence and duration of the noise of street traffic at adjoining streets.
(b)
No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot, except in accordance with the regulations promulgated by the New York State Department of Health or other empowered agency.
(c)
No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which the use is situated.
(d)
No solid or liquid wastes shall be discharged into any private disposal system or on or into the ground, except in accordance with applicable state or federal standards.
(e)
All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices. Burning of waste materials is prohibited.
(f)
No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is located, nor shall any electrical disturbance be created which adversely affects the operation of any equipment on adjoining properties.
H.
Live entertainment.
(1)
Accessory to a permitted use, live entertainment shall be subject to occupancy limitations established by the Village Building Inspector or Fire Inspector.
(2)
In reviewing a special use permit application for live entertainment, the Planning Board shall consider the following:
(a)
The type of entertainment proposed, so it is not detrimental to the health and safety of other occupants within the structure.
(b)
The effect of the proposed live entertainment use on a residential dwelling unit in the vicinity of the lot.
(c)
Sound generated by such entertainment, which shall not be audible beyond the property line. Depending upon the potential noise disturbance to adjoining residential uses, live entertainment may be required to be conducted within a fully enclosed, sound-resistant building with closed windows.
(d)
That adequate parking shall be made available to accommodate additional patrons drawn by the live entertainment.
(3)
The Planning Board shall be permitted to set limits on hours of operation, noise levels, lighting, equipment, e.g., amplifiers, and establish other conditions associated with the conduct of live entertainment, taking into consideration the health and welfare of adjacent residential uses.
I.
Membership clubs; fraternal lodges.
(1)
Annual membership clubs and fraternal lodges providing outdoor recreational facilities, such as private playgrounds, picnic pavilions and areas, are subject to the following conditions:
(a)
Any such club shall be incorporated pursuant to the provisions of the Membership Corporation or the Benevolent Order Laws of the State of New York or shall be an unincorporated association approved by the Village Board and shall cater exclusively to guests.
(b)
Any such use shall not be conducted primarily as a business enterprise.
(c)
The use of outdoor public-address systems for any purposes is prohibited.
(d)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited.
(2)
Other membership clubs without outdoor recreation facilities are subject to Planning Board site plan review and approval.
J.
Outdoor dining areas.
(1)
Outdoor dining areas, when properly regulated, provide unique dining experiences that enhance the visitor's and resident's leisure enjoyment. Said outdoor dining areas, when located lakeside, also afford public view of Greenwood Lake. Within the Village, outdoor dining areas can revitalize the central business district by serving as an additional outdoor gathering place that attracts visitors to the district. These accessory uses shall be regulated in a manner that does not create a public hazard or residential nuisance to the community.
(2)
Outdoor dining areas shall meet the same minimum yard requirements as the principal use of the property.
(3)
Within the CS District, outdoor dining areas shall be setback from the street line a minimum distance of five feet.
(4)
Outdoor dining areas shall not be permitted within Village street rights-of-way nor shall their operation block access from an emergency or main entrance of the principal building to the street.
(5)
When located adjacent to a residential use or residential use district boundary, the Planning Board shall take into consideration the proximity of the dining area and any potential disruption to the outdoor use of an adjoining residential property. The Planning Board may limit hours of operation and recommend the relocation of an outdoor dining area to a portion of the property located furthest away from any residence(s).
(6)
The outdoor dining area shall be screened from view of adjoining residential properties. In considering appropriate screening materials, the Planning Board shall consider the use of wooden fences or other fences of solid construction that will also deflect noise away from adjoining residential properties.
(7)
The outdoor dining area may be accommodated on a deck or patio, either attached or unattached to the principal structure. The outdoor dining area shall be designed in accordance with a minimum area requirement of 15 square feet of gross floor area per seat. The maximum capacity of the outdoor seating area shall not exceed the capacity of the indoor seating area.
(8)
To calculate parking capacity, the minimum parking standards for restaurants shall be used. The Planning Board may reduce or increase the number of parking spaces based on projected peak demand of both the indoor and outdoor dining areas. The Planning Board shall establish any conditions necessary to limit use of the facility commensurate with parking capacity.
(9)
The Planning Board shall consider the need for additional bathroom facilities to accommodate the needs of additional dining patrons.
K.
Planned residential development.
(1)
Planned residential development regulations and procedures.
(a)
It is the intent of residential development within these district regulations to provide flexible land use and design through the use of performance criteria on designated areas of land programmed for more intense and sophisticated use of land within the Village and to incorporate a variety of residential use types, when acceptable to the Planning Board, with nonresidential uses containing privately owned sites and common property as planned unit.
[Amended 4-1-1999 by L.L. No. 1-1999]
(b)
Such a planned development is to be designed and organized so as to permit the site to function without necessarily requiring the supportive services of adjacent neighborhoods. This section encourages innovation in residential development that will meet the demand for housing for young married couples, senior citizens and existing residents who no longer desire to maintain a large one-family house.
(2)
Objectives. A planned residential development will achieve the following objectives:
(a)
A variety of housing types and ownership capabilities shall be provided in the Village.
(b)
Usable open space and recreation facilities shall be provided for use by residents of any planned residential development.
(c)
Accessory facilities may be located within the site, where appropriate.
(d)
Outstanding topographical, geological and water resource features shall be preserved.
(e)
A creative and staged development of land which allows for an orderly transition from vacant to occupied use.
(3)
General design requirements.
(a)
Minimum requirements. The minimum bulk requirements for the parent parcel shall be as specified in the Table of Bulk Requirements.[1]
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(4)
Ownership. The tract of land may be owned, leased or controlled by a single person, corporation or association of individuals or corporations. In the case of multiple ownership, a plan, once approved, shall be binding on all owners.
(5)
Uses.
(a)
Residential uses. Residences may be a mix of single-family detached, single-family attached or multiple dwellings. However, any parcel to be developed as a planned residential development 10 acres in size or greater shall conform to the following:
[1]
Not less than 50% of the total number of dwelling units shall be available as individual unit ownership.
[2]
Not more than 40% of the total number of dwelling units shall be in multiple-residence development which has common floors and ceilings.
[3]
Not more than 25% of the total number of dwelling units shall be zero- and one-bedroom residences.
(b)
Accessory commercial, service and nonresidential uses. Accessory commercial, service and other nonresidential uses may be permitted or required for parcels 10 acres in size or greater. Nonresidential development shall be restricted to office, retail, personal or nonpersonal service uses, designed to service the PRD and the immediate environs.
(6)
Permitted number of dwelling units. A planned residential development shall be permitted the following number of dwellings, as follows:
(a)
The gross area of the land to be included in the PRD shall be calculated, subtracting any land constrained by development limitations, in accordance with § 120-18.
(b)
The adjusted gross area of land shall be divided by the minimum lot area (in square feet) for single family dwellings as set forth in the applicable district to determine the basic number of full residential units permitted.
(c)
Unit equivalency.
[1]
For planned residential developments, the actual number of residences permitted shall be based on the following unit equivalency, subject to the overall limit of 2.5 dwelling units per adjusted gross acre:
Bedroom Count | Equivalent Dwelling | |
|---|---|---|
0 | 0.25 | |
1 | 0.33 | |
2 | 0.50 | |
3 | 0.75 | |
4 | 1.00 |
[2]
The term "bedroom" refers to each additional room of 100 square feet of floor area or greater in excess of space permanently allocated for kitchen, dining area, living area, bath facilities and storage spaces of less than 90 square feet in each permanent storage space.
(7)
Common property in the planned residential development. Common property in the planned residential development is a parcel or parcels of land, including a privately owned road or roads, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property shall be private unless a specific agreement is reached with the Village Board. When common property exists in private ownership, the owners shall grant easements over, under and through such property to the Village as are required for public purposes; also, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service parking and recreational facilities.
(8)
Design standards. Unless otherwise indicated in the resolution of special use permit approval of the planned residential development, compliance with the following standards shall be required:
(a)
The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, to topography, to public convenience and safety in their appropriate relation to the proposed uses of the land to be served by said streets; whether public or private, said streets shall conform to all other street and road specifications of the Village.
(b)
Access. All uses shall have access to a public or private street, except residences, which need not front on a street but must have access thereto via a court, walkway or other areas dedicated to public use or owned and maintained by a permanent nonprofit civic association or corporation.
(c)
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special use. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent development.
(d)
Off-street parking and loading requirements. One off-street parking space shall be provided for each zero- and one-bedroom units, and an additional 0.5 spaces shall be provided for each additional bedroom thereof. In addition, 0.25 parking spaces per dwelling unit shall be provided for visitor parking. Loading areas shall be provided, the extent and location to be determined by the Planning Board. In addition:
[1]
No parking space shall be located in any yard fronting on a Village street or within 15 feet of any lot line, inside, rear or side yards. No parking spaces shall be located within 15 feet of any wall or portion thereof.
[2]
Parking areas shall be screened by a vegetative buffer, substantial hedge, evergreens or fence or wall six feet in height.
[3]
Wherever space is provided for the parking of 10 or more vehicles in the open, such spaces shall be individually identified by means of pavement markings.
[4]
No automotive service of any kind, including repair or fueling, shall be permitted within common parking areas. Said uses are only permitted in private garages or driveways.
[5]
The storage of any oil, gasoline, grease or automobile supplies is prohibited.
(e)
Usable open space. Six hundred square feet of open space shall be provided for each zero- and one-bedroom unit, and an additional 300 square feet of open space shall be provided for each additional bedroom thereof. Of this total, 100 square feet of active recreational areas shall be provided for each bedroom. The Planning Board shall determine the appropriate type of recreational facility to be provided, based on the anticipated population segments to reside in the development.
(f)
No building shall exceed 160 feet in length, and there shall be a five-foot offset for each 40 feet or part thereof. In the case of attached or row dwellings, the maximum number of dwelling units in a group of row dwellings shall be six.
(g)
The minimum distance between principal buildings shall be equal to 1 1/2 times the height of the highest building. Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet, and its depth shall not exceed its width.
(h)
The ground and vicinity of buildings shall be provided with decorative landscape materials subject to Planning Board approval.
(i)
Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment.
(9)
Application and review. Planned residential developments shall be subject to site plan review and approval by the Planning Board.
L.
Nursery and child day-care facilities.
(1)
Not more than 20 children are in attendance. The minimum gross floor area shall be 1,000 square feet, or 100 square feet per child, whichever is greater.
(2)
There are no cooking facilities; only cold refreshments are to be served.
(3)
There are a minimum of two bathrooms.
(4)
The school shall be located on the ground floor of a structure only.
(5)
The nursery or day-care center shall not be located in a private family residence.
(6)
A minimum of 75 square feet per child of outdoor fenced children's play area shall be provided. Said play area shall be screened from adjoining properties with a ten-foot buffer of evergreen landscaping or fencing to be approved by the Planning Board.
(7)
One parking space shall be provided for each three children, plus an adequate, off-street dropoff/pickup area.
(8)
Any nursery facility shall be registered with the New York State Department of Education, and any day-care facility shall be licensed by the New York State Department of Social Services.
M.
Destination hotel.
(1)
The destination hotel, including principal building or any accessory guesthouses, shall be situated 100 feet from the nearest lot line.
(2)
In addition to the minimum lot size requirement of 16 acres, there shall be no more than eight rooms in the principal structure.
[Amended 4-1-1999 by L.L. No. 1-1999]
(3)
For detached guest units, cabins or cottages, an additional 40,000 square feet shall be provided per unit.
(4)
Recreational facilities shall meet the standards for commercial recreation facilities provided for in § 120-28C of this chapter. Bulk requirements shall be in addition to those required for the guest units or rooms.
(5)
Guest cabins and cottages shall be separated from each other or other principal structure a minimum distance of 40 feet.
(6)
One parking space shall be provided per employee, and 1.5 spaces shall be provided per guest room or guest unit. Parking spaces shall be provided adjacent to or in close proximity to the unit or room.
(7)
A central dining facility may be provided in a principal building. Separate bathroom facilities shall be provided for each guest room and guest unit.
(8)
As part of site plan review, the Planning Board shall take into consideration the potential visual impact to the Greenwood Lake viewshed and the Appalachian Trail. To the greatest extent practicable, buildings shall be situated on terraces or flat portions of the site, to limit disturbance to on-site slopes. Grading and cutting into hillsides shall be limited to the greatest extent practicable. The full extent of clearing shall be illustrated on the site plan, and clear-cutting shall not be permitted.
(9)
One freestanding sign, a maximum size of 20 square feet, shall be permitted at the entrance of the resort hotel. The site plan shall include a sign plan indicating the content and design of all other identification and directional signs.
(10)
In addition to the main entry, an emergency access location shall be provided unless otherwise waived by the Planning Board based on the recommendation of the Village Fire Inspector or other fire official charged with reviewing site plans.
(11)
A landscaping plan shall be submitted with the site plan, particularly emphasizing landscape treatments for each entry into the development.
(12)
A stormwater and sediment control plan shall accompany the site plan.
(13)
Water for the destination hotel and all accessory uses shall be supplied by the Village of Greenwood Lake.
(14)
A sewage disposal plan shall be submitted, indicating the method of treatment for the destination hotel, including adequate disposal of wastes generated by the sleeping accommodations and all other accessory uses. Where guest units are to be constructed, the site plan shall illustrate a location for individual sewage disposal systems for each guest unit, based on the number of bedrooms per guest unit and assuming year-round occupancy of same. Said location shall take into consideration minimum distances required for residential dwellings and the ability of soils to accommodate said system.
N.
Funeral homes.
(1)
A ten-foot-wide landscaped area shall be provided along street lines, excluding points of ingress and egress, and property lines adjacent to existing residential uses. When any such use is adjacent to a residential district or abuts a residential property, a ten-foot-wide vegetative screen shall be erected and maintained along such property lines. All surfaces of walls or fences shall be finished, vine covered or otherwise improved by the use of planting.
(2)
Where a funeral home abuts a residential property or residential district, the Planning Board may impose limitations on the hours of operation to minimize traffic disturbance to the neighborhood.
(3)
Overflow on-street parking shall not be permitted on streets within residential zoning districts.
O.
Gasoline filling station.
(1)
The site shall have frontage of at least 100 feet on a public road.
(2)
No station shall be located closer than 200 feet to a school, public recreation area, church or any place of public assembly designed for the simultaneous use by more than 100 persons. The said distance is to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(3)
Ingress and egress points shall be defined by the use of poured-in-place concrete curb sections and radii and shall be designed to provide for safe and convenient travel without the potential for traffic backing onto the public travel way. Access points shall be located a minimum of 100 feet from the intersection of designated street lines. Entrance and exit driveways shall have an unrestricted width of not less than 16 feet and not more than 20 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.
(4)
Canopies shall be set back a minimum of 20 feet from any roadway right-of-way, and gas pumps and/or pump islands shall be set back a minimum distance of 25 feet from any such right-of-way.
(5)
All lighting shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves of buildings and/or at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or the public right-of-way.
(6)
Operations outside the building shall be limited to the dispensing of gasoline, oil, water and tires, and the sale of minor items or parts. No outside display of products shall be permitted, including vehicles for sale. All storage and display of merchandise and supplies, including candy, gum, soft drinks, coffee, cigarettes or other similar items, must be conducted within the building, except that of automotive petroleum products and additives and supplies incidental to the pump-island service, which may be displayed outdoors.
(7)
A ten-foot-wide landscaped area shall be provided along street lines, excluding points of ingress and egress, and property lines adjacent to existing residential uses. When any such use is adjacent to a residential district or abuts a residential property, a wall or fence eight feet in height or a vegetative screen composed of a double row of evergreens staggered eight feet on center with six feet distance between rows (initially six feet in height, but capable of reaching 10 feet in height within three years), shall be erected and maintained along such property lines. All surfaces of walls or fences shall be finished, vine covered or otherwise improved by the use of planting. The Planning Board may waive this requirement if it deems that other architectural or landscaping treatment, including the retention of existing natural features, is more in the public interest and is more protective of the adjacent property.
(8)
All landscaped areas which are crossed by access drives may be planted with low shrubs no greater than three feet high and trees with a branching habit not less than eight feet high. No planting shall cause a hazardous condition by interfering with the line of sight needed for safe entering and exiting maneuvers by motor vehicles.
(9)
The premises shall be maintained at all times in a clean and orderly condition. The responsibility for compliance shall lie with all parties having a lease or ownership interest in such use.
(10)
At no time shall any unregistered or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building or a totally enclosed and fully screened outdoor adjunct thereto. No car and truck rentals shall be permitted. No vehicles may be sold or advertised for sale on the premises.
(11)
The storage of gasoline or flammable oils shall comply with all New York State regulations restricting same and shall be located fully underground and not nearer than 15 feet to any property line, except the street line.
(12)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials shall be stored in an enclosure adjacent to the building in which repairs occur. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of nor above the height of such enclosure. The dumpsters shall be emptied in a timely manner.
P.
Docks when such use is not accessory to a residential use. As there exist within the Village of Greenwood Lake, Inc., certain parcels of real property, which are adjacent to the waters of Greenwood Lake, and which are too small to comply with the area and bulk requirements to allow a residential use, as otherwise set forth in the Code, a dock may nonetheless be constructed upon the same as a special use subject to the following individual standards and considerations:
[Added 6-12-2000 by L.L. No. 1-2000]
(1)
The proposed dock must otherwise comply with the area and bulk requirements as previously set forth in § 120-15 of this Code.
(2)
The use of any such dock, permitted under this subsection, is limited to the owner of the real property; or the leaseholder, when such leaseholder leases such, property together with another property, or properties, titled under the same name, and which are contiguous and separated by a road, or public thoroughfare.
(3)
No property, for which a dock is permitted under this subsection, may be rented, leased, or subject to any commercial use, or subject to any activity which is intended to generate a profit, except such property may be leased together with another property, or properties, titled under the same name, and which are contiguous and separated by a road, or public thoroughfare.
(4)
Any such permit as may be granted pursuant to this subsection will expire unless renewed, upon application to the Planning Board, at the time of transfer of interest in the subject real property.
(5)
Any such permit as may be granted pursuant to this subsection, will expire after three years unless renewed, upon application to the Planning Board.