New Rochelle City Zoning Code
ARTICLE XII
Special Permit Uses
§ 331-86 General provisions.
Special permit uses for which conformance with additional requirements is mandated by this chapter shall be deemed to be permitted 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.
§ 331-87 Approving agencies.
[Amended 7-16-2002 by Ord. No. 139-2002; 5-21-2003 by Ord. No. 106-2003; 7-15-2003 by Ord. No. 167-2003; 4-20-2004 by Ord. No. 90-2004; 5-19-2005 by Ord. No. 118-2005; 5-19-2005 by Ord. No. 120-2005; 6-14-2005 by L.L. No. 2-2005; 6-14-2005 by Ord. No. 135-2005; 10-20-2009 by Ord. No. 199-2009; 3-23-2010 by Ord. No. 55-2010; 2-15-2011 by Ord. No. 43-2011; 3-20-2012 by Ord. No. 50-2012; 5-20-2015 by Ord. No. 112-2015; 3-15-2016 by Ord. No. 77-2016; 3-15-2016 by Ord. No. 75-2016; 9-20-2016 by Ord. No. 189-2016; 7-18-2017 by Ord. No. 152-2017; 9-19-2017 by Ord. No. 187-2017; 12-12-2017 by Ord. No. 251-2017; 6-19-2018 by Ord. No. 2018-127; 2-12-2019 by Ord. No. 2019-42; 5-21-2019 by Ord. No. 2019-105; 2-11-2020 by Ord. No. 2020-29; 5-18-2021 by Ord. No. 2021-63; 7-18-2023 by Ord. No. 2023-142; 10-15-2024 by Ord. No. 2024-165; 1-21-2025 by Ord. No. 2025-19; 6-17-2025 by Ord. No. 2025-108]
The approving agency for special permit uses shall be as follows:
A.
City Council.
(1)
(2)
The City Council shall have the authority in the Water Related District to approve special permit uses, as listed in § 331-50.
(3)
The City Council shall have the authority in the Planned Waterfront Development - 3-Story District to approve special permit uses, as listed in § 331-51.
B.
Planning Board.
(1)
The Planning Board shall have authority to approve the following listed special permit uses, in addition to any other specially permitted uses not specifically identified in this section:
(b)
Accessory waterfront structures (bulkheads, docks, floats, piers, etc.) as regulated by § 331-107.
(d)
In the RMF-2.0 District: stores and shops exclusively for sales at retail or the performance of customary personal services; business, professional or governmental offices; and restaurants.
(e)
Medical and dental offices in residential district within 250 feet of an H Hospital District as regulated by § 331-92.
(f)
Bars and cabarets in the MUFE Zoning District, and the Vanguard Overlay Zone as regulated by § 331-61A.
(g)
Catering halls.
(h)
Family entertainment center in MUFE District.
(m)
Motor vehicle storage area as regulated by § 331-104. [For off-street parking adjacent to nonresidence districts, see § 331-126E(5).]
(o)
Funeral parlors.
(p)
Self-storage facilities.
(s)
Outdoor storage of motor vehicles in the LI District.
(v)
Play grounds, swimming pools, tennis courts and recreation buildings owned by a neighborhood association.
(x)
Conversion of buildings used for hospital-related housing as regulated by § 331-46C(7).
(aa)
Multifamily Uses in the R1-WF-10 District.
(bb)
eSports.
(cc)
Craft beverage production facilites as regulated by § 331-113.10.
(dd)
Day-care centers.
(ee)
Restaurants with extended hours in the North Avenue College District as regulated by § 331-113.11.
(ff)
Nonresidential uses in the RMF-SC-4.0 Zone noted in § 331-44C(8) through (15).
(gg)
Tasting rooms as regulated by § 331-113.12.
(hh)
Discount variety stores as regulated by § 331-113.13.
(nn)
Massage establishment.
C.
D.
Building Official. The Building Official shall have the authority to approve special permit applications pursuant to Article XXI and § 331-54.2C(3).
§ 331-88 Procedure.
[Amended 7-16-2002 by Ord. No. 139-2002; 6-14-2005 by L.L. No. 2-2005]
A.
Application. Applicants shall submit a preliminary special permit use application to the Bureau of Buildings prior to formal submission of a complete special permit use application to the approving agency, except that valet operations subject to Article XXI, and Tandem Parking subject to § 331-54.2C(3), are not subject to this subsection of the code. All formal applications shall be submitted to the approving agency in advance of the meeting at which they are to be considered in accordance with the appropriate procedure. An application shall be considered officially submitted at such meeting, provided that the approving agency determines such application to be complete. If not, such application shall be rejected. The special permit application shall include an application for site plan, including required fees associated with such site plan review, which meets the requirements of § 331-117, as well as a written statement describing the nature of the proposed use and how it will meet the requirements of this chapter. If such special permit application involves only interior changes to building with no changes to use or exterior changes to building, a site plan application shall not be required.
[Amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 112-2015; 3-15-2016 by Ord. No. 75-2016]
B.
Review and decision. Review shall be in accordance with the following procedure:
(1)
Review by other agencies. Upon acceptance of a complete application, the approving agency shall within 10 days forward copies for review and report to such other agencies and officials of the City as it deems appropriate. All such agencies and officials shall be given 30 days from the date of forwarding to submit their reports and/or comments. In addition, copies shall be forwarded, with the notice of public hearing, to the Westchester County Planning Board and to the clerks of abutting municipalities when required by law.
(2)
Compliance with SEQRA. All applications shall be in compliance with the provisions of the State Environmental Quality Review Act under Article 8 and its implementing regulations.
(3)
Public hearing. A public hearing on an application for a special permit use shall be held by the approving agency within 62 days of the date that a complete application is received.
(4)
Notice.
(a)
Notice of such hearing and of the substance of the application shall be given by the City by publication in the official newspaper at least 10 days before the date of such hearing. A copy of such notice shall also be transmitted to the applicant. The applicant must notify any property owner within 250 feet of the boundary of the property which is the subject of the application by sending a copy of the notice of hearing by certified mail, return receipt requested, to such neighboring property owners whose names appear as the owners of record in the Office of the Assessor of the City of New Rochelle. Such notice shall be mailed not less than seven days before the date of the public hearing. The applicant shall file with the approving agency a duly sworn affidavit attesting that such property owners were so notified. The affidavit shall be filed not fewer than three days prior to the date of the public hearing.
(b)
In addition, the applicant shall post a sign on the property which is the application on or before 15 days prior to the first date of public hearing and shall remove such sign within two days following such hearing. The sign shall be obtained from the Department of Development and shall be at least 30 inches by 20 inches, consist of sturdy and serviceable material containing a white background with black letters and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts but in no case more than 20 feet back from the front lot line. Such sign shall be not more than three feet above the ground and shall read as follows, in legible lettering at least two inches:
"THE USE OF THIS SITE IS PROPOSED TO BE CHANGED AS FOLLOWS: (DESCRIBE PROPOSED CHANGE). THIS MATTER IS SUBJECT TO PUBLIC HEARING AT CITY HALL ON (GIVE DATE AND TIME)." |
(c)
Prior to the first public hearing on the application, the applicant shall submit a notarized statement to the approving board certifying full compliance with the requirements set forth above.
(5)
Action. Within 45 days of the date that the public hearing is closed, the approving agency shall make its decision and shall file with the Building Official a written report setting forth the facts of the case and its findings, conclusions and decisions on the application. The approving agency may only authorize the issuance of a special permit where it finds that all standards of this chapter have been met or a variance therefrom has been granted.
(6)
Extension of time periods. The applicant may grant extensions of any of the above stipulated time limits; provided, however, that any extension of time granted to an official or agency making a report to the approving agency shall equally extend any time limit for the approving agency.
(7)
The Planning Board's failure, if any, to comply with any of the procedures set forth herein shall not be deemed approval of the application.
§ 331-89 General standards.
[Amended 6-14-2005 by L.L. No. 2-2005]
All special permit uses shall comply with the following standards in addition to all other requirements of this chapter. The approving agency shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to insure initial and continual conformance to all applicable standards and requirements of this or other applicable codes.
A.
The location and size of the special permit 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 are such that it will be in harmony with the appropriate and orderly development of the area in which it is located.
B.
The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other such characteristics than would be the operations of permitted uses not requiring a special permit.
D.
The Department of Development shall render an advisory opinion to the approving agency, on the request of such agency, with respect to traffic, planning and other factors relating to an application for a use allowed by special permit in this zoned district or any less restrictive zoned district.
§ 331-90 Specific standards and requirements.
[Amended 6-14-2005 by L.L. No. 2-2005]
The following standards and requirements are hereby established for specific special permit uses. They must, as applicable, be met before issuance of a special permit.
§ 331-91 Establishment of new or expansion of existing universities, colleges and private school campuses in residential districts.
A.
Application for a special permit shall be made by the university, college, or private school.
B.
A special permit shall be required for a new or the expansion of an existing university, college and private school campus in residential districts. Expansion shall include the merger of lots adjacent to the existing campus.
[Amended 11-15-2016 by Ord. No. 233-2016; 4-19-2017 by Ord. No. 80-2017]
(1)
A campus site plan shall be required that includes a facility-wide site plan, and related narrative at a suitable level of detail to describe specific land uses within the campus that are existing and a schedule for development for those uses that are proposed. The site plan shall include the graphic illustration of major buildings, internal roadways (including circulation pattern), parking areas, open spaces, recreational fields, dormitories, classrooms that includes a tabular calculation of building square footage, number of parking spaces, and percent of open space.
(2)
The institution shall be chartered by the Board of Regents of the State of New York and shall be operated in accordance with the requirements of the New York State Education Department.
(3)
The minimum site area shall be in no case less than the minimum site area standards as recommended for public schools by the New York State Department of Education.
(4)
The total building coverage of all principal and accessory buildings shall not exceed 25% of the total campus area.
(5)
Outdoor playing fields shall be set back from neighboring streets and property lines by at least 50 feet and shall be screened from public view with fencing and/or buffer landscaping, all in accordance with § 331-119B of this chapter.
(6)
The minimum number of off-street parking and loading spaces shall be provided in accordance with the requirements of Article XIV of this chapter.
(7)
Exterior lighting shall be so placed and shielded as to reflect the source of light away from residential property and be limited to illuminating the subject property without spilling over across property boundaries.
(8)
If the proposed use is an expansion of the educational use, then the applicant must show the need to expand into a residential area rather than into a less restrictive business area. No special permit shall be granted by the City Council unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed.
C.
The City Council, in considering the request for a special permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the neighboring residents and the City.
§ 331-92 Medical and dental offices in residential districts.
§ 331-93 Domiciliary care facilities.
No office of a professional person shall be permitted except for the treatment of residents of the facility itself.
§ 331-94 Clubs in commercial districts.
A.
The organization shall be a membership corporation as defined in § 102 of the Not-for-Profit Corporation Law of the State of New York. Its facilities shall only be used by members and their personal guests.
B.
The setback of any buildings or structures from any residential district or property line shall be a minimum of 250 feet.
C.
The hours of operation shall be limited to 6:00 p.m. to 2:00 a.m.
§ 331-95 Outdoor dining.
In addition to complying with all of the requirements of Chapter 267 of the Code of the City of New Rochelle regarding sidewalk cafes, the following additional requirements shall be met:
A.
Outdoor dining in conjunction with any bar or nightclub is specifically prohibited, with the exception of those located in the Vanguard Overlay Zone.
[Amended 10-15-2024 by Ord. No. 2024-165]
B.
The approving agency may prohibit or limit the hours of operation of any activities which could cause an adverse impact on adjacent or nearby residential properties, such as unreasonable noise emanating from the outdoor dining area.
C.
No exterior lighting, in excess of 0.5 footcandle, shall be permitted which would cause illumination beyond the boundaries of the property on which it is located. Hours of lighting shall be limited by the approving agency.
D.
Off-street parking spaces shall be provided as required for restaurants in § 331-126 of this chapter, except that where outdoor seating will be in the form of a sidewalk cafe on public property, no additional off-street parking need be provided. Further, no additional parking shall be required if restaurant is compliant with § 331-126D(4).
[Amended 7-17-2018 by Ord. No. 2018-159]
E.
Within the Downtown Overlay Zone, outdoor dining shall be permitted on an adjacent parcel to the primary use parcel, either in part or in full, subject to the following conditions:
[Added 10-15-2024 by Ord. No. 2024-165]
(1)
A legally binding agreement between the owners of the primary use parcel and the adjacent parcel must be executed, permitting the use of the adjacent parcel, either in part or in full, for outdoor dining purposes.
(2)
The agreement must be submitted to the Department of Development and the Department of Buildings for review and approval.
(3)
The outdoor dining area on the adjacent parcel shall comply with all applicable zoning, safety, and accessibility requirements as set forth in this chapter.
(4)
The use of the adjacent parcel for outdoor dining shall be considered an accessory use to the primary use parcel.
§ 331-96 Greenhouses, nurseries and arboretums.
A.
The minimum lot size shall be two acres.
B.
A list of articles to be grown on the premises shall be filed with the Building Official before the time of planting, and no other produce shall be sold or offered for sale on the premises.
C.
All buildings and structures shall be set back at least 60 feet from any property line.
D.
Fertilizer may be stored not less than 50 feet from any property line.
§ 331-97 Amateur radio towers.
A.
Radio towers for licensed amateur radio stations shall not exceed 75 feet in height above the established grade, and shall be located in the rear yard.
B.
The radio tower shall be set back from any lot line a distance equal to no less than 1/2 of its height.
C.
The tower shall have either a smooth, nonclimbable surface to a height of 10 feet above grade or else a six-foot high fence with a locked gate completely enclosing the tower and located within 10 feet of it.
D.
The radio tower shall be a commercially manufactured type with published specifications, standards and stresses.
E.
The base of the tower shall have a footprint no greater than four feet by four feet for retracting or collapsible antenna towers, and no greater than three feet six inches by three feet six inches for stationary or permanent towers.
F.
Guy wires shall be provided as necessary for structural stability and shall terminate at structure not less than 10 feet above grade.
§ 331-98 Satellite earth stations and dish antennas
This section is enacted to regulate the installation of satellite dishes based on legitimate safety and aesthetic objectives without unreasonably limiting or preventing satellite signal reception or imposing excessive costs on the users of satellite antenna equipment.
A.
Permit required. After the effective date of this section and except as otherwise herein provided, it shall be unlawful and a violation of this section for any person to erect, construct, relocate, reconstruct, display or maintain, or cause to be erected, constructed, displayed or maintained within the City of New Rochelle, any satellite antenna without first having obtained a written building permit from the Building Official. All dish antennas installed prior to the effective date of this section shall be registered with the Building Official within four months of the effective date of this section and shall be brought into compliance with the provisions of this section within one year of its effective date.
B.
Exempt antennas. Antennas meeting the following standards and specifications are exempt from the requirements of this section.
(1)
Common skeletal-type radio and television antennas used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations.
(2)
Parabolic dish antennas under three feet in diameter.
(3)
Amateur radio antennas, except any parabolic dish antennas over three feet in diameter.
C.
Submissions required for permit approval. A plan in sufficient detail and accuracy so as to depict the placement and all component parts of the antenna shall be prepared by a registered professional engineer or registered architect which shall include following site specific data:
(1)
The location of property lines and permanent easements including metes and bounds.
(2)
The location of all structures on the site and all structures on any adjacent property within 10 feet of the subject property lines.
(3)
The location of all utility poles above- and below-ground utility lines, trees or other natural or artificial structures.
(4)
Any proposed guy wires or enclosures.
(5)
The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures.
(6)
The dimensions of said satellite antenna, including its width, depth and height and any appurtenant structures.
(8)
A written statement showing the name of the owner or the person in control of the building(s) on the premises where such satellite antenna is to be located and the authority to obtain a permit.
(9)
A written statement that he/she has obtained all other licenses, permits and approvals required by law for erection, construction, installation and operation of such satellite antenna.
(10)
Such other information as the Building Official may reasonably require to show compliance with the provisions of this section.
D.
Issuance of permit, criteria and performance standards. The Building Official may issue a building permit for the construction and installation of a satellite antenna, provided that the following regulations and standards are met:
(1)
Except as provided in Subsection E herein, satellite antennas shall be located in the rear yard only. Satellite antennas installed accessory to a one- or two-family dwelling, or on property adjacent to property that either contains a one- or two-family dwelling or is zoned for such, shall be no closer than 25 feet to the side and rear lot lines. When measuring side and rear setbacks, all cables, wires or other supports shall constitute a part of the antenna. There shall be no required setback between a satellite antenna and a building located on the same lot. Front yard installation of satellite antennas is prohibited.
(2)
No portion of a satellite antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.
(3)
Satellite antennas shall be located in an area which will optionally mitigate their visibility from surrounding properties and public roadways. Moreover, a freestanding dish antenna shall be screened (may rotate) as practicable in light of the purchase and installation cost of the equipment, through the use of architectural features, earth berms, landscaping or other screening which will harmonize with the character of the property and surrounding area.
(4)
The height of a satellite antenna shall be measured vertically to the highest point of the antenna when positioned in its most vertical position.
(5)
A freestanding satellite antenna shall not exceed 15 feet in height above ground level.
(6)
No satellite antenna shall exceed 10 feet in diameter.
(7)
No more than one satellite antenna shall be permitted on any lot.
(8)
All satellite antennas shall be designed, constructed and installed in compliance with all building, electrical, fire prevention and other applicable codes, rules, regulations or performance standards of the City or any other governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission (FCC).
(9)
All electrical wiring associated with any satellite antenna shall be buried underground, placed in a conduit or concealed in a manner acceptable to the Building Official.
(10)
Satellite antennas shall not be brightly colored, reflective, shiny or otherwise obtrusive; their color shall be compatible with the surrounding areas and buildings.
E.
Roof-mounted satellite antennas. Roof-mounted construction and installation of satellite antennas shall be allowed as of right in nonresidentially zoned areas pursuant to the standards contained herein. For residentially zoned property where usable satellite signals cannot be received by locating the satellite antenna in the rear yard of the property, such antenna may be placed on the roof of a building, if a registered professional engineer, registered architect or radio frequency engineer provides sufficient information that locating the satellite antenna in the rear yard in conformance with the specifications of this section would obstruct the antenna's reception window or otherwise excessively interfere with reception by not allowing receipt of at least 70% of the available programming, and such obstruction or interference involves factors beyond the applicant's control; or the cost of meeting the specifications of this section is excessive, given the purchase and installation cost of the satellite antenna. Any construction and installation of roof-mounted satellite antennas shall meet the following standards:
(1)
The construction and installation of a roof-mounted satellite antenna must be designed so as not to pose a threat to people and property. The load distribution within the building's roof and/or a wind velocity test shall be provided by a registered engineer where deemed necessary by the Building Official. The owner of such antenna shall assume complete liability in case of personal injury or property damage.
(2)
Where a satellite antenna is to be installed on a pitched roof, where possible, it shall be installed on that side of the pitched roof not facing any public or private road. Where a satellite antenna is to be installed on a flat roof, where possible, it shall be installed on that portion of the roof which is least visible from any public or private road. All rooftop installation shall be consistent with neighboring improvements, uses and architectural character as much as possible.
(3)
A satellite antenna mounted on a roof or building shall not exceed 12 feet in height, nor shall any such antenna project more than six feet above the peak or highest point of the roofline.
(4)
Where feasible, taking into consideration structural, architectural and cost factors, roof-mounted satellite antennas shall be installed with parapets and/or an architecturally compatible screening plan.
F.
Appeal and variance procedure.
(1)
All appeals and all applications for variances from the regulations herein contained shall be referred to and determined by the Board of Appeals on Zoning in accordance with its usual procedures with regard to public notice and hearing.
(2)
The Board of Appeals shall have authority to vary or modify the regulations contained herein in cases where it is satisfied that compliance therewith will not provide adequate reception or will impose undue costs considering the cost of purchasing and installing the satellite antenna; provided, however, that such relief will not be detrimental to the district in which the satellite antenna is located, and the Board may set such conditions and safeguards as it considers necessary and appropriate.
G.
Penalties for offenses. Any neglect, failure or refusal to comply with any provisions of this section shall be deemed a violation thereof, and any person who shall so violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $500 for each offense. Each and every day such violation shall continue will constitute a separate offense.
§ 331-99 Wireless telecommunications facilities.
[Amended 1-15-2002 by Ord. No. 21-2002]
A.
Purpose and legislative intent.
(1)
The Telecommunications Act of 1996 affirmed the City of New Rochelle's authority concerning the placement, construction, and modification of wireless telecommunications facilities. The City of New Rochelle finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character, and environment of the City and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. In order to insure that the placement, construction or modification of wireless telecommunications facilities is consistent with the City's land use policies, the City is adopting a single, comprehensive wireless telecommunications facilities application and permit process. The intent of this chapter is to minimize the negative impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of New Rochelle.
(2)
In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this chapter, the City hereby adopts an overall policy with respect to a special permit for wireless telecommunications facilities for the express purpose of achieving the following goals:
(a)
Implementing an application process for person(s) seeking a special permit for wireless telecommunications facilities.
(b)
Establishing a policy for examining an application for and issuing a special permit for wireless telecommunications facilities that is both fair and consistent.
(c)
Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers.
(d)
Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
(e)
To protect the appearance and property value of neighborhoods, minimize conflict with adjacent uses and the surrounding area and to assure the health and safety of the public.
(f)
Minimize the total number and height of New Towers throughout New Rochelle.
[Amended 5-21-2003 by Ord. No. 106-2003]
(g)
Provide standards and requirements for the regulation, placement, design, appearance, construction, monitoring, modification, and removal of telecommunications facilities and towers.
(h)
Locate towers so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise, and falling objects.
(i)
Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify telecommunications facilities.
B.
Definitions.
(1)
For purposes of this section, and where not inconsistent with the context of a particular subsection, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
(2) ACCESSORY FACILITY OR STRUCTURE ANTENNA APPLICANT APPLICATION BASE STATION(a) (b) (c) BOARD CITY COLLOCATION COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE COMPLETED APPLICATION FAA FALL ZONE FCC FRONT FACADE AREA HEIGHT MODIFICATION; SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE(a) (b) (c) (d) (e) NEW TOWER NIER PERSON PERSONAL WIRELESS FACILITY PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS SMALL WIRELESS TELECOMMUNICATIONS FACILITY(a) (b) (c) (d) (e) (f) SPECIAL PERMIT STEALTH or STEALTH TECHNOLOGY STATE TELECOMMUNICATIONS TELECOMMUNICATION SITE TELECOMMUNICATIONS STRUCTURE TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS TOWER or TOWER or TELECOMMUNICATIONS SITE or PERSONAL WIRELESS FACILITY or FACILITY
As used in this section, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to, utility or transmission equipment storage sheds or cabinets.
An apparatus designed for the purpose of emitting or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services. This definition does not include antennas designed for amateur or household use.
[Amended 4-21-2020 by Ord. No. 2020-46]
Any person submitting an application for a special or administrative special permit for wireless telecommunications facilities.
[Amended 4-21-2020 by Ord. No. 2020-46]
All necessary and appropriate documentation that an applicant submits in order to request review of a special permit for wireless telecommunications facilities.
The same as defined by the FCC at 47 CFR § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation:
[Added 4-21-2020 by Ord. No. 2020-46]
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration [including Distributed Antenna Systems (DAS) and small cell networks].
The New Rochelle Planning Board.
The City of New Rochelle New York.
The mounting of one or more wireless telecommunications facilities on a preexisting structure, or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure.
[Amended 4-21-2020 by Ord. No. 2020-46]
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.
An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
The Federal Aviation Administration, or its duly designated and authorized successor agency.
The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material. This distance is required as a setback from an adjoining property line for a new tower or for a new antenna on an existing tower.
The Federal Communications Commission, or its duly designated and authorized successor agency.
The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of the structure to the public right-of-way.
[Added 4-21-2020 by Ord. No. 2020-46]
When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightening protection device.
A modification to an existing wireless telecommunications facility substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria:
[Amended 4-21-2020 by Ord. No. 2020-46]
For communications towers or base stations outside the public rights-of-way, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for small wireless telecommunications facilities in the rights-of-way, it increases the height of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers or base stations outside the public rights-of-way, it protrudes from the edge of the communication tower or base station by more than 20 feet, or more than the width of the Tower structures at the level of the appurtenance, whichever is greater; for those Small Wireless Facilities in the public rights-of-way, it protrudes from the edge of the structure by more than six feet;
It involves the installation of more than two new equipment cabinets for the technology involved, not to exceed four cabinets;
It entails any excavation of deployment outside the current site of the small wireless telecommunications facility, communications tower, or base station; or
It does not comply with conditions associated with prior approval of construction or modification of the small wireless telecommunications facility, communications tower, or base station unless the noncompliance is due to an increase in height, increase in width, or addition of cabinets.
A freestanding structure designed and built to support wireless telecommunications facilities, including monopoles, lattice construction, steel structures, structures that employ camouflage technology, and similar structures.
[Added 5-21-2003 by Ord. No. 106-2003]
Nonionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996 Telecommunications Act.
A telecommunications facility, installed within the City's right-of-way, that meets the following criteria:
[Added 4-21-2020 by Ord. No. 2020-46]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume;
All other wireless equipment associated with the facility (excluding antennas) are cumulatively no more than nine cubic feet in volume but may be increased up to 28 cubic feet in volume if the applicant shows that such dimensions are required to provide wireless service and that no less intrusive means of providing such wireless service is technically feasible;
The facilities do not require antenna structure registration under 47 CFR Part 17;
The facilities shall involve no more than one standard equipment cabinets for the technology; and
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
The official document or permit by which an applicant is allowed to construct and use wireless telecommunications facilities as granted or issued by the Board.
To minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
The State of New York.
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in the definition of "wireless telecommunications facilities."
Temporary in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than 90 days.
Includes a structure, facility or location designed or intended to be used as, or used to support, antennas or other transmitting or receiving devices. This includes but is not limited to towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multistory building, church steeple, silo, water tower, sign or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC, but not expressly exempt from the City's siting, building and permitting authority, excluding those used exclusively for the City's fire, police or exclusively for private, noncommercial radio and television reception and private citizen's bands, amateur radio and other similar noncommercial telecommunications where the height of the facility is below the height limits set forth in this chapter.
C.
Special permit application and other requirements.
(1)
All applicants for a special permit for wireless telecommunications facilities or any modification of such facility shall comply with the requirements set forth in this section. The Board is the officially designated agency or body of the City to whom applications for a special permit for wireless telecommunications facilities must be made, and as such is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special permits for wireless telecommunications facilities. The City may, at its discretion, delegate or designate other official agencies of the City to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special permits for wireless telecommunications facilities.
(2)
An application for a special permit for wireless telecommunications facilities shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application and shall agree to remove any existing violations and make all existing telecommunications facilities compliant, in terms of safety issues, with all applicable local, state and federal telecommunications codes prior to issuance of any certificate of occupancy or compliance for a new facility. At the discretion of the Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
Applications not meeting the requirements stated herein or which are otherwise incomplete, may be rejected by the Board.
(4)
The applicant shall include a statement in writing:
(a)
That the applicant's proposed wireless telecommunications facilities shall be maintained in a safe manner, and in compliance with all conditions of the special permit, without exception, unless specifically granted relief by the Board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable City, state and federal laws, rules, and regulations.
(b)
That the construction of the wireless telecommunications facilities is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.
(5)
No wireless telecommunications facilities shall be installed or constructed until the application is reviewed and approved by the Board, and the special permit has been issued.
(6)
All applications for the construction or installation of new wireless telecommunications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. The application shall include the following information:
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003]
(a)
Documentation that demonstrates the need for the wireless telecommunications facility to provide service primarily and essentially within the City, with service to adjacent municipalities to not exceed 40% of the total area to be covered by the proposed facility. Such documentation shall include propagation studies and maps of the proposed site and all other planned, proposed, in-service or existing sites in the City and in all contiguous municipalities. If the applicant is addressing a capacity issue, documentation must be submitted to include but not be limited to the following: usage and forecasted or present blockage; call volume, drive-test data and results, including date of test, locations of tests, and signal strength results; and any other technical pertinent information;
(b)
The name, address and phone number of the person preparing the report;
(c)
The name, address, and phone number of the property owner, operator, and applicant, and to include the legal form of the applicant;
(d)
The postal address and tax map parcel number of the property;
(e)
The Zoning District or designation in which the property is situated;
(f)
Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines;
(g)
The location of nearest residential structure;
(h)
The location, size and height of all structures on the property which is the subject of the application;
(i)
The location, size and height of all proposed and existing antennas and all appurtenant structures;
(j)
The type, locations and dimensions of all proposed and existing landscaping, and fencing for a New Tower;
(k)
The number, type and design of the New Tower(s) and antenna(s) proposed and the basis for the calculations of the New Tower's capacity to accommodate multiple users;
(l)
The make, model and manufacturer of the New Tower and antenna(s);
(m)
A description of the New Tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;
(n)
The frequency, modulation and class of service of radio or other transmitting equipment;
(o)
The actual intended transmission and the maximum effective radiated power of the antenna(s);
(p)
Direction of maximum lobes and associated radiation of the antenna(s);
(q)
Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC. Information will include but not be limited to requirements under OET-65 or other pertinent information;
(r)
Certification that the proposed antenna(s) will not cause interference with other telecommunications devices;
(s)
A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(t)
Certification that a topographic and geomorphologic study and analysis has been conducted for the New Tower, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the New Tower on the proposed site; and
(u)
Any other documentation required by the Board and/or its expert necessary to review the application.
(v)
Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state.
(7)
In the case of a New Tower, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the City. Copies of written requests and responses for shared use shall be provided to the Board in the application, along with any letters of rejection stating the reason for rejection.
[Amended 5-21-2003 by Ord. No. 106-2003]
(8)
The applicant shall certify that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all local, City, state and federal structural requirements for loads, including wind and ice loads.
(9)
The applicant shall certify that the wireless telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(10)
An applicant shall be required to submit a long-form environmental assessment form and a visual addendum in compliance with the State Environmental Quality Review Act. Based on the results of the analysis, including the visual addendum, the City may require submission of a more detailed analysis. The scope of the required environmental and visual assessment will be reviewed at the preapplication meeting.
[Amended 5-21-2003 by Ord. No. 106-2003]
(11)
The applicant shall furnish a visual impact assessment, which shall include:
(a)
A zone of visibility map which shall be provided in order to determine locations from which the tower may be seen.
(b)
Pictorial representations of before and after views from key viewpoints both inside and outside of the City as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. Guidance will be provided concerning the appropriate key sites at a preapplication meeting.
(c)
An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets as relates to the need or appropriateness of screening.
(12)
The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related facilities and structures of the proposed wireless telecommunications facilities.
(13)
Any and all representations made by the applicant to the Board on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Board.
(14)
All utilities at a wireless telecommunications facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(15)
All wireless telecommunications facilities shall contain a demonstration that the facility be sited so as to be the least visually intrusive as reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunications facility.
(16)
Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings, this shall include the utilization of stealth or concealment technology as may required by the Board.
(17)
At a site of a New Tower, an access road, turnaround space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.
[Amended 5-21-2003 by Ord. No. 106-2003]
(18)
A person who holds a special permit for wireless telecommunications facilities shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted wireless telecommunications facilities in strict compliance with all current applicable technical, safety and safety-related codes adopted by the City, state, or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(19)
A holder of a special permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant.
(20)
An applicant shall submit to the Board the number of completed applications determined to be needed at a preapplication meeting.
[Amended 5-21-2003 by Ord. No. 106-2003]
(21)
The applicant shall examine the feasibility of designing the New Tower to accommodate future demand for at least five additional commercial applications, for possible future collocations. The New Tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, by the Board, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the New Tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:
[Amended 5-21-2003 by Ord. No. 106-2003]
(a)
The foreseeable number of FCC licenses available for the area;
(b)
The kind of wireless telecommunications facilities site and structure proposed;
(c)
The number of existing and potential licenses without wireless telecommunications facilities spaces/sites;
(d)
Available space on existing and approved towers.
(22)
Shared use.
[Amended 5-21-2003 by Ord. No. 106-2003]
(a)
The owner of the proposed New Tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the New Tower by other wireless service providers in the future, and shall:
[1]
Respond within 60 days to a request for information from a potential shared-use applicant;
[2]
Negotiate in good faith concerning future requests for shared use of the New Tower by other telecommunications providers;
[3]
Allow shared use of the New Tower if another telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the New Tower or equipment to accommodate a shared user without causing electromagnetic interference.
(b)
Failure to abide by the conditions outlined above may be grounds for revocation of the special permit for the New Tower.
(23)
There shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the City's consultants to prepare for and attend the preapplication meeting will be borne by the applicant.
(24)
The holder of a special permit shall notify the City of any intended modification of a wireless telecommunication facility and shall apply to the City to modify, relocate or rebuild a wireless telecommunications facility.
(25)
In order to better inform the public, in the case of a New Tower, the applicant shall, prior to the public hearing on the application, hold a balloon test. The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three feet in diameter brightly colored balloon at the maximum height of the proposed New Tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the City. The applicant shall inform the City, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 4:00 p.m. on the dates chosen. The primary date shall be on a weekend, but in case of poor weather on the initial date, the secondary date may be on a weekday.
[Amended 5-21-2003 by Ord. No. 106-2003]
(26)
The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the New Tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration Regulation Part 77. This requirement shall be for any New Tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.
[Amended 5-21-2003 by Ord. No. 106-2003]
D.
Location of wireless telecommunications facilities.
(1)
Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, provided the setbacks set forth in Subsection J below are met, Subsection D(1)(a) being the highest priority and Subsection D(1)(h) being the lowest priority.
[Amended 5-21-2003 by Ord. No. 106-2003; 10-19-2005 by Ord. No. 236-2005]
(a)
On existing towers and existing buildings on City owned property, other than public parks;
(b)
On existing towers and existing buildings with existing wireless telecommunications facilities in commercially and industrially zoned districts without increasing the height of the tower or building;
(c)
On existing towers and existing buildings with existing wireless telecommunications facilities in mixed-use, college-related, and residentially zoned districts in that order of sub-priority without increasing the height of the tower or building;
(d)
On existing buildings without existing wireless telecommunications facilities in industrial, commercial, mixed-use, college- and college-related, and residentially zoned districts in that order of sub-priority without increasing the height of the building;
(e)
On New Towers in industrially and commercially zoned districts where the New Tower can be sited in such a way as to be set back at least 250 feet from the nearest property line of a lot zoned and used for residential purposes and where visual mitigation will be provided;
(f)
On New Towers on City-owned property other than public parks;
(g)
On New Towers on country clubs, cemeteries, public utility sites, open space preserves (other than public parks), government owned properties, nurseries or vacant property under single ownership, where such sites are at least eight acres in area, where the New Tower can be sited in such a way as to be set back at least 250 feet from the nearest property line of a lot zoned and used for residential purposes and where visual mitigation will be provided; and
(h)
On New Towers on railroad, highway or other public rights-of-way where the proposed tower can be sited in such a way as to be set back at least 250 feet from the nearest property line of a lot zoned and used for residential purposes and where visual mitigation will be provided.
(2)
If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.
(3)
An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Board why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.
(4)
Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interest of the health, safety and welfare of the City and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood.
(5)
The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority and demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the application.
(6)
Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may disapprove an application for any of the following reasons.
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with the historic nature or character of a neighborhood or historical district;
(c)
The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;
(d)
The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers;
(e)
Conflicts with the provisions of this chapter.
(7)
If a site is proposed for other than one of the locations on the list provided in Subsection D(1) above, in their respective order, then the applicant must demonstrate by competent evidence to the satisfaction of the Board that the preferred locations on such list within the service range established by the Board were thoroughly investigated and that such locations are not feasible and cannot provide the applicant adequate coverage.
E.
Shared use of wireless telecommunications facilities and other structures.
(1)
Locating on existing towers or other structures without increasing the height shall be preferred by the Board, as opposed to the construction of a New Tower. The applicant shall submit a comprehensive report inventorying existing towers and other suitable structures within four miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and demonstrate conclusively why an exiting tower or other suitable structure cannot be used.
[Amended 5-21-2003 by Ord. No. 106-2003]
(2)
An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.
(3)
Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
F.
Height of New Tower(s).
[Amended 5-21-2003 by Ord. No. 106-2003]
(1)
The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
(2)
The maximum height of a New Tower shall be the minimum height necessary to provide service to locations within the City of New Rochelle, but in no case shall the height exceed 80 feet above average grade level, unless the applicant can demonstrate to the satisfaction of the Board that a greater height is necessary.
(3)
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter and shall be of a material or color which matches the exterior of the tower or tall building.
(4)
Directional or panel antennas shall not exceed six feet in height or two feet in width and shall be of a material or color which matches either the exterior of the tower or tall building on the sky tone above and beyond.
(5)
Satellite and microwave dish antennas shall not exceed six feet in diameter and, when building- or rooftop-mounted, shall be located or screened so as not to be easily visible from abutting public streets.
(6)
Building-mounted antennas should be located and designed to be an integral part of the building and shall be secured or camouflaged, as necessary or as required by the Board, to minimize visual intrusion to surrounding properties. Any wall-mounted antenna should not extend more than four feet out from the wall.
(7)
No New Tower constructed after the effective date of this section, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with City, state, and/or any federal statute, law, local law, ordinance, code, rule or regulation.
G.
Appearance and visibility of wireless telecommunications facilities.
(1)
Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law.
(2)
New Towers shall be galvanized and painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this chapter.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
H.
Security and noise of wireless telecommunications facilities. All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:
(1)
All antennas, towers and other supporting structures, including guy wires, shall be made inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and
(2)
Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them;
(3)
Equipment shelters in connection with facilities on existing buildings shall be constructed either within the building or on the rooftop in a location secured from the public;
I.
Signage. Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. No other signage, including advertising, shall be permitted, unless otherwise required by federal law.
[Amended 7-16-2002 by Ord. No. 139-2002]
J.
Setbacks.
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003]
(1)
No telecommunications facility or New Tower, including guy-wire anchors and protective fencing, if any, shall be located closer than 500 feet horizontally to any property line of any public, private and/or state chartered preschool, elementary school, or secondary school.
(2)
No telecommunications facility or New Tower, including guy-wire anchors and protective fencing, if any, shall be located closer than 500 feet horizontally to any property line of any nursing home.
(3)
The fall zones for guy wire towers shall be at least four times the tower height. For non-guyed towers, the fall zones shall be one and one-half times the tower height. The Board may allow the fall zones to extend within a neighboring property if it finds that a substantially better design will result from such a reduction. Such neighboring property shall not be developed and will be subject to a legally binding agreement, secured by the applicant, preventing development during the time that New Tower is in place.
(4)
All New Towers and any other proposed wireless telecommunications facility structures shall be set back by the greater of the following distances: the school setback in Subsection J(1) above, the nursing home setback in Subsection J(2) above, the fall zone in Subsection J(3) above, the distance equal to the height of the New Tower or wireless telecommunications facility structure plus 50% of the height of the New Tower or structure, and the existing setback requirement of the underlying zoning district. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.
K.
Retention of expert assistance and reimbursement by applicant.
(1)
The Board and City may hire any consultant and/or expert necessary to assist the Board and City in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification.
(2)
An applicant shall deposit with the City funds sufficient to reimburse the Board and City for all reasonable costs of consultant and expert evaluation and consultation to the Board and City in connection with the review of any application and recertification, including the construction and modification of the site, once permitted. The initial deposit shall be $5,000. The placement of the $5,000 with the City shall precede the preapplication meeting. The City will maintain a separate escrow account for all such funds. The Board's and City's consultants/experts shall invoice the City for its services in reviewing the application or recertification, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the City, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the application or recertification. In the event that the amount held in escrow by the City is more than the amount of the actual invoicing for work performed through the date of issuance of a certificate of occupancy or compliance for the project, the remaining balance shall be promptly refunded to the applicant.
[Amended 5-21-2003 by Ord. No. 106-2003; 2-15-2011 by Ord. No. 43-2011]
(3)
The total amount of the funds needed as set forth in Subsection K(2) of this section may vary with the scope and complexity of the project, the completeness of the application or certification and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.
L.
Requirement to obtain a special permit for wireless telecommunications facilities.
[Amended 5-21-2003 by Ord. No. 106-2003]
(1)
No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of wireless telecommunications facilities as of the effective date of this section without having first obtained a special permit for wireless telecommunications facilities. Notwithstanding anything to the contrary in this section, no special permit shall be required for those noncommercial exceptions noted in the definition of wireless telecommunications facilities.
M.
Public hearing and notification requirements.
(1)
Prior to the approval of any application for a special permit for wireless telecommunications facilities, a public hearing shall be held by the Board, notice of which shall be given pursuant to the requirements set forth in § 331-88B(4) of this chapter.
(2)
The Board shall schedule the public hearing referred to in Subsection M(1) of this section once it finds the application is substantially complete. The Board, at any stage prior to issuing a special permit, may require such additional information as it deems necessary.
[Amended 5-21-2003 by Ord. No. 106-2003]
(3)
In addition, an applicant other than the City shall post a sign on the property proposed for the special permit on or before 15 days prior to the first date of public hearing and shall remove such sign within two days following such hearing. The sign shall be obtained from the Department of Development and shall be at least 30 inches by 20 inches, consist of sturdy and serviceable material containing a white background with black letters and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts but in no case more than 20 feet back from the front lot line. Such sign shall not be more than three feet above the ground and shall read as follows, in legible lettering at least two inches high:
[Amended 2-15-2011 by Ord. No. 43-2011]
"THIS SITE IS PROPOSED FOR ISSUANCE OF A SPECIAL PERMIT AS FOLLOWS (DESCRIBE PROPOSED SPECIAL PERMIT). THIS MATTER IS SUBJECT TO A PUBLIC HEARING BEFORE THE PLANNING BOARD ON (GIVE DATE) AT 7:30 P.M." |
(4)
In addition, an applicant for a new facility on an existing building shall post a copy of the notice of public hearing at least 10 days prior to public hearing in the lobby of the building.
(5)
Prior to the first public hearing on the application, the applicant shall submit a notarized statement to the Clerk of the Planning Board certifying full compliance with the requirements set forth above.
N.
Action on an application for a special permit for wireless telecommunications facilities, commencement and completion of construction.
(1)
The Board shall undertake a review of an application pursuant to this chapter in a timely fashion, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public's interest and need to be involved, and the applicant's desire for a timely resolution.
(2)
After the public hearing and after formally considering the application, the Board may approve, approve with conditions, or deny a special permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the applicant.
(3)
If the Board approves the special permit for wireless telecommunications facilities, then the applicant shall be notified of such approval by resolution of the Board within 10 calendar days of the Board's action. Except for necessary building permits, and subsequent certificates of compliance or occupancy, once a special permit has been approved hereunder, no additional permits or approvals from the City, such as site plan or zoning approvals, shall be required by the City for the wireless telecommunications facilities covered by the special permit. However, the applicant shall submit site plan documents with the standard title-block language for signatures of City officials, prior to application for a building permit.
[Amended 5-21-2003 by Ord. No. 106-2003]
(4)
If the Board denies the special permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within 10 calendar days of the Board's action.
(5)
The applicant shall apply for a building permit for construction pursuant to the special permit and a certificate of occupancy evidencing completion of such construction within 90 and 270 days, respectively, of issuance of the special permit. On a showing of hardship to the Board, such deadline(s) may be extended by the Board but in no event for longer than an additional ninety-day period.
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
O.
Recertification of a special permit for wireless telecommunications facilities.
(1)
Between 12 months and six months prior to the five-year anniversary date after the effective date of the special permit and all subsequent five-year anniversaries of the effective date of the original special permit for wireless telecommunications facilities, the holder of a special permit for such wireless telecommunications facilities shall provide for an extension of any performance security given pursuant to Subsection R herein and shall submit a signed written request to the City's Building Official for recertification. In the written request for recertification, the holder of such special permit shall note the following:
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
(a)
The name of the holder of the special permit for the wireless telecommunications facilities;
(b)
If applicable, the number of the special permit;
[Amended 5-21-2003 by Ord. No. 106-2003]
(c)
The date of the original granting of the special permit;
(d)
Whether the wireless telecommunications facilities have been moved, relocated, rebuilt, or otherwise visibly modified since the issuance of the special permit and, if so, in what manner;
(e)
If the wireless telecommunications facilities have been moved, relocated, rebuilt, or otherwise visibly modified, then whether the Board approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;
(f)
That the wireless telecommunications facilities are in compliance with the special permit and compliance with all applicable codes, laws, rules and regulations; and
(g)
Recertification that the tower and attachments both are designed and constructed and continue to meet all City, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a professional engineer licensed in the state, the cost of which shall be borne by the applicant.
(2)
If, after such review, the Building Official determines that the permitted wireless telecommunications facilities are in compliance with the special permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Building Official shall issue a recertification of the special permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon or that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review, it is determined that the permitted wireless telecommunications facilities are not in compliance with the special permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the Building Official may refuse to issue a recertification special permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of the decision by the Building Official until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the facility.
(3)
If the applicant has submitted all of the information requested and required by this chapter, and if the review is not completed, as noted in Subsection O(2) of this section, prior to the five-year anniversary date of the special permit, or subsequent five-year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special permit for up to six months, for the completion of the review.
(4)
If the holder of a special permit for wireless telecommunications facilities does not submit a request for recertification of such special permit within the time frame noted in Subsection O(1) of this section, then such special permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special permit, or subsequent five-year anniversaries, as the case may be, unless the holder of the special permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the Building Official agrees that there were legitimately extenuating circumstances, then the holder of the special permit may submit a late recertification request or application for a new special permit.
P.
Extent and parameters of special permit for wireless telecommunications facilities. The extent and parameters of a special permit for wireless telecommunications facilities shall be as follows:
(1)
Such special permit shall be nonexclusive;
(2)
Such special permit shall not be assigned, transferred or conveyed without the express written approval of the Board, which shall not be unreasonably withheld. The applicant shall submit an executed assignment and assumption agreement to the Board prior to obtaining such approval by which the assignee or transferee agrees to all requirements of this chapter and the special permit.
[Amended 5-23-2002 by Ord. No. 106-2002]
(3)
Such special permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special permit, or for a material violation of this chapter after prior written notice to the holder of the special permit.
Q.
Application fee.
[Amended 5-23-2002 by Ord. No. 106-2002; 5-21-2003 by Ord. No. 106-2003; 6-15-2004 by Ord. No. 137-2004; 12-14-2004 by Ord. No. 284-2004]
(1)
At the time that a person submits an application for a special permit for a New Tower or to increase the height of a tower or structure, such person shall pay a nonrefundable application fee of $5,000 to the City. If the application is for a special permit for collocating on an existing tower or other suitable existing building, where no increase in height of the tower or structure is required, the nonrefundable fee shall be $1,500.
[Amended 2-15-2011 by Ord. No. 43-2011]
(2)
In reference to Subsection N(5) of this section, if the applicant has not obtained a building permit for construction pursuant to the special permit approved by the Planning Board by the deadline established in this ordinance, as may be extended by the Planning Board in accordance with Subsection N(5), the applicant shall be able to make application for reapproval of the special permit for the wireless telecommunications facility. Where the applicant can demonstrate a) that the special permit application is totally consistent with the previously approved wireless telecommunications facility; b) that there has been no wireless telecommunications facility additions or changes on the lot where such facility has been approved; c) that no changes have been made in this ordinance that would require a modification of said approved facility; and d) that the application is made within two years of the original date of special permit approval, an application for reapproval may be made to the Planning Board, which application shall not be denied unless it is found that the aforesaid conditions are not correct. For such application for reapproval, the nonrefundable fee shall be $525. In the case of any modification to the original approved application, the fees provided in Subsection Q(l) shall apply.
(3)
In reference to Subsection O(1) of this section, regarding recertification of a special permit for wireless telecommunications facilities, in order for the Building Official to be able to make a determination that the permitted wireless telecommunications facilities are in compliance with the special permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, a nonrefundable fee shall be paid for the review of the submitted materials and building card information, before a recertification of the special permit for the wireless telecommunications facilities shall be issued. Such fee for review and recertification shall be $1,000 for the first and any subsequent five-year anniversary date after the effective date of the special permit.
[Added 3-17-2009 by Ord. No. 53-2009; amended 2-15-2011 by Ord. No. 43-2011]
R.
Performance security. The applicant for any proposed wireless telecommunications facilities property site shall, at its cost and expense, be required to execute and file with the City a performance bond for a minimum of six years, which bond may be submitted as a one-year bond accompanied by an affidavit from a corporate officer of the applicant attesting that such bond shall be renewed annually during the six-year period, and if such bond is not so renewed or cancelled at any time during such period, a replacement bond shall be immediately delivered to the City on the same terms as the original bond, or other form of security acceptable to the Corporation Counsel of the City as to type of security and the form and manner of execution, in an amount of at least $15,000 for other than a New Tower and of at least $75,000 for a New Tower and with such sureties as are deemed sufficient by the City to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the special permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special permit. Upon recertification of a special permit for wireless telecommunications facilities, prior to the five-year anniversary date after the effective date of the special permit, and in accordance with § 331-99O, a new performance bond or other form of security acceptable to the Corporation Counsel of the City shall be given to assure the faithful performance of the terms and conditions of this chapter and conditions of any special permit recertified pursuant to this chapter.
[Amended 5-21-2003 by Ord. No. 106-2003; 9-16-2003 by Ord. No. 204-2003]
S.
Reservation of authority to inspect wireless telecommunications facilities. In order to verify that the holder of a special permit for wireless telecommunications facilities and any and all lessees, renters, and/or licensees of wireless telecommunications facilities, place and construct such facilities, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the City may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, towers, antennas and buildings or other structures constructed or located on the permitted site.
T.
Annual certifications.
[Amended 5-23-2002 by Ord. No. 106-2002]
(1)
The holder of the special permit shall annually submit certification of a professional engineer certifying to the City with identified protocol that NIER levels at the site are within the threshold levels adopted by the FCC.
(2)
The holder of the special permit shall annually submit certification of a professional engineer certifying to the City with identified protocol that its wireless telecommunications facilities meet City, state, and federal standards, including but not limited to all requirements of this chapter and the special permit
U.
Liability insurance.
(1)
A holder of a special permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special permit in amounts as set forth below.
(2)
The commercial general liability insurance policy shall specifically include the City and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.
(3)
The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.
(4)
The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days' prior written notice in advance of the cancellation of the insurance.
(5)
Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance that such policies are to renew or replace.
(6)
Before construction of a permitted wireless telecommunications facilities is initiated, the holder of the special permit shall deliver to the City a copy of each of the policies or certificates representing the insurance in the required amounts.
V.
Defense and indemnification.
(1)
Any application for wireless telecommunication facilities that is proposed for City property, pursuant to this chapter, shall contain a provision with respect to defense and indemnification. Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City, and its officers, boards, employees, committee members, attorneys, agents, and consultants, from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products, performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.
W.
Fines.
(1)
In the event of a violation of this section or any special permit issued pursuant to this section, the City may impose and collect, and the holder of the special permit for wireless telecommunications facilities shall pay to the City, fines or penalties as set forth below.
(2)
A violation of this local section is hereby declared to be a violation, punishable by a fine not exceeding $1,000 per day per occurrence or imprisonment for a period not to exceed 15 days. Each day's continued violation shall constitute a separate additional violation.
(3)
Notwithstanding anything in this section, the holder of the special permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this section or any section of this chapter. An attempt to do so shall subject the holder of the special permit to termination and revocation of the special permit. The City may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the City.
X.
Default and/or revocation.
(1)
If wireless telecommunications facilities are repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the special permit, then the City shall notify the holder of the special permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the City may, at its sole discretion, order the violation remedied within 24 hours.
(2)
If, within the period set forth in Subsection X(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this chapter, or of the special permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the City may revoke such special permit for wireless telecommunications facilities, and shall notify the holder of the special permit within 48 hours of such action.
Y.
Removal of wireless telecommunications facilities.
(1)
Under the following circumstances, the City may determine that the health, safety, and welfare interests of the City warrant and require the removal of wireless telecommunications facilities.
(a)
Wireless telecommunications facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 days or a total of 180 days in any three-hundred-sixty-five-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;
(b)
Permitted wireless telecommunications facilities fall into such a state of disrepair that it creates a health or safety hazard;
(c)
Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special permit, or any other necessary authorization.
(2)
If the City makes such a determination as noted in Subsection Y(1) of this section, then the City shall notify the holder of the special permit for the wireless telecommunications facilities and the record owner of the property by certified mail return receipt requested within 48 hours that said wireless telecommunications facilities are to be removed. The City may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
[Amended 9-16-2003 by Ord. No. 204-2003]
(3)
The holder of the special permit, its successors or assigns, or the record owner of the property shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the City. However, if the owner of the property upon which the wireless telecommunications facilities are located wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the City.
[Amended 9-16-2003 by Ord. No. 204-2003]
(4)
If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder and the record owner of the property have received notice, then the City may order officials or representatives of the City to remove the wireless telecommunications facilities at the sole expense of the owner or special permit holder.
[Amended 9-16-2003 by Ord. No. 204-2003]
(5)
If the City removes, or causes to be removed, wireless telecommunications facilities, and the owners of the wireless telecommunications facilities or the record owner of the property do not claim and remove them from the site to a lawful location within 10 days, then the City may take steps to declare the wireless telecommunications facilities abandoned and sell them and their components. Any costs incurred by the City in connection with this section shall be assessed as a lien against the property with an additional 10% administrative fee, pursuant to § 200 of the City Charter.
[Amended 9-16-2003 by Ord. No. 204-2003]
(6)
Notwithstanding anything in this chapter to the contrary, the City may approve a temporary use permit/agreement for the wireless telecommunications facilities for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special permit or the record owner of the property, subject to the approval of the City, and an agreement to such plan shall be executed by the holder of the special permit or the record owner of the property and the City. If such a plan is not developed, approved and executed within the ninety-day time period, then the City may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.
[Amended 9-16-2003 by Ord. No. 204-2003]
Z.
Relief. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such at the preapplication meeting, provided that the relief or exemption is contained in the original application for either a special permit, or in the case of an existing or previously granted special permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the Board and City in considering the request and the relief, waiver or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant affect on the health, safety and welfare of the City, its residents and other service providers.
AA.
Small Wireless Telecommunications Facilities. The following regulations shall apply to all Small Wireless Telecommunications Facilities:
[Added 4-21-2020 by Ord. No. 2020-46[2]]
(1)
Location of Small Wireless Telecommunications Facilities. Small Wireless Telecommunications Facilities are permitted in all zoning districts and are subject to the requirements of § 331-99.
(a)
To the extent technically feasible, no Small Wireless Telecommunications Facility requiring the installation of a new pole shall be located closer than 500 feet horizontally to any property line of any public, private and/or state-chartered preschool, elementary school, or secondary school.
(b)
To the extent technically feasible, no Small Wireless Telecommunications Facility requiring the installation of a new pole shall be located closer than 500 feet horizontally to any property line of any nursing home.
(c)
No Small Wireless Telecommunications Facilities shall be located in the Front Facade Area of a residential structure or use but rather, if required, such facilities shall be located at the intersecting point of the front and side property lines. When located within 250 feet of a residential use or structure, the applicant shall notify the owners of property located within such 250 feet of the proposed facility. Such notice shall be sent by certified mail within five days of filing for approval from the City.
(d)
Where possible, Small Wireless Telecommunications Facilities shall be installed with stealth technology and or installed behind existing traffic or other municipal signage or other such camouflaging methods as defined in The City of New Rochelle Small Telecommunications Facility Design Manual.
(2)
Franchise required. Prior to the consideration of any application for an administrative special permit for a Small Wireless Telecommunications Facility, the applicant shall obtain a Telecommunications Franchise from the City Council in accordance with Chapter 292 of the City Code.
(3)
Administrative special permit required. All applicants for a proposed Small Wireless Telecommunications Facility shall be required to obtain an administrative special permit from the City Commissioner of Development, subject to the requirements of this § 331-99AA. Prior to filing an application for an administrative special permit, all applicants for a Small Wireless Telecommunications Facilities may request a preapplication meeting with the City Commissioner of Development and Commissioner of Public Works in order to address any concerns the City may have specific to the proposed site. This preapplication meeting may be conducted in person or via teleconference at the discretion of the City.
(4)
All applications for the construction or installation of new Small Wireless Telecommunications Facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. The application shall include the following information:
(a)
The name, address and phone number of the person preparing the application;
(b)
The name, address, and phone number of the property owner, operator, and applicant, and to include the legal form of the applicant;
(c)
The coordinates and closest street address/intersection of the proposed Small Wireless Telecommunications Facility;
(d)
The Zoning District or designation in which the property is situated or through which the right-of-way traverses;
(e)
If the proposed Small Wireless Telecommunications Facility requires the installation of a new pole, a diagram showing the location of the pole and all lot lines, prepared by a licensed land surveyor or engineer;
(f)
The location of all residential structures within a 250-foot radius and the location of schools and nursing homes within a 500-foot radius;
(g)
The location, size and height of all structures on the property to the extent the Small Wireless Telecommunication Facility is not in a right-of-way;
(h)
The location, size and height of all proposed and existing antennas and all appurtenant structures;
(i)
The type, locations and dimensions of all proposed and existing landscaping, and fencing for a Small Wireless Telecommunications Facility requiring a new utility pole, if applicable;
(j)
The number, type and design of the Small Wireless Telecommunications Facilities proposed and, if a utility pole is installed, the basis for the calculations of the utility pole's capacity to accommodate multiple users;
(k)
The make, model and manufacturer of any new utility pole and Antenna(s) being installed;
(l)
A description of the utility pole and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting;
(m)
The frequency, modulation and class of service of radio or other transmitting equipment;
(n)
The actual intended transmission and the maximum effective radiated power of the antenna(s);
(o)
Direction of maximum lobes and associated radiation of the antenna(s);
(p)
Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC. Information will include but not be limited to requirements under OET-65 or other pertinent information;
(q)
A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities;
(r)
Any other documentation timely and reasonably required by the Commissioner of Development and/or any third-party expert retained by the City to review the application;
(s)
Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the state or a radio-frequency engineer; and
(t)
Proof that the applicant has notified the property owners of residence within the 250-foot radius.
(5)
Preapplication meeting. Unless waived by the Commissioner of Development, there shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process and ensure compliance with the applicable federal timeframe for review. A preapplication meeting may also include a site visit if there has not been a prior site visit for the requested site.
(6)
Rejection. Applications not meeting the requirements stated herein or which are otherwise incomplete may be the subject of a notice of incompleteness issued by the City Commissioner of Development.
(7)
General permitting. A holder of an administrative special permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the City or other governmental entity or agency having jurisdiction over the applicant.
(8)
Standard of care. Any Small Wireless Telecommunications Facility shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as per the New York State Building Code, current edition. Any Small Wireless Telecommunications Facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any Person or damage any property in the City.
(9)
Wind and ice. The applicant shall certify that the Small Wireless Telecommunications Facility, foundation and attachments are designed and will be constructed to meet all local, City, state and federal structural requirements for loads, including wind and ice loads.
(10)
NIER levels. A Small Wireless Telecommunications Facility shall not, by itself or in conjunction with other Wireless Telecommunications Facilities, generate radiofrequency emissions in excess of the standards and regulations of the Federal Communications Commission, including but not limited to the Federal Communications Commission Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with Federal Communications Commission Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner of a Small Wireless Telecommunications Facility shall provide certification of the Small Wireless Telecommunications Facility's compliance with the NIER standards and regulations of the Federal Communications Commission by a radio frequency engineer or licensed engineer to the City's Commissioner of Development upon initial construction of the Small Wireless Telecommunications Facility and once every three years thereafter. If the Small Wireless Telecommunications Facility is modified at any time following issuance of the initial permits by the City, the owners of the Small Wireless Telecommunications Facility shall submit recertification of compliance with the standards and regulations of the Federal Communications Commission to the City Commissioner of Development following such modification.
(11)
Grounding. The applicant shall certify that the Small Wireless Telecommunications Facility will be effectively grounded and bonded so as to protect persons and property and installed with appropriate surge protectors.
(12)
Supplemental statements. Any and all representations made by the applicant to the City Commissioner of Development on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the City Commissioner of Development.
(13)
Time, place and manner. The City Commissioner of Development shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Small Wireless Telecommunications Facilities in the Right-of-Way (ROW) based on public safety, traffic management, physical burden on the ROW and related considerations in accordance with law and/or the Franchise Agreement.
(14)
Accessory equipment.
(a)
Small Wireless Telecommunications Facilities and Accessory Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the City.
(b)
To the extent utilities are already underground, all utilities at a Small Wireless Telecommunications Facility site shall be installed underground in compliance with all laws, ordinances, rules and regulations of the City, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(c)
The owner of a Small Wireless Telecommunications Facility shall repair any damaged Accessory Equipment within 10 days of receipt of notice from the City.
(15)
Collocation efforts. An applicant for a Small Wireless Telecommunications Facility requiring the installation of a new utility pole shall be required to submit a written report demonstrating the Applicant's meaningful efforts to secure shared use of existing utility poles and other structures on which collocation is feasible. Copies of written requests and responses for shared use shall be provided to the Commissioner of Development in the application, along with any letters of rejection stating the reason for rejection.
(16)
Graffiti. Any graffiti on the Small Wireless Telecommunications Facility or on any Accessory Equipment shall be removed at the sole expense of the owner within 30 days of notification by the City.
(17)
Modification. To the extent required by federal and state law, the holder of an administrative special permit shall notify the City of any intended initial modification of a Small Wireless Telecommunications Facility and the holder shall apply to the City to substantially modify, relocate or rebuild a Small Wireless Telecommunications Facility. Substantial modification as defined herein shall require an amended administrative special permit.
(18)
Design regulations. All Small Wireless Telecommunications Facilities shall be designed to meet the requirements of the City Small Wireless Telecommunications Facility Design Manual, a copy of which is kept on file at the City Bureau of Buildings. All Small Wireless Telecommunications Facilities shall be maintained in compliance with such requirements for the duration of their operation.
(19)
Timing of approval.
(a)
Within 60 days of receipt of a complete application for Collocation of a Small Wireless Telecommunications Facility on a preexisting utility pole, the City Commissioner of Development shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
(b)
Within 90 days of receipt of an application for a Small Wireless Telecommunications Facility requiring the installation of a new utility pole, the City Commissioner of Development shall make a final decision on whether to approve the application and shall notify the Applicant in writing of such decision.
(c)
Within 10 calendar days of the date that an application for a Small Wireless Telecommunications Facility is filed with the City Commissioner of Development, the Commissioner of Development shall notify the Applicant in writing of any information that may be required to complete such application.
(20)
Relocation or removal of facilities. Within 90 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a Small Wireless Telecommunications Facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Small Wireless Telecommunications Facility when the City, consistent with its police powers, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any City or other public improvement in the right-of-way;
(b)
The operations of the City or other governmental entity in the Right-of-Way;
(c)
Vacation of a street or road or the release of a utility easement; or
(d)
An emergency as determined by the City.
(21)
Removal. In the event that use of a Small Wireless Telecommunications Facility is to be discontinued, the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Wireless Telecommunications Facilities, or portions of Wireless Telecommunications Facilities, shall be removed as follows:
(a)
All abandoned or unused Wireless Telecommunications Facilities and Accessory Equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the City.
(b)
If the Wireless Telecommunications Facility or Accessory Equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the City, the Wireless Telecommunications Facility and/or associated facilities and equipment may be removed by the City and the cost of removal assessed against the owner of the Wireless Telecommunications Facility.
(22)
Reimbursement for Right-of-Way use. In addition to permit fees as described in this section, every Small Wireless Telecommunications Facility in the Right-of-Way is subject to the City's right to require a franchise agreement which provides for an annual fee for use and occupancy of the Right-of-Way. Such compensation for Right-of-Way use shall be directly related to the City's actual Right-of-Way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other Right-of-Way management activities by the City. The owner of each Small Wireless Telecommunications Facility shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above as set forth in the franchise agreement.
BB.
Adherence to state and/or federal rules and regulations.
[Amended 4-21-2020 by Ord. No. 2020-46]
(1)
To the extent that the holder of a special permit or administrative special permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a special permit or administrative special permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
(2)
To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a special permit or administrative special permit for wireless telecommunications facilities, then the holder of such a special permit shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
CC.
Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the City, state or federal government, this section shall control.
§ 331-100 Motor vehicle filling stations and service stations.
The Planning Board may approve a special permit for motor vehicle filling and service stations, provided the following standards and conditions are met:
A.
The minimum lot frontage along a public street shall be 150 feet with a lot depth of no less than 100 feet.
B.
All repair work and servicing, except for the sale of fuel, shall be performed within a fully enclosed building.
C.
A minimum of three tandem parking or queuing spaces per pump island shall be provided at all filling stations.
D.
All vehicles being repaired or serviced, and all products for sale, including automobile parts (except lubricants, antifreeze, or window washing fluid in sealed containers which may be displayed in a suitable rack or stand), shall be stored within a fully enclosed building, and no unregistered (or wrecked) vehicles shall be stored on site.
E.
No part of any building, equipment, or pump shall be located within 30 feet of any residence district, or within 15 feet of any street or lot line.
F.
Petroleum, diesel, or other flammable oils in bulk quantities shall be stored fully underground, in accordance with New York State DEC Part 614 Regulations.
G.
All motor vehicle filling stations service stations, shall be screened along all streets and property lines in accordance with § 331-119B of this chapter, except at points of ingress and egress. In addition to the requirements of § 331-119B, an evergreen hedge shall be provided along the street frontage portion of a lot, the height of which shall be no less than two nor more than three feet. When abutting a residential property or district, a fifteen-foot wide landscape buffer will be required along the side and rear yards that includes an opaque fence that is six feet in height along the property line and a minimum of one evergreen tree for each 20 linear feet along the side or rear lot lines.
H.
No motor vehicle filling station or service station shall be located within 1,000 feet of the property line of another, and/or a motor vehicle service and repair facility, motor vehicle rental agency, and/or dealership.
I.
Access driveways shall not be located within 50 feet of an intersection of two streets as measured from the curbline.
J.
Entrance and exit driveways shall not total more than two in number and shall not be located closer than 15 feet to each other, or any side lot line.
L.
The sale of motor vehicles shall not be permitted.
M.
Convenience stores accessory to a motor vehicle filling or service station shall be permitted, provided that the following additional standards are met:
(1)
The hours of operation shall be determined by the Planning Board at the time of consideration for special permit.
(2)
The gross floor area of the convenience store accessory to a motor vehicle filling or service station shall not exceed 2,000 square feet.
(3)
Parking shall be provided to meet the demand for both the service or filling station and the convenience store in accordance with Article XIV of this chapter.
(4)
The filling or service station meets all the bulk requirements and setback requirements of the zoning district in which it is located.
(5)
All solid waste disposal units shall be set back a minimum of 25 feet from a residential district boundary and/or residential property line and shall be screened fully from the street and adjacent properties and shall comply with Chapter 250 of the New Rochelle Code.
(6)
A minimum of one trash can shall be provided near the entrance of the convenience store accessory to a motor vehicle filling or service station.
§ 331-101 Motor vehicle service or repair facility.
The Planning Board shall approve a special permit for motor vehicle service or repair facility, provided the following standards and conditions are met:
A.
No building shall be located within 30 feet of a residential district boundary or within 10 feet of a building containing a legally nonconforming residential use.
[Amended 5-21-2003 by Ord. No. 106-2003]
B.
All repair work shall be performed within a fully enclosed building.
C.
All vehicles in the process of repair or servicing, and all products for sale, including automobile parts, shall be stored within a fully enclosed building. No vehicles in the process of being repaired shall be parked on any public right-of-way.
D.
Oil in bulk shall be stored fully underground, in accordance with New York State DEC Part 614 Regulations.
E.
Access driveways shall not be located within 50 feet of an intersection of two streets measured from the nearest perpendicular circle and projected from the nearest intersecting street.
F.
Entrance and exit driveways shall total no more than two in number and shall not be located closer than 15 feet to any side lot line of each other.
G.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
I.
The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
J.
The sale of motor vehicles shall not be permitted.
§ 331-102 Motor vehicle dealership.
[Amended 9-16-2003 by Ord. No. 204-2003]
The Planning Board shall approve a special permit for a motor vehicle dealership, provided the following conditions are met:
A.
The minimum lot frontage along a public street shall be 150 feet with a lot depth of no less than 100 feet, and the minimum lot area shall be 1/2 acre, or four acres in the C-1M General Commercial Modified Zone.
[Amended 1-16-2018 by Ord. No. 14-2018]
B.
Landscaping, screening and buffer areas shall be provided in accordance with the more stringent of the two following sections: §§ 331-119.1B and 331-130 of this chapter.
[Amended 4-17-2014 by Ord. No. 69-2014]
D.
All exterior lighting shall be designed and oriented so as to minimize the visual impact upon adjacent and nearby residential properties. The Planning Board shall determine what time exterior lights shall be dimmed and/or turned off for the night. A photometric plan shall be submitted for review by the Building Official.
[Amended 4-17-2014 by Ord. No. 69-2014]
E.
The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
F.
No exterior public address system shall be permitted.
G.
No exterior display of banners, pennants, ribbons, or other similar temporary advertising materials shall be permitted in any outdoor sales area.
H.
Employee parking provided on site as required by Article XIV of this chapter shall be designated by signage indicating "This space is reserved for employees." Parking areas designated for employees shall not be used for vehicle storage, repair or finishing work, display or customer parking.
[Added 4-17-2014 by Ord. No. 69-2014]
I.
The required customer parking shall be designated by signage indicating "This space is reserved for customers." Parking areas designated for customers shall not be used for vehicle storage, repair or finishing work, display or employee parking.
[Added 4-17-2014 by Ord. No. 69-2014]
J.
For new construction, all vehicle storage and the bulk of the required parking, save for any required customer parking, shall be located in the rear of the building and shall be screened from abutting properties and the street, as allowable by the Code. Customer parking shall be located as close to the front entrance as permitted by the site restrictions and this Code.
[Added 4-17-2014 by Ord. No. 69-2014]
K.
Landscaping and buffers.
[Added 4-17-2014 by Ord. No. 69-2014]
(1)
All parking and vehicle storage shall be screened from the street and from the abutting properties. All site and perimeter landscaping required by §§ 331-119.1 and/or 331-130 shall be native, noninvasive species, drought resistant, and shall be planted to a minimum height of 36 inches. In addition to any required landscaping pursuant to §§ 331-119.1 and/or 331-130, the dealership shall design and construct a second landscape buffer strip set back from the interior edge of the required perimeter landscaping an appropriate distance to accommodate up to two rows of cars. This second landscape buffer strip shall be a minimum of eight feet in width and shall be planted with densely spaced evergreen plantings a minimum of 36 inches tall. The area between the two landscape buffer strips shall be able to park up to two rows of cars given the typography of the site. The intent of the two buffer strips is to provide an outdoor showroom to display vehicles for sale. This landscaping requirement shall be counted towards any requisite interior landscaping that may be required by §§ 331-119.1 and/or 331-130.
(2)
When the lot is less than an acre in size and the applicant cannot accommodate the second landscape buffer at the site, then the required perimeter landscape buffer strip shall be a minimum of 10 feet in width and shall be planted with evergreen plantings a minimum of 36 inches tall so as to tightly screen the site from the street. This landscaping requirement shall be counted towards any interior landscaping that may be required by §§ 331-119.1 and/or 331-130.
(3)
If the lot shall have two frontages, the aforementioned shall apply to only one frontage and the Building Official shall determine which frontage shall comply with this section.
(4)
If the applicant believes that the typography and site constraints limit his/her ability to comply with § 331-102K, either partially and/or in its entirety, the applicant shall request a waiver from the Planning Board for the additional buffer; however, the applicant shall comply with any and all landscaping required by §§ 331-119.1 and/or 331-130, including any interior islands.
L.
The building design shall address and relate to the scale, massing, setbacks and materials in relationship to neighboring properties and the neighborhood in general. The proposal shall be reviewed by the Peer Architectural Review Committee.
[Added 4-17-2014 by Ord. No. 69-2014]
M.
The hours of loading and unloading of vehicles shall be determined by the Planning Board. All loading and unloading shall occur on the subject site and not in or on the public right-of-way. Except in the C-1M Zone, if the site is unable to accommodate the loading and unloading on site due to site constraints and/or the size of the lot, the applicant shall request that the City's Traffic Engineer evaluate the feasibility of the installation of a loading zone within 250 feet of the subject site. In making such a determination, the Traffic Engineer shall consider the traffic impact to any abutting residentially zoned districts. Said loading zone, if permitted by the Traffic Engineer, shall have appropriate signage indicating the hours when the loading zone is in effect, that parking is not permitted during those hours and that it is a tow-away zone. Additionally, if the applicant owns/leases property within the Cl -M Zone or any other zone where parking and storage of vehicles is permitted, the applicant shall request from the Planning Board the ability to utilize the second site for loading and unloading of vehicles. The second site shall comply with all Code requirements.
[Added 4-17-2014 by Ord. No. 69-2014; amended 1-16-2018 by Ord. No. 14-2018]
N.
Vehicles to be repaired or serviced shall not be parked or stored on any street, alley or public right-of-way.
[Added 4-17-2014 by Ord. No. 69-2014]
O.
Service bay doors shall not face residentially zoned districts.
[Added 4-17-2014 by Ord. No. 69-2014]
P.
All motor vehicle dealerships shall be subject to an annual inspection by the Building Official or his designee.
[Added 4-17-2014 by Ord. No. 69-2014]
Q.
In the C-1M General Commercial Modified Zone, accessory uses, excluding parking for employees and customers, shall not occupy more than 30% of the lot area.
[Added 1-16-2018 by Ord. No. 14-2018]
R.
Each service bay shall have a minimum of two queuing spaces.
[Added 1-16-2018 by Ord. No. 14-2018]
§ 331-103 Motor vehicle rental agency.
The Planning Board shall approve a special permit for a motor vehicle rental agency, provided the following conditions are met:
A.
The minimum lot frontage along a public street shall be 150 feet with a lot depth of no less than 100 feet.
B.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
D.
All exterior lighting shall be designed and oriented so as to minimize the visual impact upon adjacent and nearby residential properties.
E.
The hours of operation shall be limited from 6:00 a.m. to 12:00 midnight.
§ 331-104 Motor vehicle storage areas.
Off-street parking shall be permitted on a lot in a residence district, subject to the issuance of a special permit by the Planning Board and subject to the special standards and requirements of § 331-126E(5) of this chapter.
§ 331-105 Car wash.
The Planning Board may approve a special permit for a car wash, provided the following conditions are met:
A.
No car wash shall be located within 1,000 feet of the property line of another.
B.
The minimum lot frontage along a public street shall be 150 feet with a lot depth of no less than 100 feet.
C.
The site is not within 200 of the boundary of a residential district and/or residential property line.
D.
All washing facilities shall be located within a completely enclosed building that meets all yard setback requirements of the district in which it is located.
E.
Vacuuming facilities may be permitted outside the building or in the front and side yards, provided all setback requirements for accessory structures are met.
F.
Drainage facilities shall be provided to prevent ponding of water on the site and/or runoff onto streets or adjacent properties.
G.
All exterior lighting shall be designed and oriented so as to minimize the visual impact upon adjacent and nearby residential properties.
H.
Landscaping, screening and buffer areas shall be provided in accordance with § 331-119B of this chapter.
I.
Off-street parking shall be provided in accordance with Article XIV of this chapter. When such use is accessory to a motor vehicle filling or service station, off-street parking shall be provided to meet the cumulative demand of such uses.
J.
The hours of operation shall be limited to 6:00 a.m. to 12:00 midnight.
§ 331-105.1 Self-storage facility.
[Added 4-20-2004 by Ord. No. 90-2004]
The Planning Board may approve a special permit for a self-storage facility in an LSR district, provided the following conditions are met:
A.
The self-storage facility is located on a perimeter lot within an LSR-zoned district and the facility serves as a transitional use and buffer between a residentially zoned district and a more intensive commercial use that may be allowed as of right in an LSR district.
B.
The self-storage facility is located on a building lot not exceeding two acres in area.
§ 331-106 Public utility uses and structures.
A.
When proposed in a residence district, above ground public utility uses shall be subject to a finding, in addition to the standards of § 331-89, that a public necessity exists for such use, and that the use of the particular site for which application is made is either necessary or appropriate from a public standpoint.
B.
The Planning Board shall require that such use be enclosed by protective fencing with a gate which shall be closed and locked except when necessary to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted, and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped in accordance with § 331-119B of this chapter and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.
§ 331-107 Accessory waterfront structures.
[Amended 6-15-2004 by Ord. No. 137-2004]
The construction or erection of any bulkhead, dock, float, pier, pile, wharf, breakwater or similar structure (including similar structures for use by private residences) upon any plot or parcel of land within the limits of the City, either above or below the high-water mark, shall be permitted only after the issuance of a special permit therefor by the Planning Board upon application in accordance with § 331-88A of this chapter. Prior to consideration of any such application, the Board shall require the filing of plans of the structure to be erected, prepared by a duly licensed professional engineer, or registered architect with the Planning Board and with the Building Official of the City of New Rochelle. In considering such application the Board shall take into account the public health, safety and general welfare and the comfort and convenience of the general public. The Planning Board may approve such application subject to the following conditions:
A.
The structure and any boats docked to said structure do not extend beyond the pierhead line.
B.
The appropriate permits are received from the Army Corps of Engineers, Coast Guard, DEC or any other agency having jurisdiction.
C.
Boats at docking facilities shall not be used for overnight sleeping purposes.
D.
The proposed structure will not impair navigation or reasonable access to adjacent docks or wharves.
E.
The proposed structure will not unduly interfere with public use of waterways for swimming, boating, fishing, and the like.
F.
The proposed structure will not unduly restrict tidal flow or water circulation.
G.
Treated lumber, when used for construction, shall be of a sealed, nonleaching type.
H.
All vehicular entrances and exits to and from facilities designed for the parking of five or more vehicles, whether open or enclosed, or for continuous drive-in traffic of any sort, shall be subject to approval by the Planning Board which, in its discretion, shall determine the adequacy of all proposed safety features.
I.
The disturbance of natural vegetation and topography during construction activities shall be minimized to the greatest degree practicable. To this end, an erosion and sediment control plan, in accordance with the Westchester County Best Management Practices Manual, shall be prepared where clearing and/or grading of land is proposed.
§ 331-108 Playgrounds, tennis courts and recreation buildings.
Playgrounds, tennis courts and recreation buildings for the exclusive use of residents of the neighborhood, provided that no entertainment, live or mechanical, or the use of outdoor public address systems or excessive exterior public lighting shall be permitted.
§ 331-108.1 Commercial Indoor Recreational Facility.
[Added 7-18-2023 by Ord. No. 2023-142]
A.
A Commercial Indoor Recreational Facility shall be permitted in the NB District by special permit from the Planning Board. Commercial indoor recreational facilities may include skating rinks, bowling alleys, health clubs, tennis, golf, paddle tennis, squash and pickle ball facilities, along with uses accessory and incidental to commercial indoor recreation, such as locker rooms, exercise equipment and group training/stretching space, office space, eating and drinking facilities, and retail sale of goods directly related to the primary activity.
B.
Commercial indoor recreation facilities' lot and bulk requirements shall be as follows:
C.
Commercial indoor recreational facilities shall be located within a totally enclosed structure with soundproofing as necessary to prevent excessive noise from disturbing neighboring properties.
D.
The minimum number of off-street parking and loading spaces shall be provided in accordance with the requirements of Article XIV of this chapter.
E.
The hours of operation shall be set by the Planning Board at the time of site plan review.
F.
All exterior lighting shall be designed and oriented so as to minimize the visual impact upon adjacent and nearby residential properties. The Planning Board shall determine what time exterior lights shall be dimmed and/or turned off for the night.
G.
Commercial indoor recreation facilities shall not be located within 1,000 feet of each other.
§ 331-109 Outdoor swimming pools.
Outdoor swimming pools, as an accessory structure to a principal building used for multifamily residence purposes for the exclusive use of the occupants of said building and their guests, as an accessory structure to a community purpose building as defined in Article II of this chapter, with a minimum lot area of two acres for the exclusive use of members of the organization maintaining such buildings and for the use of their guests; as an accessory structure to an annual membership club with a minimum lot area of two acres organized for beach, golf, tennis, yacht or similar purposes and not to be used for an activity commonly construed as a business upon a determination that such use is consistent with the public health, safety, morals and general welfare of the community after taking into consideration the location and size of the plot, the site, the plans and detailed building plans of such swimming pool and any accessory buildings, showing dimensions, design, elevation, location and uses of all structures, drainage, sewerage and sanitary facilities, fences, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool as may be required by the Board of Appeals.
A.
Any permit granted by the Board of Appeals for such use may prescribe reasonable rules and regulations for the operation, maintenance and use of such swimming pool and accessory structures consistent with the public health, safety, morals and general welfare of the community.
B.
The Board of Appeals shall have the authority to specify the distance from any property line where such pools may be located upon determining that the location of any such pool, filter pumps or other mechanical devices and their construction will not interfere with the peace, comfort and repose of the occupant of any adjoining buildings or residences and that any lights illuminating such swimming pool shall be so directed as to eliminate direct rays and minimize reflected rays of light on adjoining premises.
C.
A four-foot permanent fence or wall must be erected and maintained around said pool, and said fence or wall must not be more than 25 feet distant at any one point from the edge of the pool. The fence or wall must be provided with a gate which must be locked when the pool is not in use (applicable to all swimming pools).
[Amended 10-20-2009 by Ord. No. 199-2009]
§ 331-110 Tattoo Studios. [1]
[Added 3-23-2010 by Ord. No. 55-2010]
The Planning Board may approve a Tattoo Studio where such use is permitted by a special permit, subject to the following conditions:
A.
The Tattoo Studio shall be permitted only above the ground floor and only on sites that are located within the Central Parking District;
B.
The Tattoo Studio shall be no closer than 200 feet to a lot containing another existing Tattoo Studio;
C.
The Tattoo Studio shall be no closer than 200 feet to a lot containing any school or park;
E.
The Tattoo Studio shall obtain and maintain at all times any licenses and approvals required now or in the future by Westchester County or the State of New York governing such activities;
F.
The hours of operation for any Tattoo Studio approved pursuant to this section shall be limited to 8:00 a.m. to 11:00 p.m. Monday through Saturday and from 12:00 p.m. to 11:00 p.m. on Sundays;
G.
Any special permit approved pursuant to this section shall expire two years from the date of approval and may be re-approved by the Planning Board in accordance with the requirements of this section;
H.
Any distancing restrictions provided in this section shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances or measured horizontally between the respective main public entrances, whichever is greater.
[1]
Editor's Note: Former § 331-10, Private residence pools, was repealed 3-17-2009 by Ord. No. 53-2009.
§ 331-111 Golf driving ranges.
Provided that the following conditions shall be met:
A.
The minimum lot area shall be 12 acres.
B.
The minimum frontage shall be 600 feet along a county road.
C.
All buildings and structures shall be set back at least 60 feet from the county road frontage and 120 feet from any side property line.
D.
The maximum permitted floor area for all buildings and structures shall not exceed 1,200 square feet.
E.
The applicant shall provide information so as to enable the Board to determine the height of fencing/netting needed to contain golf balls on the subject property. Such fencing/netting shall be located from the property lines a distance of no less than equal to the fall radius of the fence/netting posts plus 10 feet.
F.
The use of buildings and structures shall be limited to the sale of golf balls and golf equipment. All vending machines shall be located within a fully enclosed building.
G.
All golf driving ranges shall be limited to a maximum of 90 tees, and the paved tee area shall be limited to 900 linear feet.
H.
The minimum off-street parking space requirement shall be one space for each tee.
I.
Hours of operation and site lighting shall cease at 10:00 p.m. daily.
J.
Ball collecting activity by mechanical and/or motorized vehicles shall be prohibited prior to 8:00 a.m. daily.
§ 331-112 Adult-oriented businesses.
[Amended 6-14-2005 by L.L. No. 2-2005; 12-6-2005 by L.L. No. 3-2005]
A.
No building in which there is an adult-oriented business as defined in Article II of this chapter shall be permitted:
(1)
Within 400 feet of any other building in which there is an adult-oriented business.
(2)
Within 400 feet of a zoning district that permits residential dwellings as a principal use, except where a mixed-use or commercial/industrial boundary is adjacent to a public road or railroad, said public road or railroad shall be included within the calculation as part of the four-hundred-foot setback.
(3)
Within 400 feet of the property line of a school, house of worship, public park, public recreation facility, public community center, public library, or designated urban renewal area.
B.
No adult-oriented business shall exceed 5,000 square feet in gross floor area.
C.
No adult-oriented business shall be permitted in any building where the majority of the floor area of the building is in residential use, including nonconforming residential uses.
D.
No person under the age of 18 years old shall be permitted into the premises of an adult-oriented business.
E.
No adult-oriented business shall be permitted to provide live entertainment on the premises which involves nude dancing that is lewd, indecent or grossly sexual in nature. This shall not be construed to include conduct of being nude that constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity nor shall it include conduct that is protected by the United States or New York State Constitution.
F.
Not more than one activity constituting an adult-oriented business shall be permitted within a single building or on a single lot.
G.
No adult-oriented business shall be established until the issuance of a special use permit by the Planning Board and shall be subject to following additional conditions of approval:
(1)
Adult-oriented businesses shall be located on lot(s) which are a minimum of 50 feet from the property line of any lot(s) containing nonconforming residential uses or private recreational facilities, and shall be properly screened through the use of fences, walls, landscaping or other measures from adjacent structures.
(2)
The exterior appearance of any building containing an adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
(3)
Adult-oriented businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(a)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements which contain nude, seminude or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements which contain nude, seminude or provocative pictures shall be located a minimum of four feet from any window and shall not be visible from the exterior of the establishment.
(d)
The maximum surface area of all signs visible from the exterior of the establishment (including permanent and/or temporary window and door signs) shall not exceed, in the aggregate, 100 square feet per establishment, of which no more than 50 square feet may be illuminated nonflashing signs.
(e)
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
H.
An encroachment on any setback provided in this chapter shall not disqualify an entire lot from being available for an adult-oriented business if such encroachment does not exceed 2% of the proscribed setback.
I.
Recertification and assignment of special permit.
(1)
Recertification of a special permit for adult-oriented businesses. Special permits shall be effective for three years and may be recertified for additional three-year terms under the following terms and conditions:
(a)
At least six months prior to expiration of the original or prior recertified special permit for an adult-oriented business, the permittee may request recertification of the special permit. Such request shall state that the adult-oriented business is in compliance with the special permit, with all requirements of the Zoning Code, including this § 331-112, and all other applicable statutes, laws, ordinances, codes, rules and regulations; and shall further state whether the adult-oriented business has been altered or enlarged since the issuance of the original or prior recertified special permit and, if so, in what manner.
(b)
If the Planning Board determines that the permitted adult-oriented business is in compliance with the special permit and all requirements of the Zoning Code, including this § 331-112, and all other applicable statutes, laws, ordinances, codes, rules and regulations, and that alteration or enlargement, if any, of the business does not require application for a new special permit, then the Planning Board shall issue a recertification of the special permit for the adult-oriented business. If the Planning Board determines that the business is not in compliance with the special permit, the Zoning Code, and all applicable statutes, laws, ordinances, codes, rules and regulations, or alteration or enlargement of the business requires application for a new special permit, then the Board shall deny recertification of the special permit, and in such event, such business shall not be operated after the date that the current original or prior recertified special permit expires.
(2)
Assignment of a special permit. The original or recertified special permit shall not be assigned, transferred or conveyed without the approval of the Planning Board, which shall not be unreasonably withheld. The permittee shall submit an executed assignment and assumption agreement to the Planning Board prior to obtaining such approval by which the assignee or transferee agrees to all requirements of this section and the special permit.
J.
Public hearing.
(1)
The applicant shall notify all property owners of properties located within 400 feet of the property proposed for location of the adult-oriented business, of the date, time, and place of the public hearing in accordance with the procedures set forth in § 331-88B(4)(a).
(2)
The public hearing shall be scheduled within 32 days of the date on which a complete application is received and shall be closed within 60 days of the first date set for public hearing on the special permit application. A decision must be rendered within 30 days from the date that the public hearing is closed.
K.
Any proposed adult-oriented business shall meet all other development standards and requirements of this Zoning Code, including but not limited to district lot and bulk regulations, parking requirements, facade and screening regulations, excepting the general standards for special permits set forth in § 331-89.
L.
The Planning Board and/or the Sign Review Board may impose certain terms and conditions upon the granting of site plan approval for any new adult-oriented business to further the aims of this section, including but not limited to restrictions on the location and placement of advertising, street promotion, outdoor and window displays and signage, the location of merchandise and hours of operation,
M.
Preexisting adult-oriented businesses.
(1)
Any adult-oriented business lawfully in existence and acting as said use on May 21, 1996, shall be permitted to continue as a nonconforming use. Preexisting nonconforming uses shall be terminated upon any change in the ownership or control of such business.
(2)
Any existing business(es), nightclub(s) or similar establishment(s) which has regularly conducted adult-oriented business activities prior to May 22, 1996, shall be exempt from this section, provided that the investment in such business is not insubstantial. Such businesses shall be considered preexisting nonconforming uses relating to the business on the premises in which it is located and shall be terminated upon any change in the ownership or control of such businesses.
N.
Appeals provisions.
(1)
The Planning Board shall have the power, during review of the special permit application, to vary or modify the application of any provision of this section upon its determination, in its absolute discretion, that such variance or modification is consistent with the spirit of this Zoning Code, and upon finding that the application of the provisions of this section to a specific property will cause undue economic hardship and that such hardship is unique to that specific property.
O.
Penalties. Any person, corporation, partnership or entity that establishes, constructs or installs any building, improvement, structure or conducts or operates any land use in violation of the provisions of this section shall be guilty of a violation and, upon conviction, subject to a penalty of up to $750 for each day that the violation continues to exist. A violation of this section shall be treated as a violation of the City Zoning Code. Nothing herein shall be construed to limit the authority of the City to seek and obtain injunctive relief for any violation of this section.
§ 331-113 Billiard halls.
A.
License required.
(1)
No person shall own or operate a billiard hall as herein defined, unless such premises has been granted a special permit by the Zoning Board of Appeals after submission of application to the Bureau of Buildings for a building permit for installing a billiard hall in an existing assembly space or converting an existing office or mercantile space to an assembly space or for installing a billiard hall in a newly constructed space.
(2)
After receiving a special permit from the Zoning Board of Appeals, the applicant shall apply to the City Clerk of the City of New Rochelle for a license upon forms to be supplied by the City Clerk for that purpose.
(3)
After obtaining a license from the City Clerk, the applicant shall apply to the Fire Department for a public assembly license.
B.
License application. The application for such a license from the City Clerk shall contain the following information:
(1)
The name and address, age, date and place of birth of the applicant, including the names of all owners and major investors in the business.
(2)
The place where the billiard tables will be displayed or maintained and a description of any other business conducted at that place.
(3)
The number of billiard tables.
C.
Number of copies of application; inspections; fees; display of licenses and transferability.
(1)
Application for license shall be made out in three copies. One copy shall be referred to the Department of Police, one copy to the Bureau of Buildings, and one copy is to be maintained by the City Clerk.
(2)
The Department of Police shall investigate the location wherein it is proposed to operate such billiard hall to determine the number of billiard tables. The Bureau of Buildings shall investigate the location and the premises wherein it is proposed to operate such billiard hall and determine whether such operation at such location in said premises complies with the restrictions contained in local ordinances under its jurisdiction. Such determination shall be reported to the City Clerk.
(3)
Every applicant, before being granted a license, shall pay an annual license fee as set forth in Chapter 133, Fees, for the privilege of operating or maintaining a billiard hall as defined herein. Each license granted hereunder shall be granted for an annual term running from April 1 to March 31 of the next succeeding year. The fees paid for any license granted for the first year or part thereof shall be prorated accordingly.
(4)
The license herein provided for shall be posted permanently and conspicuously at the premises or place of business wherein the billiard hall is located. A license shall not be transferable from person to person nor place to place and shall be usable only at the place and by the person designated in the license.
(5)
No license for a billiard hall shall be renewed for premises that are in violation of any provision of this chapter.
D.
Prohibitions and restrictions.
(1)
No person, firm, corporation or association shall receive a license for a billiard hall in an establishment that either conducts the service or sale of alcoholic beverages or that allows the admission of minors under the age of 18 unless accompanied by a parent or guardian. Such establishments shall not remain open to the public after 1:00 a.m.
(2)
No person, firm or corporation or association shall receive a license for a billiard hall in an establishment where such establishment operates or maintains more than three mechanical amusement devises as defined herein or any coin-operated vending machines.
(3)
No person, firm or corporation or association shall receive a license for a billiard hall where such applicant has not provided one parking space per proposed billiard table unless the applicant can demonstrate that such establishment is within 600 feet of a public lot or within 600 feet of a private parking lot (that can accommodate) and that the required parking is exclusively dedicated in such lot (such required parking).
E.
Revocation of license. Every license issued under this section is subject to the right of the licensor, which is hereby expressly reserved, to revoke the same should the license, directly or indirectly, permit the operation of any billiard hall contrary to the provisions of this chapter or the laws of the State of New York.
F.
Exemptions. This section shall not apply to, and no license shall be required for, the operation of a billiard hall of the kind herein specified where:
(1)
The proceeds therefrom are to be devoted exclusively to charitable, benevolent or religious purposes; or
(2)
The operation thereof is upon the property and premises of a private membership club as defined herein and for the benefit of its members or their guests; provided, however, that said private membership club operates any billiard hall for the use and enjoyment of the general public.
G.
Penalties for offenses. An offense against the provisions of the section shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
H.
Enumeration of fees. The following schedule of fees is hereby established with respect to licenses, permits, registrations, documents, and activities required or regulated under the provisions of various chapters of the Code of the City of New Rochelle. Specific requirements and regulations for the preceding shall be as set forth in the chapter to which reference is made below.
Code Section | Type of Fee | Amount |
|---|---|---|
§ 331-113 | Billiard halls | |
First year fee | $1,000 | |
Each additional year | $250 |
§ 331-113.1 Design criteria for colleges, universities, and private schools in DB District.
[Added 7-16-2002 by Ord. No. 139-2002]
A.
The design of academic building facades and appurtenances should ensure visual compatibility with the existing and nearby buildings, public ways and places to which such elements are visually related.
B.
The building design should maximize fenestration on the ground-floor level and encourage window displays and viewing by pedestrians.
C.
Entranceways and facade elements should contribute to the creation of an attractive downtown commercial environment.
D.
Exterior building appurtenances should be visually compatible with the buildings to which they are attached or other buildings in the area or with the character encouraged in the Downtown Business District insofar as materials, texture, colors, and design are concerned.
E.
Building facades should be built at, or within, five feet of the street-front property line, for at least the first 75 feet of the building facade facing the street.
F.
Within the street-front facade of the building, from the ground level (zero feet) to 10 feet above ground level, the street-front facade should be glazed by no less than 50% of the entire street-front facade rectangle. Such glazing may be continuous or may be in window frames and should have a sill height of no greater than three feet and a head height of not less than six feet.
G.
The glazed area should be fully transparent, if adjacent to offices, dining areas, or other academic areas requiring minimum privacy. Where possible, display windows are encouraged, which display window area may be used for exhibits and announcements, to display textbooks, uniforms, sports paraphernalia, and other academic related materials. If such windows or glazed areas provide natural light to classrooms where privacy is necessary or to minimize student distractions, the glazed area may be frosted.
§ 331-113.2 Cabarets with public assembly occupancy limit not to exceed 250 persons.
[Added 7-15-2003 by Ord. No. 167-2003; amended 3-20-2012 by Ord. No. 50-2012; 10-15-2024 by Ord. No. 2024-165]
A.
Except as noted in §§ 331-87B(1) and 331-113.2B, the City Council may issue a special permit for a cabaret with a public assembly occupancy limit of 50 or more persons in a zoning district where such use is permitted by special permit, subject to the following requirements:
(2)
Identification and quantification of parking impacts.
(3)
Identification of impact on surrounding residential and business uses within 500 feet of the proposed project.
(4)
A business and operation plan stating, among other things, hours of operation, marketing plan, designation of outdoor smoking areas, business description and the type of entertainment that will be offered at the premises.
(5)
Identification of noise abatement considerations and other mitigation measures.
(6)
Compliance with all applicable health, safety, welfare and licensing requirements and all applicable local, state and federal regulations.
(7)
Such other requirements as may be established by City Council.
(8)
The public assembly occupancy limit shall not exceed 250 persons. All cabaret uses shall cease no later than 2:00 a.m.
(9)
All cabarets shall obtain a license from the Police Commissioner as provided in Chapter 120 of the New Rochelle City Code.
(10)
Any special permits issued under this section shall expire two years from the date of approval. Applications for renewal of any special permits issued pursuant to this section shall be automatically approved without further action of City Council unless the applicant has committed two or more violations of any requirements under this section, the New Rochelle City Code and/or the approved resolution during the two-year special permit period.
B.
Within the Vanguard Overlay Zone, the Planning Board may issue a special permit for a cabaret with a public assembly occupancy limit of 50 or more persons, subject to the following requirements:
(1)
A business and operation plan stating, among other things, hours of operation, marketing plan, designation of outdoor smoking areas, business description and the type of entertainment that will be offered at the premises.
(2)
Compliance with all applicable health, safety, welfare and licensing requirements and all applicable local, state and federal regulations.
(3)
Such other requirements as may be established by City Council.
(4)
The public assembly occupancy limit shall not exceed 250 persons. All cabaret uses shall cease no later than 2:00 a.m.
(5)
All cabarets shall obtain a license from the Police Commissioner as provided in Chapter 120 of the New Rochelle City Code.
(6)
Any special permits within the Vanguard Overlay Zone issued under this section shall expire at change of business ownership. Applications for renewal of any special permits issued pursuant to this section shall be automatically approved without further action of the Planning Board unless the applicant has committed two or more violations of any requirements under this section, the New Rochelle City Code and/or the approved resolution.
(7)
Permit holders shall abide by all nuisance regulations established in the City as applicable. This shall include, but may not be limited to, noise, lighting, odor, and refuse. Violation of these provisions may result in the loss of the issued special permit.
§ 331-113.3 Bars.
[Added 7-15-2003 by Ord. No. 167-2003]
The City Council may issue a special permit for a bar in a zoning district where such use is permitted by special permit, subject to the following requirements:
B.
Identification and quantification of parking impacts;
C.
Identification of impact on surrounding residential and business uses within 500 feet of the proposed project;
D.
A business and operation plan stating, among other things, hours of operation, marketing plan, and business description;
E.
Identification of noise abatement considerations and other mitigation measures;
F.
Compliance with all applicable health, safety and welfare requirements; and
G.
Such other requirements as may be established by City Council.
§ 331-113.4 Clinical laboratory.
[Added 5-19-2005 by Ord. No. 118-2005]
The Planning Board may approve a clinical laboratory where such use is permitted by special permit, subject to the following requirements:
A.
If property owner, the clinical laboratory shall be a for-profit establishment and no property tax exemptions shall be applied for or granted by the Tax Assessor for land or improvements.
B.
All clinical laboratory activities shall be conducted in a fully enclosed building.
C.
No out-patient services, experimental research and testing, or (except as permitted by appropriate State of New York Department of Health licenses) biomedical hazardous material shall be permitted on site.
D.
The clinical laboratory shall be licensed by and maintain an active license with the New York State Department of Health, and such license (or a reproduction thereof) shall be prominently displayed on the premises.
E.
All laboratory equipment, tissue samples, and other regulated biomedical or hazardous waste shall be disposed of in accordance with the rules and regulations of the State of New York Department of Health and applicable state, local and federal regulations, and no such materials shall be offered to or picked up by City sanitation workers. All such materials shall be fully secured within the enclosed building until private contractors are available to provide pick-up.
F.
If the clinical laboratory seeks City sanitation services for office and other nonhazardous solid waste, as required by City Code § 163-20, in the operation or maintenance of a business conducted for profit, a solid waste collection contract shall be executed with the City.
G.
Parking and loading shall be provided for such use in accordance with the requirements of Article XIV, Off-Street Parking and Loading.
H.
Such other requirements as may be established by the Planning Board.
§ 331-113.5 Attached dwelling units in RMF-zoned districts.
[Added 11-21-2006 by Ord. No. 257-2006]
The Planning Board shall approve a special permit for Attached Dwelling Units, where allowed as special permit uses in RMF-zoned districts, provided that the following standards and conditions are met:
A.
The Attached Dwelling Units closest to the front yard shall be designed and built so that the principal front entry to such Attached Dwelling Units shall face the street adjacent to the front yard.
B.
The Attached Dwelling Units shall be designed and built so that the principal front entry to any dwelling shall not be higher than four feet above final grade at the point of entry, and where feasible and in accordance with § 331-117.1, the Attached Dwelling Units shall have the appearance of a single residence.
[Amended 10-16-2008 by Ord. No. 207-2008]
C.
The Attached Dwelling Unit, if it has a rear or side exit, balcony, patio, porch, deck, or similar outdoor recreation area adjacent to a side or rear yard, shall be set back from the side and/or rear property line by a minimum of 30 feet. If the Attached Dwelling Unit has no exits, balconies, patios, porches, decks, or similar outdoor recreation area adjacent to a side yard, the minimum side yard setback shall be eight feet with a minimum combined yard of 20 feet for all RMF-zoned districts where Attached Dwelling Units are permitted.
D.
Notwithstanding the requirements contained in the Schedule of Dimensional Regulations for Residence Districts,[1] the minimum Lot Area Per Dwelling Unit for Attached Dwelling Units shall be 3,500 square feet per unit for the first two units and 3,500 square feet for each additional unit in the RMF-0.4-, RMF-0.5- and RMF-0.7-zoned districts and the maximum amount of Impervious Surface Coverage permitted shall be 60%. The minimum Lot Area Per Dwelling Unit for Attached Dwelling Units shall be 3,500 square feet per unit for the first two units and 2,500 square feet for each additional unit in the RMF-1.0-, RMF-1.3- and RMF-2.0-zoned districts, and the maximum amount of Impervious Surface Coverage permitted shall be 65%. In all of the RMF-zoned districts where attached dwelling units are permitted, the maximum height of the building containing such Attached Dwelling Units shall be 35 feet.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
F.
The Attached Dwelling Units shall be architecturally compatible in form, massing and exterior facade with the immediate area and the neighborhood area surrounding the site and shall be subject to Architectural Review of Site Plans by Licensed Professional Architects, in accordance with § 331-117.1.
G.
Any access to an attic, when such attic is unimproved and excluded from floor area calculations, shall be made through a pull-down staircase.
H.
If required by the Planning Board, the applicant shall submit a report from a New York State licensed traffic engineer with respect to any projected traffic and/or parking impacts on the surrounding neighborhood, and the Planning Board may hire its own traffic engineer to review the report submitted by the applicant at the applicant's sole expense.
I.
Notwithstanding the Special Permit Use limitations contained in the RMF Residential Districts, which limitations restrict the number of dwellings to two Attached Dwelling Units in a building, if, in the opinion of the Planning Board, the configuration or topography of the site would make it difficult or impossible to design all buildings with no more than two Attached Dwelling Units in that building, the Planning Board may waive the restriction of two Attached Dwelling Units. However, the Planning Board shall not grant such a waiver unless the development fully complies with all other applicable zoning requirements, and the Planning Board shall not permit any more than three Attached Dwelling Units in a building.
§ 331-113.6 Day-care centers.
[Added 2-13-2007 by Ord. No. 48-2007; amended 9-19-2017 by Ord. No. 187-2017; 11-20-2019 by Ord. No. 2019-237; 3-15-2022 by Ord. No. 2022-37]
The Planning Board may issue a special permit for a day-care center subject to the following:
A.
Day-care centers shall be no more than 15,000 square feet in area.
B.
Submission by the applicant and acceptance by the Board of a satisfactory transportation management and parking plan showing the proposed utilization of the site and detailing the steps to be taken by the applicant to address traffic flow and safety concerns.
C.
Day-care centers shall not be within 500 feet of each other.
§ 331-113.7 College-related uses in North Avenue Zone.
[Added 6-18-2013 by Ord. No. 121-2013; amended 10-21-2014 by Ord. No. 169-2014]
The Planning Board may approve a college-related use where such use is permitted by special permit, subject to the following requirements:
A.
Floor Area Ratio (FAR) is 6.0.
B.
Maximum building height shall be seven stories with a maximum height of 80 feet for any parcel that has frontage along North Avenue. Maximum building height shall be five stories with a maximum height of 60 feet for any parcel that does not have frontage on North Avenue.
C.
Building coverage shall be a maximum of 90%.
D.
The parcel or an aggregate of multiple parcels shall have a minimum frontage of 100 feet.
E.
If the aggregate parcel is greater than one acre in size, all the rules and regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC) shall be complied with in their entirety.
F.
Residential uses shall be permitted on the first floor for parcels that do not have frontage on North Avenue.
G.
Parking for any Residence Hall shall be calculated as set forth in § 331-126. The applicant/owner may provide a portion of the requisite parking on an off-site lot within 1,350 feet of the subject site in the North Avenue (NA) Zone. If the applicant/owner enters into an agreement with the college providing for enforcement of the college's parking policies and usage of on-campus parking facilities, then parking can be calculated at a rate of 0.25 parking spaces per student. Notwithstanding the foregoing, a Residence Hall not fronting on North Avenue shall provide parking as set forth in § 331-126, and such Residence Hall must be either owned or directly managed by the college.
H.
Parking for any retail use or other permitted uses in the North Avenue (NA) Zone shall comply with the parking schedule set forth in § 331-126.
I.
The owner of any Residence Hall shall submit an operations and management plan, code of conduct plan, and parking plan for the facility and file any future updates to said plan with the Building Official for review by the Planning Board. Documentation shall be submitted indicating the experience of the proposed management company selected to operate the facility as a Residence Hall. Any change to such management company shall receive approval from the Planning Board.
J.
The required side and rear yards may be reduced at the discretion of the Planning Board.
§ 331-113.8 Valet and Attendant Parking.
[Added 5-20-2015 by Ord. No. 113-2015]
A.
A special permit application for valet and attendant parking shall include the following:
(1)
Name, address and telephone number of the owner/operator of the valet parking service business to be served by the private valet parking operator, and, if applicable, the name and address of the business to be served. The application shall include a telephone number that will allow City officials to contact with the owner/operator 24 hours a day. The name, address and telephone number shall also be provided for the property owner of the land to be utilized for parking vehicles.
(2)
If the valet operation will involve off-site parking, not including public parking, a legal instrument ("Agreement"), in form and filing satisfactory to the Corporation Counsel, shall be provided by the applicant between the applicant and the property owner of the site to be utilized. Should the Agreement terminate prior to the end of the term of the Special Permit, the Special Permit shall terminate as of the end date of the Agreement.
(3)
A written explanation for the need for a private valet operation.
(4)
A scaled drawing of the location and limits of the proposed valet parking service activities, including a parking layout depicting the maximum possible amount of parking, and a circulation plan.
(5)
An operation plan that shall include, but not be limited to, rules and regulation, days and times when valet parking services will be provided, fee to be charged, and any proposed signage.
(6)
An indemnity and release forms.
(7)
Proof of insurance.
B.
Special Permits issued by the Building Official under this Chapter shall specify the following:
(1)
The name and address of the business served, if applicable.
(2)
The name, address and emergency contact information for the valet operation.
(3)
The location and limits of the valet operation.
(4)
The days and times when the valet operation is permitted.
(5)
Any additional restrictions or requirements regarding the location or operation of the valet operation.
(6)
Identification tag requirements for valet operators.
(7)
The permit expiration date.
(8)
Any other conditions on the permit.
§ 331-113.9 Tandem Parking.
[Added 3-15-2016 by Ord. No. 75-2016]
A.
A special permit application for Tandem Parking shall include the following:
(1)
Name, address and telephone number of the owner of the subject development to be served by Tandem Parking, and, if applicable, the name and address of the property manager. The application shall include a telephone number that will allow City officials to contact the property owner/manager 24 hours a day.
(2)
A written explanation of the need for Tandem Parking.
(3)
A scaled drawing of the location and limits of the proposed Tandem Parking, including a parking layout depicting the maximum possible amount of parking, and a circulation plan.
B.
Special Permits issued by the Building Official under this chapter shall specify the following:
(1)
The name and address of the property owner/manager.
(2)
The location and limits of the Tandem Parking.
(3)
Any additional restrictions or requirements regarding the location or operation of the Tandem Parking.
(4)
Identification tag requirements for Tandem Parking users.
(5)
The permit expiration date.
(6)
Any other conditions on the permit.
§ 331-113.10 Craft beverage production facilities.
§ 331-113.11 Restaurants with extended hours in North Avenue College District.
[Added 12-12-2017 by Ord. No. 251-2017]
The Planning Board may approve restaurants with extended hours in the North Avenue College District subject to the following:
§ 331-113.12 Tasting rooms.
[Added 2-12-2019 by Ord. No. 2019-42]
The Planning Board may approve a tasting room where such use is permitted by special permit, subject to the following requirements:
B.
Total gross floor area shall be less than 1,000 square feet.
C.
Total occupancy shall not exceed 49 people.
E.
The hours of operation shall be determined by the Planning Board at the time of consideration for special permit, but shall not extend beyond 11:00 p.m. Sunday through Thursday and 1:00 a.m. Friday and Saturday.
F.
The location of such use shall be in accordance with the New York State Liquor Authority regulations.
G.
A tasting room shall not be within 150 feet of another tasting room. This restriction may be waived if the Planning Board determines that a tasting room in closer proximity to another tasting room would not result in an excessive number of drinking establishments for that neighborhood.
H.
If provided, off-street parking and loading shall comply with the standards set forth in Article XIV. Tasting rooms shall comply with the standard for restaurants and catering halls.
I.
All businesses shall obtain all appropriate approvals including, but not limited to, the City of New Rochelle and the New York State Liquor Authority.
§ 331-113.13 Discount variety stores.
[Added 5-21-2019 by Ord. No. 2019-105]
The Planning Board may approve a discount variety store where such use is permitted by special permit, subject to the following requirements:
§ 331-113.14 Massage establishment.
[Added 6-17-2025 by Ord. No. 2025-108]
A.
The Planning Board may approve a massage establishment whether as a primary or accessory use where such use is permitted. subject to the following requirements:
(1)
Minimum distancing requirement between establishments shall be 500'.
(2)
All massage therapists shall be licensed in the State of New York.
(3)
Hours of operation shall be set by the New Rochelle Planning Board.
(4)
If an owner, proprietor. manager, operator or employee of a message establishment engages in illegal activity in conjunction with the establishment's use, the special permit shall be forfeited.
(5)
This special permit shall be applied for and renewed every three years and the operator of such establishment shall obtain a yearly license to operate by the City.
§ 331-114 Special permit uses in the WR District.
All uses in the WR District shall be subject to the following conditions:
A.
Special permit uses shall be limited to 35% of lot area in WR Districts, including uses and structures accessory to a special permit use, except where parking is a shared use, in which case the maximum permitted lot area coverage for the special permit use shall be 40%.
B.
Any proposed hotel, inn, or residential special permit use shall be adequately screened, buffered and soundproofed from any existing nearby or adjacent manufacturing use or other use that is potentially incompatible. The Planning Board may also impose other reasonable conditions in the granting of the special permit, in addition to the following conditions:
(1)
Special permit uses shall demonstrate that no active water-dependent use will be displaced by the proposed special permit use and that the proposed special permit use will complement and be compatible with any existing water-dependent use.
(2)
Special permit uses shall demonstrate that the traffic impacts resulting from such proposed use will not deteriorate existing traffic flow conditions on streets that might be impacted or create traffic safety problems, either of which cannot be satisfactorily mitigated.
(3)
Special permit uses shall provide an attractive waterfront yard area and, whenever possible, physical access to the waterfront.
(4)
Special permit uses on sites adjacent to public rights-of-way shall provide water views from said public rights-of-way, if such views prove feasible and meaningful, in the site planning associated with future proposals.
(5)
Existing uses which are allowed by special permit in the new zoning district shall be as-of-right uses only for the site on which the uses are currently situated. Expansion of these uses shall be subject to the dimensional regulations of the new zoning district and shall be treated as an expansion of a special permit use.
(6)
All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water orientation and views, salt-water-tolerant vegetation, lighting, and screening.
§ 331-115 Special permit uses in the PWD Districts.
All uses in the PWD-3, PWD-5, and PWD-8 Districts shall be subject to the following conditions:
A.
Any proposed hotel, inn, or residential special permit use shall be adequately screened, buffered and soundproofed from any existing nearby or adjacent manufacturing use or other use that is potentially incompatible. The City Council may also impose other reasonable conditions in the granting of the special permit, in addition to the following conditions:
(1)
Special permit uses shall demonstrate that no active water-dependent use will be displaced by the proposed special permit use and that the proposed special permit use will complement and be compatible with any existing water-dependent use.
(2)
Special permit uses shall demonstrate that the traffic impacts resulting from such proposed use will not deteriorate existing traffic flow conditions on streets that might be impacted or create traffic safety problems, either of which cannot be satisfactorily mitigated.
(3)
Special permit uses shall provide an attractive waterfront yard area and, whenever possible, physical access to the waterfront.
(4)
Special permit uses on sites adjacent to public rights-of-way shall provide water views from said public rights-of-way, if such views prove feasible and meaningful, in the site planning associated with future proposals.
(5)
Existing uses which are allowed by special permit in the new zoning district shall be as-of-right uses only for the site on which the uses are currently situated. Expansion of these uses shall be subject to the dimensional regulations of the new zoning district and shall be treated as an expansion of a special permit use.
(6)
All special permit non-water-dependent buildings and uses shall be subject to waterfront design guidelines, which shall encourage nautical building design decoration, water orientation and views, salt-water-tolerant vegetation, lighting, and screening.
§ 331-115.1 Special Permit Uses in the R1-WF-10 District.
[Added 3-15-2016 by Ord. No. 77-2016]
Multifamily uses in the R1-WF-10 District.
Multifamily Uses are permitted on lots at least one acre in size and subject to the following requirements. For the purposes of calculating the below dimensional regulations of this § 331-115.1, the site area shall be based on the net area above the mean high water elevation in accordance with § 331-20.1.
A.
For structures located in the portion of the lot within 150 feet of either the adjacent single-family residential zoning district (R1-10), the lot line of a lot containing a single-family residential building, public park or public road:
[Amended 9-22-2020 by Ord. No. 2020-112]
B.
For structures located in the portion of the lot not within 150 feet of either the adjacent single-family residential zoning district (R1-10), the lot line of a lot containing a single-family residential building, public park or public road:
[Amended 9-22-2020 by Ord. No. 2020-112]
(1)
Maximum building height shall not exceed 60 feet and five stories.
(3)
At the discretion of the Building Official, an additional five feet of building height shall be allowed if required to elevate the building above the FEMA base flood elevation (one-hundred-year flood).
(4)
Rear yard setbacks shall be a minimum of 20 feet.
C.
For all multifamily uses in the R1-WF-10 District:
(1)
Building coverage shall not exceed 35%.
(2)
Impervious coverage shall not exceed 50%.
(3)
A minimum of 20% of the lot area shall be dedicated as open space on site and shall be filed and recorded in a restrictive covenant as approved by the Corporation Counsel.
(4)
Floor Area Ratio shall not exceed 0.5. Notwithstanding anything in § 331-115.1C(3) to the contrary, additional development potential in the form of a Floor Area bonus of 0.15 above the maximum permitted Floor Area Ratio of 0.5 shall be earned for a project when such project includes a contiguous area of open space in excess of 1.5 acres, which 1.5 acres of contiguous open space is in addition to the minimum 20% open space of lot area required by § 331-115.1C(3).
(5)
Lot area per dwelling unit shall be a minimum of 5,500 square feet per unit.
(6)
Must comply with the New Rochelle Flood Protection Regulations and FEMA requirements.
(7)
Must reasonably comply with Waterfront Edge Design Guidelines (WEDG) or equivalent as determined by the Planning Board.
D.
Waterfront access must be provided or payment in lieu must be paid into a waterfront access fund.
(1)
A minimum of 100% of linear frontage of any zoning lot must be reserved for public open space providing access to the water as approved by the Commissioner of Development or, in the alternative, payment in lieu must be made.
(2)
Payment in lieu fee is determined on a per unit basis, initially set at $10,000 per unit and adjusted by the City Council as needed. A prorated fee may be provided where less than 100% of the required linear footage is reserved. A payment in lieu fee will be reduced by the cost of off-site improvements that provide a public benefit as approved by the Commissioner of Development.
§ 331-115.2 eSports.
[Added 10-18-2017 by Ord. No. 205-2017]
A special permit application for eSports shall meet the following requirements:
A.
eSports may be allowed in the DB Downtown Business, DMU Downtown Mixed Use, DMUR Downtown Mixed Use Urban Renewal and MUFE Mixed Use Family Entertainment Zones where located within the Downtown Overlay Zones 1 through 4.
B.
The applicant shall submit a parking analysis to the Planning Board, and approval will be subject to the Board's acceptance of said analysis.
§ 331-115.3 Nonresidential uses in RMF-SC-4.0 Zone.
[Added 6-19-2018 by Ord. No. 2018-127]
Nonresidential uses in the RMF-SC-4.0 Zone shall meet the following requirements:
A.
A minimum of 200 feet of site frontage, or 150 feet for community-purpose buildings.
[Amended 3-19-2019 by Ord. No. 2019-68]
B.
Frontage on Lincoln Avenue, except for community-purpose buildings.
[Amended 3-19-2019 by Ord. No. 2019-68]
C.
Hours of operation, delivery times, and trash removal shall be set by the Planning Board.
§ 331-115.4 Electric vehicle charging stations.
[Added 2-11-2020 by Ord. No. 2020-29]
The Planning Board may approve an Electric Vehicle Charging Station where such use is permitted by special permit, subject to the following requirements:
A.
Landscaping, screening, lighting and hours of operation shall be subject to the review and approval of the Planning Board.
B.
Each EV station shall be provided with a charging space the dimensions, access and design of which shall comply with the zoning requirements and design standards of a parking space.
C.
Queuing for a charging station shall not obstruct a drive aisle.
D.
There shall be no limit to the number of charging stations.
E.
Charging spaces may be provided in lieu of the required parking spaces by no more than 5% of the minimum required parking as set forth in § 331-126.
F.
The use shall comply with all other zoning requirements applicable.
§ 331-115.5 Off-street parking and loading space requirement reductions.
[Added 5-18-2021 by Ord. No. 2021-63]
The Planning Board shall have the authority to approve a special permit for off-street parking and loading space requirement reductions as set forth in § 331-126D subject to the following:
§ 331-115.6 Smoke Shops.
[Added 1-21-2025 by Ord. No. 2025-19]
A retailer that sells tobacco products must secure a retail dealer and vending machine registration under New York Tax Law, § 480-a.13. To sell vapor products, a retailer must secure a vapor products dealer certificate of registration under New York Tax Law § 1183.14. To sell tobacco products and vapor products, a retailer must secure both registrations, which are issued by the New York State Department of Taxation and Finance.
A.
The Planning Board may approve a smoke shop where such use is permitted by special permit, subject to the following requirements:
(1)
Smoke shops shall not be within 1,000 feet from another smoke shop, adult on-site cannabis consumption lounge, and/or adult-use cannabis retail dispensary.
(2)
Smoke shops shall not be within 500 feet from a school, child care center, children's institution, playground and/or youth center.
(3)
Smoke shops shall not be within 200 feet from a house of worship.
(4)
Hours of operation shall comply with the State Liquor Authority standards for liquor stores.
(5)
Located on ground floor of an enclosed building.
B.
All distancing measurements shall be from primary entrance to primary entrance as per the New York State Office of Cannabis Management.
§ 331-115.7 Adult on-site cannabis consumption lounges with extended hours.
[Added 1-21-2025 by Ord. No. 2025-19]
The Planning Board may approve adult on-site cannabis consumption lounges with extended hours where such use is permitted by special permit, subject to the following requirements:
A.
Allowable hours of operation are as permitted for restaurants, bars and taverns by the State Liquor Authority in Westchester County, and as permitted by the New York State Office of Cannabis Management.
B.
If it finds that such action is warranted by reason of the particular character of surrounding tenant spaces and properties.
§ 331-116 Expiration; modification; renewal.
A.
Expiration. A special permit shall be deemed to authorize only the specific use identified in the permit and, unless other provisions are specifically set forth by the approving agency, the special permit shall expire if said use shall cease for more than one year for any reason, or if substantial construction, in accordance with the special permit, has not been completed within two years from the date of issue.
B.
Modification of special permit uses. Any change or increase in use or reduction in lot size requires amendment to the special permit in accordance with the application and review requirements of this article except that the Building Official may issue building permits as requested, without amendment of the special permit, where he/she finds that:
(1)
There is no change in use, or that the proposal falls within the definition of the existing special permit use.
(2)
The change would require less than 10 additional parking spaces. Notwithstanding the above, the Building Official may require the formal filing of a complete amended application where he/she finds that the proposed change will be significant in the essential characteristics of the existing layout, arrangement or use of buildings or land.
C.
Renewal. On written application, a special permit approved with a time limitation may be renewed by the Building Official upon notice to the approving agency which authorized the issuance of the special permit, provided that no such renewal shall be made by the Building Official unless there has been compliance with all applicable codes, ordinances, regulations and conditions of the special permit. The Building Official shall notify, in writing, the approving agency which authorized the issuance of the special permit at least 45 days prior to the effective date of such renewal. No such renewal shall be made by the Building Official if there is objection by a majority vote of the approving agency, as listed in § 331-87.