Maybrook City Zoning Code
ARTICLE III
District Regulations
§ 210-6 Residence and agriculture districts.
A.
Within any Residential Agriculture District or any Residence District, a building, structure or lot shall only be used for one of the uses indicated in Table of Use Regulations[1] for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of the Table of Dimensional Regulations.[2] In addition, such use shall also comply with all other applicable provisions of this chapter.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
Residence and agriculture districts use regulations. See the Residence and Agriculture Districts Table of Use Regulations included at the end of this chapter.
C.
Residence and agriculture districts dimensional regulations. See the Residence and Agriculture Districts Table of Dimensional Regulations included at the end of this chapter.
§ 210-7 Business and industrial districts.
A.
Within any business or industrial district, except in the B-SC District, a building, structure or lot shall only be used for one of the uses indicated in the Table of Use Regulations[1] for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of the Table of Dimensional Regulations.[2] Also, the Table of Dimensional Regulations for an RM-1 Multi-Family Residence District shall apply to all multiple dwelling uses in B-2 Village Business Districts. In a B-SC District, multiple uses on a single lot are permitted, provided that all uses on the premises are permitted uses in the B-SC District.
[Amended 6-23-2003 by L.L. No. 3-2003]
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[2]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
B.
Business and industrial districts use regulations. See Business and Industrial Districts Table of Use Regulations included at the end of this chapter.
C.
Business and industrial districts dimensional regulations. See Business and Industrial Districts Table of Dimensional Regulations included at the end of this chapter.
§ 210-7.1 Senior Citizens Housing (R-SC) District.
[Added 7-14-1997 by L.L. No. 1-1997]
A.
Purpose and findings.
(1)
It has been determined by the Board of Trustees that:
(a)
Many residents of the Village of Maybrook and the surrounding areas have reached an age where their housing requirements are separate and distinct from younger residents of the Village and surrounding areas.
(b)
Our senior citizens require an adequate supply of suitable and adequate housing within the Village, designed to meet their special housing needs at reasonable cost and to provide suitable and appropriate social, cultural and recreational activities.
(c)
As a result of the special characteristics of senior citizens, housing designed to meet their needs will have fewer impacts upon roads, schools, water, sewer and other aspects of public infrastructure.
(d)
Such housing will enable them to stay within the Village and reside close to their children and continue their contributions towards making the Village of Maybrook an active, vibrant and healthy community.
(e)
The adoption of special district regulations is necessary to encourage the preservation of existing senior citizen housing resources and may be extended by the Board of Trustees in appropriate instances as a floating zone to encourage development of new senior housing developments in the Village.
(2)
Therefore, the Board of Trustees, recognizing that it is in the public interest to adopt zoning that encourages the development and preservation of such housing in appropriate locations within the Village and that the development and preservation of such housing, when implemented pursuant to the requirements and standards set forth in this law, will promote the overall health, welfare and safety of the residents of the Village, does adopt and enact the following provisions as § 210-7.1 of the Code of the Village of Maybrook.
B.
Uses. In the R-SC Residential District, no building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected or altered for any use or occupancy, unless otherwise provided in this chapter, except for the following:
(1)
Permitted uses.
(a)
Senior citizen housing project: existing buildings and lands used for the provision of three or more senior citizen dwelling units that were developed pursuant to senior citizen housing programs of the United States Department of Housing and Urban Development and which are occupied in conformance with the occupancy requirements and guidelines of such programs in effect at the time of adoption of this provision.
(2)
Special exception uses.
(a)
Senior citizen development: a residential development containing senior citizen dwelling units. The development shall be designed as one or more multiple residence dwellings for use and occupancy by senior citizens, which may be constructed in one or more phases, and which may be developed in the form of townhouses, garden apartments or similar attached dwelling units. The plan of development shall provide for any common areas and facilities to be managed by a single management entity, such as a condominium association, homeowners association or management company.
(b)
Accessory buildings and uses necessary to and customarily incidental to the principal use as a senior citizen development, including:
[1]
Related offices and facilities for maintenance, administration or sales; professional and medical offices rendering services primarily for the benefit of the occupants.
[2]
Recreation, social or cultural facilities designed for such dwelling units, which shall be used by occupants of such units and their guests.
[3]
Laundry and other utility rooms and structures; garages.
C.
Age requirements and exceptions. Prior to final site plan approval, the developer or owner of a senior citizen development use in the R-SC Residential District shall provide legally enforceable covenants and restrictions, in recordable form, which shall establish to the satisfaction of the Village Board and the Village Attorney that occupancy of all proposed senior citizen dwelling units will be limited to persons who are 55 years of age or older or by a person or persons who meet one of the following criteria:
(1)
Although they themselves are not over 55 years of age, they will be residing in the same dwelling unit with a spouse or other member of his or her immediate family who is over 55 years of age.
(2)
Although an adult not 55 years of age, when the primary care physician of an eligible person certifies that it is essential that such person reside in the same dwelling unit as the eligible person in order to provide for the care of such person.
(3)
Persons meeting the eligibility qualifications and standards for occupancy of senior citizen units funded by a federal program for senior citizen housing.
D.
Site development procedures. In the R-SC Residence District, no building, structure or land shall be used, erected, altered, enlarged or maintained unless it is in accordance with a site plan approved by the Village of Maybrook Planning Board in accordance with the requirements of this chapter. Such application shall be in addition to any subdivision approval that may be required by the Subdivision Regulations of the Village of Maybrook.[1] (*NOTE: The required site plan elements shall include, where appropriate, those related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as any additional elements specified by the Village Board of Trustees in the Village site plan regulations.)
(1)
Site plan requirements. The site plan for a senior citizen development shall meet the following special requirements:
(a)
Minimum area of five acres.
(b)
Maximum residential density of 15 senior citizen units per acre.
(c)
The habitable floor area for a senior citizen dwelling unit shall not be less than 600 square feet nor more than 950 square feet.
(d)
A senior citizen dwelling unit shall not include more than two rooms designed for use as bedrooms.
(e)
An average ratio of bedrooms per unit shall be calculated by dividing the total number of bedrooms in the senior citizen development by the total number of dwelling units and shall not exceed 1.5 bedrooms per unit.
(f)
Lot coverage by buildings and structures shall not exceed 35% of the gross area of the lot area comprising the proposed use.
(g)
The senior citizen development shall be served by municipal water and sewer services.
(h)
Height of buildings and structures shall conform to the requirements of § 210-12C of this Code. Chimneys, skylights, antennas and other normal and customary appurtenances necessary to meet the needs of the residents of the project and usually placed above the roof may be erected to such minimum height as is necessary to accomplish their function, provided that they present no hazard to residents or property.
(i)
No building or structure, other than gatehouses, walls or fences shall normally be placed within 30 feet of any exterior boundary of the property, except that the Planning Board may approve the placement of a garage or parking area in a front, side or rear yard upon finding that such location is desirable and will not adversely impact upon adjoining properties.
(j)
One and one-half off-street parking spaces shall be provided for each senior citizen dwelling unit. In the event that an applicant demonstrates to the satisfaction of the Planning Board that the spaces required by this standard are excessive, the Board may approve a site plan providing for the construction of a lesser number of spaces, provided that adequate provision is made to reserve area sufficient to provide for the construction of sufficient spaces to meet this requirement and the applicant agrees to establish a performance surety sufficient to ensure additional spaces can be constructed and to maintain that surety for three years after construction of the parking areas. In addition, one space shall be provided for every employee on the premises of the development or its accessory uses during the peak employment shift.
(k)
One or more areas for active and/or passive outdoor recreation activities suitable for the residents of the senior citizen development shall be provided on the site plan and shall be improved, constructed and maintained by the developer of the senior citizen development, homeowners association or the entity responsible for property management. The minimum area of indoor and outdoor recreation areas shall be an amount equivalent to 350 square feet per dwelling unit. In the event that the applicant submits a recreation study and plan that the Planning Board deems adequate to demonstrate that a lesser amount of recreational area and facilities will be sufficient to meet the anticipated needs of the residents, the Planning Board may approve a site plan for such less amount and may include such appropriate conditions as in its judgment are warranted to ensure that additional facilities can be constructed if necessary.
(l)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
(m)
The Planning Board may, when reasonable, modify or waive any requirements required for approval of a site plan submitted pursuant to this section. Any such waiver shall be granted only upon a written determination by the Planning Board setting forth the basis for its finding that in the particular case that such requirements are not necessary or desirable in the interest of the public health, safety or general welfare or that they are inappropriate to the circumstances of the particular site plan.
(2)
Special use requirements. In considering an application for a permit for a senior citizen development use, the Planning Board shall consider the following standards, and no permit shall be issued unless the Planning Board makes written findings that these standards have been met:
(a)
That the proposed senior citizen development is in harmony with the overall objectives of this chapter and of this section in particular and that it will not adversely affect the neighborhood if the requirements of this chapter are met.
(b)
With respect to the design of dwelling units, parking areas, lighting, means of access such as stairs and walkways, recreational and social facilities and grading of the site, that the site plan has been planned and designed to accommodate the special needs of senior citizens for safe and convenient access and mobility within and without the site.
(c)
That the architectural design of dwelling units, buildings and other structures is consistent and in harmony with the architectural character of the immediate neighborhood and the Village and that the design of the development avoids the characteristic appearance of an institutional use.
(d)
That taking into account the nature of the proposed use, that the proposed means of access, the amount and arrangement of off-street parking, stormwater discharge and on-site lighting will not adversely impact upon adjoining properties.
(e)
That the project sponsor has proposed an agreement, covenants and restrictions or another form of legally effective control deemed acceptable by the Village Board as sufficient to ensure that the proposed dwellings will be used as senior citizen dwelling units.
(f)
That the project sponsor has demonstrated that the proposed development will be economically viable and that it will meet the needs of senior citizens residing in the Village of Maybrook and the region surrounding the Village.
(g)
That the developer has proposed an acceptable system for certifying that senior citizen units will be occupied by persons meeting the requirements of this section and has agreed that certificates of occupancy for any senior citizen dwelling units authorized pursuant to this section shall include a condition terminating the certificate of occupancy if the unit is not occupied by an eligible person in accordance with the requirements of this section. In the event of the death of the only eligible person occupying a senior citizen dwelling unit, noneligible persons also occupying the unit may remain in occupancy until the end of the term of the lease in effect at the death of the eligible person and the certificate of occupancy shall remain effective until the end of that period.
(h)
All certificates of occupancy issued pursuant to this section for a senior citizen dwelling unit shall terminate upon the sale or transfer of a unit owned in fee or the termination, assignment or sublease of a lease or similar occupancy agreement with an eligible person. A new certificate of occupancy shall be issued upon submission of a completed application to the Building Inspector by the owner or lessor, demonstrating that the unit will be occupied by an eligible person, and payment of any fees.
(i)
The Planning Board shall have the authority to impose such other reasonable conditions and restrictions as are directly related to and incidental to the proposed senior citizen development use. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village.
(j)
The Planning Board, when reasonable, may waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval pursuant to this section. Any such waiver shall be granted only a written determination issued by the Planning Board setting forth the basis for its finding that in the particular case such requirements are not necessary or desirable in the interest of the public health, safety or general welfare or that they are inappropriate to a particular special use permit application.
§ 210-7.2 Business-Shopping Center (B-SC) District.
[Added 6-23-2003 by L.L. No. 3-2003]
A.
Purpose and findings.
(1)
It has been determined by the Board of Trustees that:
(a)
The Village should have a separate shopping center district with regulations that maximize the insulation of shopping centers from residential neighborhoods and increase the array of permitted uses that modern shopping centers require to compete and survive.
(b)
Unlike neighborhood businesses, shopping centers require automobile traffic for their survival, and so they must be situated on large sites near primary arterial highways where they will not generate excessive environmental impacts that spill into nearby neighborhoods.
(c)
Experience has shown that shopping centers can successfully combine a wide variety of uses that are desirable for the community and that permitting nontraditional uses in the B-SC Zone will not have a negative impact on the Village.
(d)
To the greatest practical extent, the shopping center district regulations are intended to permit all uses that are permitted and specially permitted in the B-2 (Village business) and B-4 (highway commercial) Zoning Districts, and to permit accepted shopping center designs containing a blend of uses on a single lot, and dispensing with the former requirement that every new tenant requires site plan approval. The B-SC Zoning District is intended to be the vehicle for encouraging adaptation of local zoning to accommodate modern commercial uses in one or more buildings that comprise a unified shopping center.
(e)
Existing shopping centers in particular must have support from the community to adapt to modern competitive challenges. Regulations should not unnecessarily interfere with a shopping center maintaining a desirable mix of tenant uses, nor should physical improvements to existing shopping center buildings be discouraged.
(f)
Unlike regulations applicable in other zoning districts, a shopping center should be permitted to have numerous uses on the premises, including pads for bank and restaurant uses, as experience shows that such facilities can be appropriately designed without adverse impacts resulting thereby.
(g)
To the extent permitted by law, zoning laws applicable to shopping centers in the Village of Maybrook should be construed to effect the purposes stated herein.
(2)
Therefore, the Board of Trustees, recognizing that it is in the public interest to adopt zoning that encourages the development of shopping centers that have flexible use regulations that may not be appropriate in other neighborhoods, does adopt and enact the following provisions as § 210-7.2 of the Code of the Village of Maybrook.
B.
Permitted uses. In the B-SC Business-Shopping Center District, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected or altered for any use or occupancy, unless otherwise provided in this chapter, except for the following permitted uses:
Animal hospital |
Arena, assembly hall |
Automobile laundries |
Bank |
Bowling alley |
Commercial public recreation uses not otherwise permitted |
Community center |
Day care |
Eating establishments |
Filling station |
Funeral home |
Fire station |
Flea market, wholesale |
Health club or fitness facility |
Hotel |
Membership club, nonprofit |
Motel |
Motor vehicle |
Municipal office or other governmental building of similar character |
Nursery school |
Office: business, professional or utility |
Parking garage |
Personal service shop |
Philanthropic |
Public library |
Radio or television (broadcasting) studio |
Repair garage |
Repair shops for household and/or personal appliances |
Restaurant |
Retail store or shop |
Shop for custom work |
Tavern |
Theater |
Veterinarian |
Vocational school |
Wholesale store |
§ 210-7.3 Conformity of B-SC uses.
[Added 6-23-2003 by L.L. No. 3-2003]
Existing shopping centers lawfully in existence and occupied for such use at the time that this law is adopted shall be considered conforming uses if located within the B-SC District. Thereafter, no site plan or special use approvals shall be required to continue such use in existing structures.
§ 210-7.4 Off-street parking in B-SC Zone.
[Added 6-23-2003 by L.L. No. 3-2003]
Each parking space shall be at least 9 feet wide and 18 feet long and shall be clearly delineated. There shall be provided 4.5 parking spaces for each 1,000 square feet of gross leasable floor area of the shopping center.
§ 210-7.5 Traditional Downtown Design (TDD) District.
[Added 2-26-2018 by L.L. No. 1-2018]
A.
Purpose and findings. The Traditional Downtown Design (TDD) District is intended to implement the goals and design principles relative to the development of a sustainable, pedestrian-friendly, traditional downtown design for the Village, including the development of new structures and uses with appropriate architectural designs and the conservation and enhancement of the character of existing buildings, sites, streetscapes and pedestrian environments. These regulations serve to encourage development that reflects and/or retains valuable elements of the Village's history and the promotion of a vibrant commercial environment providing an array of amenities, services, and resources essential to the neighborhood and community shopping needs of the Village of Maybrook. The regulations include design controls to insure a compatible relationship to adjacent residential neighborhoods, and assurance that infrastructure impacts will be mitigated. This is accomplished by the establishment of design and use standards that apply to new facades, existing facades when changes are proposed, sites and buildings. The review procedures serve to preserve, restore and enhance these resources, improve property values, promote and support a vibrant business and residential environment.
B.
Incentives and incentive standards. Bulk standards and allowable density may be modified in order to achieve a cohesive design that takes advantage of shared parking and recreational resources consistent with a traditional downtown where public benefits as described hereafter are achieved as part of an application for development within the TDD District. Bulk standards may be reduced and permissible density increased as follows:
(1)
Parking. In exchange for the public incentives identified in Subsection C below, the Planning Board shall vary the parking requirements of this chapter as follows:
(a)
Parking for residential dwelling units shall be provided at the following reduced minimum rates: one space for every studio unit, 1.25 spaces for every one-bedroom unit, and 1.5 spaces for every two-bedroom unit. If the total parking required includes a fraction of a parking space, the total shall be rounded up to the next whole number.
(c)
Required off-street parking spaces may be provided off site, but shall be provided at a point not more than 500 feet distant in a direct line from the nearest part of any commercial use served, and at a point not more than 1,000 feet distant in a direct line from the nearest part of any residential use served.
(d)
The driveways provided for access to a required off-street parking area shall be not less than 18 feet and not more than 20 feet in width between curbs for two-way operation, and not more than 10 feet and not more than 12 feet in width for one-way operation. No parking shall be permitted within the required minimum width of any such driveway.
(e)
Where 50 or more parking spaces are provided, the Planning Board may permit tandem parking, provided tandem spaces shall not exceed 20% of the required parking, and shall only serve two-bedroom residential uses or employee parking for commercial uses.
(2)
Building height. In exchange for the public incentives identified in Subsection C below, the maximum permitted building height may be increased by the Planning Board to four stories and no more than 45 feet, subject to an additional twelve-foot step-back of that portion of the building facade facing the street above the third story or at a height of 32 feet, whichever is less.
(3)
Density. In exchange for the public incentives identified in Subsection C below, there shall be no maximum density standard, provided that the floor area ratio and required minimum parking standards are met, and provided that the floor area of each dwelling unit shall be not less than 500 square feet. However, no apartment shall have more than two bedrooms.
C.
Public incentives sought. In order to receive the relief described in Subsection B, the following public incentives must be included as part of the plan to be approved by the Planning Board:
(1)
The lot must reserve 40% of the lot area rearmost on the site or as otherwise located and approved by the Planning Board, for public use by an easement to the Village of Maybrook. Said easement, in such form as is acceptable to the Village Attorney, shall bind the lot owner and its successors and assigns to permit the paving and/or improvement of such area and interconnection of such area with similar areas on adjacent lots to allow for the use of the area for parking, emergency access, public assembly, recreation or other reasonable public purposes as shown on a downtown community facilities public improvement plan adopted by the Board of Trustees after a public hearing and notice by certified mailing to the lot owner. In the absence of an adopted downtown community facilities public improvement plan or if the Village defers improvements in accordance with such plan, such reserved area may be improved by the lot owner to meet its parking requirement or otherwise improved, but any such improved parking or other facilities must be kept generally available to the public on an ongoing basis and may be reduced, eliminated or modified in accordance with an approved downtown community facilities public improvement plan.
(2)
At the time of Planning Board approval, the applicant must pay to the Village a fee equal to half of the construction cost of parking varied by these incentive provisions. The value of such construction cost shall be determined by the Planning Board, upon recommendation of the Village Engineer. The Village of Maybrook shall hold such fee amounts in a separate or earmarked account for the purpose of the Village providing public facility improvements in the TDD District in accordance with a downtown community facilities public improvement plan.
(3)
The lot must provide easements to the Village of Maybrook allowing for the use of any and all site driveways to access the reserved public use area. Said easements, in such form as are acceptable to the Village Attorney, shall bind the lot owner and its successors and assigns.
(4)
Sidewalks at least 10 feet in width shall be constructed by the developer along all public street frontages between the curbline and the proposed structures for the purpose of pedestrian circulation.
(5)
Sidewalks at least five feet in width shall be constructed by the developer along all internal site driveways and shall be clearly demarcated where they cross any driveways.
(6)
Easements shall be granted to the Village of Maybrook allowing for curb cuts and site driveways to be eliminated if and when adjacent properties become developed.
D.
Application and review procedure.
(1)
An application for development in the TDD District shall contain the information required in §§ 210-43, 210-49 and 210-62, as applicable, and shall include scaled drawings and architectural design information indicating location, specification of materials, dimensions, colors, manner of fabrication and installation, and such other additional supporting facts and information as required by the Planning Board. Presentation of samples of the exterior architectural materials and colors shall be provided, unless the Planning Board waives the presentation of samples, in whole or in part, as being unnecessary given the materials or colors involved.
(2)
No permits shall be issued by the Building Department or Building Inspector except upon applicable site plan and/or special exception use permit approval by the Planning Board.
(3)
Any special exception use permit or site plan approval for which a building permit has not been issued within one year from the date of approval shall become null and void unless the Planning Board, upon timely application and good cause shown, grants not more than three one-year extensions of the expiration date.
E.
Reviewing authority.
(1)
The Planning Board shall review and determine compliance with the standards of the TDD District for the following uses permitted by special exception use permit and/or site plan approval as follows:
(a)
Those special exception uses of buildings and/or property as listed on the Business and Industrial Districts Table of Use Regulations.
(b)
Construction of buildings, structures, and accessory structures, including additions and alterations to existing buildings and structures, resulting in an increase in gross building floor area of more than 1,000 square feet or an increase in building area coverage of more than 500 square feet.
(c)
Construction, reconstruction or alteration of a building facade, including signage that exceeds 30% of the vertical plane area of any individual facade or portion of a facade visible from within the TDD District from any public street, roadway, pedestrian walkway or park.
(d)
Construction of new or modification of existing driveways, parking areas, outside storage, signage, lighting, landscaping, fences, walls, pedestrian walks and terraces, and related site features, that exceeds 2,000 square feet or 30% of the site area.
F.
Exemptions. The following projects and activities shall be exempt from review under this section:
(1)
Minor repairs and/or minor alterations, maintenance or replacement of portions of an existing building, structure, sign, utility service or other structures and site features. "Minor repairs, alterations, maintenance or replacements" shall mean those that would result in no significant impact on the design, function, architectural character or visual appearance of the building, structure or property.
(2)
Exterior architectural modifications that do not substantially alter the existing height, bulk or facade of an existing building or structure and do not increase the building floor area.
(3)
New signage not exceeding five square feet in area, provided that all signage comply with Article VI.
(4)
Changes in use of a building or structure in a permitted TDD District use, requiring no change to the building exterior or site not otherwise exempt, provided that the parking demands of the new use are not greater than the existing use.
(5)
Interior modifications that do not result in a change in use of the building.
G.
Design review.
(1)
Purpose and intent.
(a)
While this chapter determines what uses are appropriate as well as the location and density of both residential and nonresidential development, the manner in which these uses are designed and developed can be even more important and will have a lasting effect on the Village downtown's appearance, function and the quality of life of its residents. A traditional pedestrian-scale atmosphere is sought, together with buildings that can stand alone or can be cohesively designed and integrated as row-buildings.
(b)
Design guidelines provide a basis for planning, design and evaluation of development proposals in the TDD District. They are intended to assist residents, developers, design professionals, and the Planning Board with the review and approval of projects. The guidelines clarify what is expected and acceptable, thereby simplifying and speeding up the site plan approval process for both applicants and the Planning Board. In its review, the Planning Board has the authority to require any design elements in the guidelines as a condition of approval.
(2)
Prior to or concurrent with approval of any site plan or special permit for a site or structure within the TDD District, the Planning Board shall make a determination that the proposed site plan or special permit is generally consistent with the TDD District design guidelines, included as Appendix A to this chapter.[1] The Planning Board shall require the applicant to submit such plans, elevations, architectural renderings, and other details as are necessary to judge the exterior appearance of the site.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
The Planning Board is authorized to waive any lot area or building requirement of this chapter where doing so will increase an application's compliance with the standards contained within the design guidelines.
§ 210-8 Prohibited uses.
A.
In all districts, no building, structure or lot shall be used in whole or in part for any of the following uses:
Any trade, business, industry or process which is noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, 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. |
Billboard. |
Dump, automobile wrecking yard or junkyard. [Amended 10-15-2019 by L.L. No. 3-2019] |
Explosives or gunpowder manufacture. |
House trailers or mobile homes used for residential purposes, except in those districts specifically permitting house trailers or mobile homes. [Amended 10-8-1993 by L.L. No. 4-1993] |
Lighting facilities of any kind where the light source is visible from outside the property lines, where glare is created beyond the property lines or which create public hazards. |
Open-air retail sales establishments other than those specifically permitted in the Table of Use Regulations.[1] |
Rear dwelling. |
Recreation center devices, such as sky rides, Ferris wheels, roller coasters and shooting galleries, except on a temporary permit issued by the municipality. |
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
B.
Adult entertainment uses are specifically prohibited in all residential zoning districts and the B-SC District in the Village of Maybrook, and shall be deemed not to be included within the ambit of permitted uses and special exception uses now in force in any residential zoning district and the B-SC Zoning District. Adult entertainment uses shall be a separate use distinguished from all other permitted uses in the Village. The Board of Trustees has determined, after due study of evidence of adverse impacts of such adult entertainment uses in other cities and villages, that such uses are known to erode property values and lead to increased criminal activity in neighborhoods after such uses are introduced, and enacts this subsection for the express purpose of preventing such deterioration of neighborhoods and consequent loss of property value and risk to personal safety of persons in such neighborhoods, and finds that no other less restrictive means exist to achieve that public purpose. It is expressly not the intention of the Board of Trustees to regulate such uses based on the content of expression or to preclude particular avenues of expression.
[Added 5-10-2004 by L.L. No. 5-2004]