Not more than 125 portable tanks, cylinders or containers, totaling in the aggregate not more than 2,500 gallons' capacity, shall be permitted to be stored at any time on the premises.

The storage must at all times be maintained on a loading platform above ground level situated in a cleared area maintained not less than 75 feet to the rear of the principal business building and at least 25 feet from both side lines, completely enclosed by a permanent chain-link fence not less than six feet in height with gates and suitable locking devices. The cleared area must at all times be maintained to a distance of not less than 10 feet surrounding the fence. Warning signs as required by the approved plan shall be conspicuously posted and maintained along said fence at all times.

The loading platform must be constructed on concrete or steel piers and shall be constructed so that no portion thereof will extend above the height of the fence surrounding it.

The gates of such fenced area must be kept locked at all times when said area is not in use.

Adequate dry-powder extinguishers, as required, must be maintained at all times in the storage area and in the principal business building.

Shrubbed area and screening of the premises as required by the approved plan shall at all times be maintained to protect adjoining residential or other areas.

The site for each scientific research center shall have a minimum area of 50 acres, a minimum width of 1,000 feet, a minimum depth of 1,000 feet and a minimum frontage of 1,000 feet along a major or secondary road as shown on the Town Development Plan.

Use of a scientific research center site shall be limited to research in the natural sciences by a nonprofit organization, plus incidental educational activities, including seminars, lectures, biological laboratory study, group discussions and field study, with residence on a permanent basis limited to only those employees and their families necessary for the operation and maintenance of the facility.

The maximum number of persons permitted to occupy, attend, or be present at scientific research center sites at any one time shall be equal to no more than two persons for each one acre of site area, except that gatherings lasting not longer than one day, of no more than four persons for each acre of site area, may be held four times in any calendar year.

Temporary guests shall be permitted to reside on the site, provided that they are participating in the activities of the center, provided that the density standards of Subsection B(3) are not exceeded and further provided that such guests are not in residence on the site for a period exceeding 10 days, except that scientific institute participants may reside on the premises of the institute for a period which shall not exceed six weeks in any calendar year. In addition, up to 20 students duly enrolled in academic programs conducted at the research center may reside on the property during the period of their academic study.

Off-street parking for scientific research centers shall be provided on the basis of at least two spaces per resident family, one space per employee and one space per three guests intended to occupy the site at any one time. In addition, parking spaces for students residing and enrolled in academic programs conducted at the research center shall be provided on the basis of one off-street parking space for each student.

Setbacks for new main buildings shall be at least 300 feet from any adjoining residential properties, 150 feet from any roads and 50 feet from any adjoining business properties. Setbacks for all new accessory buildings and parking areas shall be at least 100 feet from any adjoining residential properties, 100 feet from any roads and 25 feet from any adjoining business properties. Lesser setbacks for accessory buildings and parking areas may be approved by the Town Board in acting on any plan submitted in accordance with §§ 355-33 through 355-39, provided that proper protection is provided to neighboring residential areas.

The maximum height limitations for all buildings on a scientific research center site shall be 2 1/2 stories and 30 feet, and the maximum building coverage shall be limited to 5% of the total site area.

Location. Convalescent or nursing homes shall be permitted only in locations fronting on or having direct access to a major or collector road.

Site size. The minimum site size shall be four acres.

Density. The maximum permitted density shall not exceed 12 patient beds per acre.

Coverage. Building coverage, including accessory buildings, shall not exceed 10% of the lot area, nor shall the sum total of land covered with buildings and parking, including driveways, exceed 30% of the lot area, within any residence district.

Setbacks. All buildings shall be set back from adjoining properties in residence districts, and from street lines directly opposite properties in residence districts, a distance equal to at least twice the height of such buildings, but in no case less than twice the maximum yard requirement for the district. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residence district.

Occupancy and building type. The building may be occupied only by patients, staff members and the family of the owner or of one staff member. Any building to be used for convalescent or nursing home purposes shall be of fireproof construction and not more than two stories in height.

Off-street parking and loading. Minimum off-street parking requirements shall be as provided in Article IX. One off-street loading space shall be provided for each 100 patient beds or major portion thereof.

Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 355-15M of this chapter, shall be required along all lot lines adjoining properties in residence districts.

Other requirements. In addition to the special standards described above, convalescent and nursing homes shall comply with any other requirements of this chapter, any other special requirements deemed appropriate by the Town Board in accordance with the provisions of Article VII herein and all other applicable laws and regulations governing convalescent and nursing homes.

Use. Horses shall be solely for the noncommercial use and enjoyment of residents and their guests and no for-profit horse shows shall be permitted.

Special setback requirements. All buildings and grazing and exercising areas shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Town Board may either increase or decrease this setback requirement because of relationships to neighboring properties, topography or the installation of buffer, landscaping and/or fencing. In no case, however, shall the minimum setback from adjacent residential property boundaries be less than 25 feet.

No less than one acre of land shall be available for each additional horse.

Permitted grazing and exercising areas. Horses must be fenced and shall not be permitted to graze, exercise or in any way intrude into any areas designated as controlled areas under Chapter 340, Wetlands and Watercourse Protection, of the Town Code.

Grooms quarters. Apartments may be provided for grooms and any other employees required to manage the horses to be stabled on the site. Such apartments shall be used only by such employees and occupied only during that period of the year when horses are stabled on the site. There shall be no more than one bedroom for every five horses stabled on the site. To the maximum extent practicable, the arrangement of such apartments shall be so designed so that kitchen and bathroom facilities are shared in common.

Additional application requirements. In addition to the general application requirements for special permit uses specified above, the application for additional horses shall contain the following:

They may only be located in multitenanted buildings.

No consumption of food or beverages shall be allowed in automobiles parked upon the premises or at other locations on the premises outside of any building.

Parking and loading spaces shall be provided in accordance with Article IX, but in no case shall less than one loading space be provided.

In order to limit traffic generation to no more than 1,400 trips in any twenty-four-hour period or 175 trips in any one-hour period, gross floor area shall not exceed 2,500 square feet.

Adequate receptacles shall be provided for the deposit of waste materials.

Waste materials which tend to create a public nuisance on the premises shall be disposed of at least once in every 24 hours, Sundays and federal holidays excepted.

Quiet and good order shall be maintained upon the premises and disorderly conduct or loitering shall not be permitted.

The Town Board may, in connection with its action on a special permit application, set any other additional requirements it deems appropriate, including but not limited to limiting the hours of operation.

Location. Merchandise shall not be displayed, nor shall any tables, chairs or other furnishings be placed, in such a way so as to interfere with ingress and egress by pedestrian and/or vehicular traffic. Where sidewalk areas are to be used, there shall be a clear, unobstructed path for pedestrians no less than four feet in width measured from the edge of the curb. In the CB-A District, in addition to the above, merchandise shall not be displayed nor shall tables, chairs or other furnishings be located outside of the building area for the particular lot. In all cases, the area to be used shall be entirely on the same lot as the principal use. Outdoor display and sales shall not be located in any yard adjacent to or across the street from a residential district, nor shall such use be located within any yard adjacent to an occupied residence located within a nonresidential district where the Town Board determines that such residence would be negatively impacted.

Area.

Parking. The Planning Board shall review the parking needs of both the principal use and the proposed special permit accessory use and shall provide a recommendation to the Town Board with regard to the adequacy of the existing parking and any additional parking that should be provided to serve the use. If the Town Board determines, based on the Planning Board's recommendation, that additional parking is needed, the Town Board shall not grant the special permit unless such spaces can be provided and shall require the improvement of such spaces either prior to or as a condition of the issuance of the special permit.

Materials and landscaping. Materials shall be displayed and tables, chairs and other furnishings shall be placed on a paved surface that shall be located and designed so as to provide for cleanliness and ease of maintenance and to prevent any disturbance to landscaping. Areas shall be suitably landscaped to provide attractive and effective buffering and screening. The Town Board shall refer the design to the Architectural Review Board for its review and report regarding the proposed type and arrangement of outdoor furnishings, the relationship to existing structures' uses and other aesthetic considerations.

Application. Application procedures shall be as stated in § 355-34 of this chapter. However, the Town Board may waive the submission of a detailed development plan required in § 355-34C where it deems appropriate. In such cases, the applicant shall submit a drawing of an appropriate scale with details and dimensions sufficient to be easily discernible in the field. Where the proposed use is a seasonal activity so that such use may be temporarily discontinued for a period not to exceed 12 months and where not precluded by the Town Board, the special permit application may be renewed by application to the Town Building Inspector prior to the display of merchandise or placement of tables and chairs outside, provided that the location and arrangement is the same as that approved by the Town Board. The fee for such renewal shall be set forth in the Master Fee Schedule.[1]

Helistops shall be permitted only on lots having an area of at least 50 acres and shall be set back at least 500 feet from any street, property line or occupied building.

If a helistop is to be located within 1,000 feet of any residence building in a residence district, the applicant shall be required to submit noise tests conducted on the property by an independent acoustical consultant utilizing approved sound-detection equipment and relating his findings to the Farnborough Intrusiveness Scale or other similarly recognized standard.

All landings and takeoffs shall be during the daylight hours only and shall be carried out in accordance with visual flight rules weather conditions; provided, however, that up to 40 uses (one landing and one takeoff constitute one use) per month may take place during non-daylight hours, on condition that each such non-daylight use must take place prior to 9:00 p.m.

Any helicopters using such a facility shall be jet-powered, unless it is determined to the satisfaction of the Town Board that a different type of helicopter will result in a comparable or lesser noise level, and shall have a capacity of no more than eight passengers.

The use of a helistop shall be limited to persons occupying or employed on the premises and their visitors and guests.

The helipad (landing surface) shall be paved and maintained free from dust, dirt and other loose material which could be blown onto adjoining properties by the air wash.

All federal and/or state licenses or approvals which are necessary for the operation of such a facility shall be obtained by the applicant and shall be maintained throughout the duration of the use, and all applicable federal and/or state rules and regulations shall be strictly complied with.

In connection with its action on a special permit application, the Town Board may require submission of any additional studies and/or other information which it determines appropriate and may impose any additional standards and requirements as it deems necessary to promote the health, safety and general welfare of the community, including but not limited to limitations on the number and/or frequency of flights and the location of ingress and egress routes.

No helistop shall be permitted unless its location will permit the final ingress and egress routes within 1/2 mile of such location to be over nonresidential lands.

Location. The uses listed in this subsection may be permitted only in locations fronting on or having direct access to major or collector roads as determined by the Planning Board and shown on the Town Development Plan Map.

Coverage. Building coverage, including accessory buildings, shall not exceed 20% of the lot area, nor shall the sum total of the land covered with buildings and parking areas, including driveways, exceed 50% of the lot area.

Setbacks. All new buildings shall be set back from adjoining properties in residence districts, and street lines directly opposite properties in residence districts, a distance equal to at least twice the normally applicable front yard setback requirement for detached one-family dwellings in the zoning district in which they are located, but in no case less than 50 feet. Off-street parking areas shall not be permitted in any required front yard, nor in any required side or rear yard within 20 feet of any adjoining property in a residence district. Setback requirements may be modified by the Town Board in cases of conversions of existing buildings.

Buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 355-15M of this chapter, shall be required along all lot lines adjoining properties in residence districts.

Other requirements. In addition to the special standards described above, uses shall comply with any other requirements of this chapter and any other special requirements deemed appropriate by the Town Board in accordance with the requirements of Article VII herein.

Purpose. It is the purpose and intent of this subsection to encourage the use of land in residence districts for recreational facilities, such as golf courses, tennis and swimming clubs and similar facilities, to provide for the recreational needs of the Town. It is the further purpose and intent of permitting such uses to encourage the maintenance of significant tracts of land as open space to protect and enhance the environmental and visual quality of the Town. Finally, it is the purpose and intent of this subsection to assure that such diverse types of recreational uses are developed and managed so as to protect the quality of the environment and the property values of adjacent and nearby residential areas.

Location and use.

Buffer area. A landscaped buffer area of at least 25 feet in width shall be required along all lot lines adjoining or across the street from properties in residence districts, unless a larger buffer area is required by any other provision of this chapter. A landscaped buffer area shall not be required along any lot line adjoining a golf course community.

Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be located out of doors and shall be subject to a Town Board special use permit pursuant to Article VII of this chapter. However, where the scale of buildings and setbacks are such that placing such uses indoors would relate harmoniously to the existing residential character of the district in which the membership club is located, they may be placed within permanent or temporary structures via Town Board special use permit pursuant to Article VII of this chapter. Such facilities shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Town Board may permit a reduction of this additional setback requirement where, because of topography or the installation of additional buffer landscaping and/or fencing, the Town Board determines that any potential adverse external effect of such facility can be effectively reduced.

Management. The use and management of any facility under the terms of any special permit approval shall be the responsibility of the membership club. Suitable evidence, such as organizational documents, shall be provided as a part of the special permit application to describe the organizational structure and operating rules of the club.

Other requirements. In addition to the special standards described above, any club shall comply with any other requirements deemed appropriate by the Town Board in accordance with the requirements of Article VIII herein.

Public utility substations shall be subject to a finding, in addition to all other findings required by Article VII, that a public necessity exists for a utility substation in a residential area, and that the particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future, as well as present, needs.

The lot on which the utility substation is located shall have an area of at least 10,000 square feet. The station shall be set back at least 25 feet from all property lines and enclosed by protective fencing with a gate which shall be closed and locked except when necessary to obtain access thereto.

The installation shall be so designed, enclosed, painted or colored and screened with evergreens that it will be harmonious with the residential area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the neighborhood in which it is located.

Purposes. It is the specific purpose and intent in allowing accessory apartments in single-family residence districts to provide opportunity and encouragement for the development of small rental housing units designed to meet the special housing needs of persons of low- and moderate-income, especially the young and the old, and of relatives of families living in North Castle. It is also the purpose and intent of this subsection to allow the more efficient use of the Town's existing stock of dwellings and accessory buildings, to provide economic support for present families of limited income and thereby promote the protection and preservation of property values. Further, it is the purpose and intent of these regulations to assure the maintenance of the single-family character and property values of neighborhoods through resident-owner occupancy of lots and dwellings where an accessory apartment might be located. To help achieve these goals and to promote the other objectives of this subsection, the following specific standards are set forth for such accessory apartment uses.

Application. Application for a special permit for an accessory apartment shall be made to the Planning Board and shall be in the form as required for all special permit uses outlined in § 355-34. The applicant must be the resident owner of the property. Said plan shall be prepared by a registered architect or licensed and registered engineer and shall contain or be accompanied by the following information: a map showing the applicant's entire property at a scale of from one inch equals 20 feet to one inch equals 100 feet; a location map showing adjacent properties and streets; the location and design of all buildings and structures; the proposed division of the principal dwelling, showing the accessory unit, if appropriate; a detailed plan of the use of floor space by type of use and floor level; existing topography and proposed grade elevations; location of driveway(s) and parking; and a description of the method of water supply and sewage disposal and location of such facilities. Where previous knowledge of a site and the potential accessory apartment location permit, the Planning Board may waive preparation of a site plan, except for interior floor plan descriptions. Upon receipt of a complete application, the Planning Board shall forward one copy to the Building Inspector and copies to other agencies where determined appropriate.

Occupancy. The owner of the lot on which the accessory apartment is located shall occupy either of the dwelling units on the premises. Owner occupancy of one of the units shall continue for the duration of the special permit. Alternative forms of ownership may include but are not limited to corporate ownership, partnership ownership, an estate or trust ownership, subject to review by the Town Attorney to ensure that the intent of this section and this Subsection K are fulfilled.

Location and waiting periods.

Number of accessory apartments per lot. There shall be no more than one accessory apartment per lot.

Exclusion from preexisting boardinghouses. No accessory apartment shall be permitted in any dwelling unit utilized as a boardinghouse previously established under the provisions of this chapter.

Exclusion for professional offices or home occupation uses. No accessory apartment shall be permitted on any lot currently utilized as an office of a professional person or home occupation, as defined in § 355-4 and as regulated in § 355-21.

Conformance with other district standards. Any principal or accessory building in which an accessory apartment is proposed shall meet all applicable setback requirements and other standards for the district in which it is located.

Off-street parking and location. Off-street parking for accessory apartments in residence districts shall be provided in accordance with the requirements of Article IX. Where practicable, the Planning Board shall require that off-street parking for accessory apartments be located in the side or rear yard of the lot and in no case less than 20 feet from a front property line.

Exterior appearance. If an accessory apartment is located in the principal dwelling, the entry to the unit and its design shall be such that the appearance of the dwelling shall remain as a single-family residence.

Apartment size. The minimum size of an accessory apartment within a principal dwelling shall be 300 square feet. Where the gross floor area of the dwelling is less than or equal to 2,000 square feet, the accessory apartment shall in no case exceed 33% of such area. Where the gross floor area of the dwelling is greater than 2,000 square feet, the permitted maximum size of the accessory apartment may be increased by 25% of the gross floor area in excess of 2,000 square feet. In cases of accessory apartments established prior to October 11, 1984, upon recommendation of the Building Inspector, the Planning Board may, at its option, increase these percentages to no more than 35% and 27%, respectively. The minimum size of an accessory apartment located in an accessory building shall be at least 300 gross square feet. There shall be no more than two bedrooms per accessory apartment.

Building Inspector review and report. Within 30 days of receipt of a completed application which indicates conformance to all dimensional standards set forth above, the Building Inspector and the Fire Inspector shall conduct an on-site inspection of the residence and shall report on such inspection to the Planning Board and shall include in these reports the compliance of the proposed accessory unit with the requirements of this subsection, as well as building and fire codes, and other information as may be requested by the Planning Board.

Public hearing and Planning Board action.

Utility service. Prior to the issuance of a building permit for the establishment of an accessory apartment, the existing septic disposal system shall be reviewed by the Westchester County Department of Health, except where public sewer is provided. The Building Inspector shall reject all applications for building permits for accessory apartments in those cases where the Health Department report indicates that the septic system is inadequate for the requested use, or contains recommendations for improvements to the system until such time as such recommended improvements are installed. The applicant shall demonstrate to the Building Inspector that the septic disposal system has been cleaned within one year of the date of application. For properties provided with water supply from an on-site well, the applicant shall also collect a sample of well water for microbiological analysis to determine the presence of the coliform group. Such sample shall be analyzed by a state-approved laboratory, and the results shall be reported to the Building Inspector and Health Department.

Reinspection. Accessory apartments which have been approved by the Planning Board, following due notice and public hearing, shall be reinspected by the Building Inspector every three years. The purpose of such continuing reinspection of the accessory unit shall be to determine if all required conditions of approval continue to be complied with, and report on such findings to the Planning Board. At the same time of such inspection, the Building Inspector shall also review and report on compliance with off-street parking requirements. If the Building Inspector finds that additional parking is necessary for the lot, he shall report such finding to the Planning Board and recommend the number of additional spaces to be provided. On the recommendation of the Building Inspector, the Planning Board may make a finding that the original conditions of special permit approval continue to be complied with, modify the conditions of special permit approval in accordance with the Building Inspector's recommendations or revoke the accessory apartment special permit approval.

Change of ownership. Special permit uses for accessory apartments shall terminate upon change of ownership. See also the provisions of Subsection K(4) regarding application only after two years after change of title.

Severability. Subsection K(14) shall expire on April 30, 1986, unless affirmed by resolution of the Town Board.

Location. Private stables shall be permitted only on lots of not less than 25 acres.

Special setback requirements. All buildings and grazing and exercising areas shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Town Board may either increase or decrease this setback requirement because of relationships to neighboring properties, topography or the installation of buffer landscaping and/or fencing. In no case, however, shall the minimum setback from adjacent residential property boundaries be less than 100 feet.

Density. At no time shall the maximum number of horses exceed two per acre.

Permitted grazing and exercising areas. Horses must be fenced and shall not be permitted to graze, exercise or in any way intrude into any areas designated as controlled areas under Chapter 340, Wetlands and Watercourse Protection.

Grooms quarters. Apartments may be provided for grooms and any other employees required to manage the horses to be stabled on the site. Such apartments shall be used only by such employees and occupied only during that period of the year when horses are stabled on the site. There shall be no more than one bedroom for every five horses stabled on the site. To the maximum extent practicable, the arrangement of such apartments shall be so designed so that kitchen and bathroom facilities are shared in common.

Additional application requirements. In addition to the general application requirements for special permit uses specified above, the application requirements for private stables shall contain the following:

Purpose. It is the specific purpose and intent of this subsection that, in allowing facilities for the production and distribution of asphaltic or other forms of concrete in the Industrial A (IND-A) District, such facilities be constructed, operated and maintained in conformance with the general purposes of this chapter and the applicable laws and regulations of the Town of North Castle and that conditions of any approval be set forth to address the site-specific aspects of any proposed facility. It is the purpose and intent of this subsection to assure, to the maximum extent possible, that the construction, operation and maintenance of such facilities is undertaken in a manner which will protect the public health, safety and welfare. Specifically, this subsection intends to prevent significant degradation of air quality and to minimize increases in noise and traffic. It is the purpose of this subsection to identify and avoid all other potentially detrimental impacts on the environment, with particular concern for the protection and preservation of any adjacent or proximate residentially zoned and occupied properties. It is the purpose and intent of this subsection to negate any potential conflicts between such facilities and other surrounding land uses. It is the intent of this subsection that only an asphaltic concrete plant or a concrete plant may operate on a site at any given time. In no event shall an approved site be occupied at the same time by both an asphalt and a concrete plant. It is the further intent of this subsection to require that the operation of an asphaltic or concrete plant shall be subject to the conditions of a special use permit as well as to site plan review and approval by the Planning Board, any other provisions of the laws, ordinances or regulations of the Town of North Castle notwithstanding. To help achieve these goals and to promote the other objectives of this subsection, the following specific standards are set forth for such facilities.

Location. Facilities for the production and/or distribution of asphaltic or other forms of concrete shall be located on parcels of not less than one acre in area. Such facilities shall neither adjoin (i.e., share a common property line) nor be located within 50 feet from any residentially zoned land. Access and frontage shall be on either a state or county highway.

Special setback requirements. Building materials, storage areas, vehicular operations and parking areas shall be located at least 25 feet from any property line, except that the Town Board, in acting upon the required special permit, may increase or decrease this setback requirement due to relationships to neighboring properties or other environmental concerns.

Landscaping. The Town Board shall require landscaping sufficient to screen those activities on the site from adjacent roads and from adjoining properties. Such landscaping shall be of such type and location as to adequately screen the activities on the lot from adjacent properties and roads and to ultimately screen activities on the lot, to as great an extent as is reasonably possible, from the view of existing residences in the nearby residential district. A wall or fence of location, height, design and materials approved by the Town Board may be used to enhance the required landscaped screening. The required landscaping and other screening shall be properly maintained throughout the life of the use that is on the site.

Lighting. All exterior lighting shall be located so that the source of the light and any objectionable glare therefrom is not visible from any neighboring property. The height, intensity, spacing and design of all exterior lighting fixtures shall be such that they will be in character with the area in which they are located. The level of lighting shall be limited to that necessary for safety and security purposes. The lighting system design shall be subject to the approval of the Town Board as part of the required special permit.

Additional application requirements. Along with those application requirements listed in § 355-34 of this chapter, applicants for facilities for the production and/or distribution of asphaltic or other forms of concrete shall submit additional information as may be required by the Town Board. The Town Board may request review of any submitted plans and materials by the Town Engineer, the Town Fire Commissioner, other agencies or by any consultants whose expertise the Board deems is required for such review. The cost of the aforementioned review of plans and materials by any consultant required by the Town Board shall be entirely borne by the applicant. The Town Board shall not impose any such costs upon the applicant without the express written approval of the applicant. Such agencies or consultants shall have 30 days to submit a report as required in § 355-35 of this chapter. The required additional materials shall include but shall not be limited to the following:

Standards. The Town Board shall not issue a special permit for a facility for the production and/or distribution of asphaltic or other forms of concrete unless all of the requirements of Article X of this chapter, as well as the following standards, are met:

Hours of operation. The Town Board may limit the hours of operation in order to reduce the impacts of the proposed facility on neighboring properties and on the areawide traffic system. In no case shall the gates of the facility open nor shall any aspect of the operation of the facility occur before 7:00 a.m. or after 6:00 p.m. local time, nor shall operation on Saturdays, Sundays and federal holidays be permitted.

Monitoring. In order to assure that the specific standards of this subsection and Article X of this chapter are attained, as well as to assure continued compliance with the conditions of the special permit, the Town Board shall require that the applicant monitor specific factors and provide reports on a quarterly basis to the Town Board. The Town Board reserves the right to demand a written report on any or all of those factors at any time as dictated by the need to protect the health, welfare and safety of the community. Such a report must be delivered to the Town Board and the Town Engineer within seven days of the date of the request. Such monitoring shall be undertaken in accordance with the applicable provisions of this chapter, as well as other Town, county, state and federal guidelines. An approved facility may not operate unless it is in strict conformance with all of the requirements and conditions of this subsection, the laws and regulations of the Town of North Castle, the conditions of site plan approval of the Planning Board and the conditions of operation attached to the special permit approval. If at any time the Building Inspector determines or the required monitoring reveals that the use is no longer in full compliance with the above-mentioned requirements and conditions, then the operation of the facility shall be discontinued. The special permit shall, in that instance, be considered to be revoked until required repairs, improvements or changes in operation are effected as necessary to assure that all standards and conditions are fully complied with as determined by the Building Inspector. In the event that an approved facility is found to be in noncompliance on three separate occasions within one twelve-month period, reinstatement of the permit to operate shall not be granted by the Town Board or any other agency of the Town until the question of compliance and reinstatement is the subject of a publicly held and advertised meeting of the Town Board.

Liability. The Town Board shall require environmental impairment insurance for any claims for damage to property or bodily injury or death which may arise out of or result from the applicant's operation of the proposed facility, whether such operations be carried out by the applicant or by any other party responsible for the operation of the proposed facility. This insurance shall be written for an amount determined by the Town Board on advice of its counsel, engineering consultant and risk management advisor and shall have an extended discovery period from the date of the plant's closure and lapse of such policy of not less than 36 months. Such insurance shall be deemed by counsel to be sufficient to settle the anticipated liability requirements of any or all potentially affected individuals, municipalities, the County of Westchester and State of New York related to the operation of the proposed facility, and the Town of North Castle shall be named in the policy as "additional insured."

Consent requirement. Notwithstanding all other requirements of this subsection, when the site of the proposed facility is within 1/2 mile of any residentially zoned property within the Town of North Castle, it is the finding of the Town Board that such a proposed use has sufficient potential to be detrimental to the public health, safety and welfare of surrounding residents within that radius that the Town does hereby invoke a consent requirement. The applicant shall be required to provide the Town Board with written consent to the proposed facility and its operation in the form of a petition signed by a minimum of 51% of the ownerships of property within the Town of North Castle within a half-mile radius of the geographic center of the proposed site. A property that is 50% or more encompassed by the aforementioned radius and within the Town of North Castle shall be considered to be eligible to sign the consent petition. The required petition shall be a condition of any special use permit which may be granted under this subsection and shall be presented to the Town Board within 45 days after the close of the public hearing on the application. No special use permit or any other permit or license for said use may be granted by the Town Board prior to satisfaction of this requirement. In the event that majority consent cannot be obtained by the applicant within the prescribed time period, the Town Board shall then deem the application to be null and void and the application shall be deemed to be rejected by the Town Board. Each property ownership of each lot within the described radius shall have one opportunity to sign the consent petition, regardless of variations in size and/or valuations of the lots. The consent petition shall be as described in Article 12, § 191, of the Town Law of the State of New York ("Petition"), except that a simple majority of property and resident ownerships within the described radius shall be required to indicate consent for completion of the application for a special use permit. Such petition shall describe the boundaries of the required radius in a manner sufficient to identify the lands included therein as in a deed of conveyance, which description must be approved by the Town Engineer and the Town Attorney or Counsel to the Town of North Castle, and shall be signed by the authorized owners and acknowledged or proved in the same manner as a deed to be recorded. The petition shall clearly state the purpose of the special use permit being sought and must be approved by the Town Attorney or Counsel to the Town of North Castle for clarity and sufficiency prior to being offered for signatures. Certification and verification of signing eligibility and certification that the requisite majority approval has been obtained by the applicant shall be the sole responsibility of the Town Attorney or Special Counsel to the Town of North Castle, who shall certify the results in writing to the Town Board. All costs of the consent procedure shall be borne by the applicant.

Purpose. It is the specific purpose and intent in allowing country inns as a permitted special use in single-family residence districts to encourage an alternative use of large estate properties to that of residential subdivision. It is also the purpose and intent of this provision to allow for the use and reconstruction of estate buildings that have significant architectural and/or historic qualities and importance to the Town. Finally, this subsection seeks to assure that such uses are designed and maintained so as to protect the character and property values of the surrounding single-family neighborhoods. To help achieve these goals and to promote the other objectives of this chapter, the following specific standards are set forth.

Location. Country inns shall be permitted only on lots with an area of not less than 25 acres and shall have no less than 300 feet of frontage.

Special setback requirements. All buildings and other active uses shall be set back from adjacent residential property boundaries at least twice the minimum distance required for residential buildings in said district, except that the Town Board may either increase or decrease the setback requirement because of relationships to neighboring properties, topography or the installation of buffer landscaping and/or fencing. In no case, however, shall the minimum setback from adjacent residential property boundaries be less than 100 feet. Parking areas and access drives shall also be located so as to comply with the above setbacks, except where to do so would require extensive regrading, disturbance to significant features or inappropriate and inefficient traffic flow. The Town Board may permit a reduction in the required setback for parking areas and access drives to 50 feet in such cases and where adequate screening can be provided to protect adjacent property owners.

Use. The use of a country inn and any buildings or structures located on the site shall be limited to the activities listed below. Such uses shall be planned and located as an integral part of the country inn and located on the same parcel:

Buildings. As it is the purpose of this subsection to encourage the appropriate use and maintenance of existing buildings of architectural or historic significance to the Town, the principal uses permitted in this subsection shall, to the maximum extent practicable, be located within the existing building(s) on the site. However, where necessary to assure a financially viable use, the Town Board may permit the expansion of the existing building or the construction of new buildings. The building coverage for all principal and accessory buildings shall not exceed that permitted in the zoning district in which the site is located. In addition, the total land coverage, including the area of the buildings, parking areas, access drives and other impervious surfaces, shall not exceed 20% of the site.

Standards for approval. No application for a special permit for a country inn shall be approved unless the following standards are met:

Purpose. It is the purpose and intent of this subsection to encourage the retrofitting of large existing, structurally sound, institutional/public use buildings to encourage the development of a variety of housing types on suitable sites located adjacent to a retail business zone and convenient to existing public transportation.

Minimum site and building requirements. The minimum site area shall be at least two acres and the site shall have at least 300 linear feet of frontage on a major or collector road as shown on the Town Development Plan Map. The building proposed for conversion shall have been constructed prior to 1940 and shall be set back at least 55 feet from any street or property line.

Permitted uses. There shall be no principal use other than multifamily, and such usage shall only utilize the existing interior space of the building. The number of units, average square feet per unit and the number of bedrooms per unit shall be subject to Planning Board approval. The use of the building and site shall be planned in such a way as to maximize the preservation of any features of historical or architectural significance of any such structure. Accessory uses shall be as permitted in the R-MF District.

Floor area. The minimum gross floor area of all dwelling units shall be in compliance with § 355-24I(2). The maximum gross floor area shall not exceed two times the minimum standards.

Parking requirements. On-site parking requirements shall be in compliance with Article IX and may be met in total or in part by accessory garages. Visitor parking spaces shall be as required by the Planning Board.

Buffer areas. Landscaped buffer areas shall be provided as determined necessary and appropriate by the Planning Board.

Special setback requirements. All active recreational facilities, such as tennis courts and swimming pools, shall be in such locations on the site and shall have such setbacks as required by the Planning Board.

Other requirements. In addition to the special standards described above, any multifamily conversion shall comply with the requirements of Article VII herein and shall be subject to site plan review by the Planning Board.

Intent.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Required approvals.

Documentation required. Each application for a special permit for a day-care center shall include the following:

Physical dimensional requirements.

Purpose. It is the purpose and intent of this subsection to permit, subject to the limitations set forth below, increased density on certain sites in the DOB-20A Zone, with accompanying modifications to coverage requirements and yard and buffer setbacks.

Application. The provisions of this subsection shall be applicable only to sites that meet all of the following criteria:

Physical dimensional requirements. Notwithstanding any other provisions of this chapter, the Town Board, by special permit, may modify certain physical dimensional requirements for properties in the DOB-20A Zone as follows:

Expiration. Notwithstanding any other provision of this chapter, the Planning Board, in granting site plan approval, amended site plan approval, or an extension of a previously granted site plan approval for a project which has received special permit approval from the Town Board under this Subsection Q, is hereby authorized to establish an expiration date for said site plan approval such that it will expire on the same date as or on any date prior to the special permit approval granted by the Town Board.

Towed vehicles shall be stored within a secured vehicle storage area that is not accessible to the public.

Car storage areas shall be effectively screened as not to be visible from adjoining property or public rights-of-way.

Indoor bays shall be located at the rear of the structure, not facing the public right-of-way, and as far as possible from adjoining residential uses.

All site lighting shall be stationary and directed away from adjoining properties and the public right-of-way.

Trucks shall not be dispatched from the auto impound lot between the hours of 7:00 p.m. and 8:00 a.m.

Impounded or damaged vehicles shall not be brought to the auto impound lot between the hours of 7:00 p.m. and 8:00 a.m.

Vehicles shall not be retrieved from the auto impound lot storage area after 7:00 p.m.

Repair activity of any kind shall be prohibited.

The entire site shall be paved with an asphalt or concrete surfacing or an oil and aggregate mixture to prevent emulsion of dust or the tracking of mud onto public rights-of-way.

The site shall be provided with adequate drainage provisions satisfactory to the Town Engineer.

The automobile impound lot shall require one off-street parking space for each 3,000 square feet of site area. All required off-street parking shall be located outside of any secured vehicle storage area.

One off-street loading area for each acre of site area or fraction thereof shall be located within the secured vehicle storage area.

Required off-street parking spaces shall not be used for the parking of vehicles used directly in the conduct of the auto impound lot.

No wrecked or dismantled vehicles shall be placed or allowed to remain outside the enclosed yard area.

No wrecked or dismantled vehicles shall be stored at a height greater than that of the surrounding fence or wall.

The crushing, smashing, baling or reduction of metal shall not be permitted.

The following design objectives are met:

Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of North Castle, Westchester County Department of Health, and the New York State Departments of Health and Environmental Conservation.

No professional and business conference facility shall be permitted on a lot of less than 25 acres, but more than one principal use shall be permitted on such lot.

Functions at the professional and business conference facility shall be limited to education, lectures, seminars, training and other events of professional and business personnel associated only with businesses, institutions of higher learning, civic groups, official government and professional or business organizations.

A professional and business conference facility shall not contain a restaurant, tavern, catering hall, nightclub, hotel, motel or inn serving the general public.

Alcohol shall not be served within any accessory cafe within a day spa.

The hours of operation of any accessory cafe within a day spa shall be the same as the hours of operation of the day spa.

Special events such as birthday parties and other similar group events shall not be held within any day spa.

A day spa shall not have more than a total of six manicure/pedicure stations.

A day spa shall not have more than a total of four salon chairs.

All hair salon services shall be limited to a maximum of 15% of the gross floor area of the day spa as determined appropriate by the Town.

Purpose. This use is established for the purpose of furthering the goals of the North Castle Comprehensive Plan by permitting the establishment of a specialized, for-profit assisted-living development for the elderly, including a density bonus for this type of development. In such development, accommodation can be made for the range of needs of those elderly who neither want nor need placement in a hospital or nursing home. Assisted-living communities shall be designed to achieve compatibility with their surroundings and to encourage orderly and well-planned development. Assisted-living developments shall be of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services, and facilities, so as to achieve development which is environmentally, physically, visually, and economically sound. Certain accessory uses that are requisite, desirable, and convenient for assisted living for the elderly will also be allowed. Residents of an assisted-living community have no need for schools and related services, nor do they require, in the aggregate, as many municipal services and facilities as compared to typical single-family housing or other types of senior housing.

Permitted accessory uses. The following accessory uses shall be permitted in conjunction with an assisted-living community:

Physical dimensional requirements. Notwithstanding any other provisions of this chapter, and provided that the original lot proposed for development of an assisted-living community is located within 500 feet of a state road, not including an interstate highway, the following dimensional requirements shall apply:

Other requirements. Where permitted, assisted-living communities shall be subject to the following additional requirements:

A fine arts instruction school shall be located in a single-tenanted building.

A fine arts instruction school shall be located on a parcel of land fronting on a state or county road.

Purpose. It is the purpose and intent of this subsection to permit, subject to the limitations set forth below, long-term parking structures in the IND-AA Zone.

Use. Long-term parking structures shall be privately operated and are intended for use by Westchester County Airport (HPN) users. Valet parking services are permitted as accessory uses to the primary long-term parking structure use.

Location. Long-term parking structures shall be located on parcels of not less than two acres in area. Such long-term parking structures shall neither adjoin (i.e., share a common property line) nor be located within 50 feet from any residentially zoned land. Frontage shall be on a state or county highway, or on New King Street.

Setbacks.

Height. Long-term parking structures shall have a maximum height of 55 feet.

Gross land coverage. The maximum gross land coverage shall be 60% of the total lot area.

Number of parking spaces. The maximum number of parked vehicles permitted in a long-term parking structure shall be 850. Where parking stackers are used, only a maximum of 50% of the parking spaces may utilize parking stackers. Parking stackers shall not hold more than two vehicles.

Size of parking spaces. Each self-park parking space shall be at least nine feet wide and 18 feet long. Each valet parking space shall be at least eight feet wide and 15 feet long.

Buffer area. A landscaped buffer area shall be required along all street frontages.

Lighting. All exterior lighting shall be located so that the source of the light and any objectionable glare therefrom is not visible from any neighboring property. The height, intensity, spacing and design of all exterior lighting fixtures shall be such that they will be in character with the area in which they are located. The level of lighting shall be limited to that necessary for safety and security purposes.

The following design objectives are met:

Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of North Castle, Westchester County Department of Health, and the New York State Departments of Health and Environmental Conservation.

Traffic access shall be from a public street of adequate capacity and design to safely and conveniently accommodate the expected traffic.

The provision of vehicular and pedestrian improvements on and around the property necessary to mitigate any vehicular and pedestrian impacts associated with the project.

Lighting. All exterior lighting shall be located so that the source of the light and any objectionable glare therefrom is not visible from any neighboring property. The height, intensity, spacing and design of all exterior lighting fixtures shall be such that they will be in character with the area in which they are located. The level of lighting shall be limited to that necessary for safety and security purposes.

Special permit use from the Town Board shall be required for the construction, siting, or operation of a tower-based WCF, nontower WCF, or a related wireless support structure in any zoning district, where the property is not under Town ownership.

The Town shall grant special permit use for the construction, siting, or operation of a tower-based WCF pursuant to the procedures and requirements of Part II, Chapter 292, § 292-4.

The Town shall grant special permit use for the construction, siting, or operation of a nontower WCF or related wireless support structures pursuant to the procedures and requirements of Part II, Chapter 292, § 292-5.

To the extent the Town Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower-based WCF, nontower WCF, or related wireless support structure on adjoining properties, the Town may impose conditions in granting special permit use, provided that such exercise of zoning authority shall not be used to prohibit, or have the effect of prohibiting, wireless services in the Town of North Castle.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by an active, registered professional engineer (PE), licensed as such by the State of New York.

The Town Board may obtain professional planning, legal, technical, engineering or environmental advice at the applicant's expense under Chapter 355, Zoning, § 355-79B, concerning any application made.

A modification to an existing wireless communications facility that does not substantially change the physical dimensions of a tower or wireless support structure is an eligible facilities request that shall require a building permit, issued pursuant to Part II, Chapter 355, Article XII, § 355-74, Building permits.

Purpose. It is the purpose and intent of this subsection to encourage the use of land in certain commercial and industrial districts for recreational centers to provide for the recreational needs of the Town. In addition, it is the purpose and intent of this subsection to assure that such diverse types of recreation center uses are developed and managed so as to protect the quality of the environment, property values, and quality of life of adjacent and nearby properties.

Use.

Buffer area. A landscaped buffer area of at least 25 feet in width shall be required along all lot lines adjoining or across the street from properties in residence districts, unless a larger buffer area is required by any other provision of this chapter.

Special setback requirements. All active recreational facilities, such as tennis courts, playing fields and swimming pools, shall meet the setback requirements for principal buildings in the district in which it is located. However, where the scale and intensity of such facilities are such that the location of such uses may have a negative impact on surrounding properties, the Town Board may increase the required setback as may be reasonably necessary to achieve the appropriate relationship between recreation facilities and adjacent sites, buildings, properties and roads.

Other requirements. In addition to the special standards described above, any recreation center shall comply with any other requirements deemed appropriate by the Town Board in accordance with the requirements of Article VIII herein.

Uses. The special use permit may provide for accessory uses, including athletic camp fields, tennis and racquetball courts, swimming pools and other recreational buildings and facilities such as are normally incident to the operation of a day camp.

Lot location and size. The site of a day camp shall physically relate to the scope of planned activities, shall front on an interstate highway and have a lot area of not less than 15 acres.

Density. The Town Board shall find that the proposed number of campers can be accommodated on the site. There shall be no more than 65 campers per gross acre at one time. In any event, no one day camp shall be permitted to accommodate more than 1,000 campers at one time.

Coverage. Building coverage, including accessory buildings, shall not exceed 15% of the site area. Gross land coverage shall not exceed 45% of the site area.

Yard requirements. No building or recreation facility, including swimming pools and tennis and racquetball courts, shall be located within 100 feet of any street or property line. No land within 50 feet of any street or property line shall be used for outdoor recreation, including grass athletic fields and picnic areas. Off-street parking shall not be located within 50 feet of any street or property line. The restrictions contained herein shall not prevent the continued use of any building, recreational facility, outdoor recreation area or off-street parking area which was used for such purpose at the time of adoption of this section.

Landscaped strips and shrubbery screens. Camp facilities shall be screened from any adjoining residential properties by landscaped strips not less than 15 feet wide.

Camp layout. Camp facilities shall be designed so as to be consistent with the character of the surrounding neighborhood and operated so as to reasonably safeguard the peace, welfare and comfort of neighboring residents and their places of residence.

Operation plan. The applicant for a day camp shall submit a preliminary operation plan identifying proposed operations, hours, capacity and staffing requirements, as well as the parking management plan referenced in Subsection A(10) below. A statement shall be included detailing the nature and extent of regulation to be provided by the State of New York and County of Westchester, with reference to statutes and laws as appropriate. The operator of the day camp shall be required to submit an update of the operation plan and regulatory statement on an annual basis to the Building Inspector as a condition of the special use permit.

Hours of operation. The day camp operating season shall be established by the Town Board but shall in no event commence earlier than June 1 nor extend later than September 15. The hours of operation of the day camp, including ground and other maintenance activities, shall be established by the Town Board but shall in no event extend longer than 12 hours per day.

Parking. Parking shall be provided pursuant to § 355-57 of the Town Code unless a greater or lesser number is found by the Town Board to be warranted based on review of the operation plan. Safe and adequate off-street loading and unloading areas shall be provided for buses and passenger cars. In addition, staff parking may be provided off-site, if deemed appropriate by the Town Board, and upon submission of an off-site parking management plan. The management plan shall identify shuttle transportation, hours of operation, number of vehicles parked and other operational parameters. A copy of the lease or similar arrangement for the parking off-premises shall be provided to the Town with the yearly operational plan.

Exterior lighting. Exterior lighting shall be of such a nature as to minimize impact upon adjoining landowners.

Public address systems and sound amplification devices. The use of public address systems and sound amplification devices which are audible on adjacent parcels shall be prohibited except for reasonably necessary emergency and safety purposes, subject to terms and conditions pursuant to a plan preapproved by the granting authority. Such terms and conditions and plan shall be specified within the language of the permit; provided, however, that such plans seek to minimize the ability to hear such emergency and safety uses off the subject premises to the greatest extent practicable.

Site plan. The review and approval of a site plan by the Planning Board shall be made a condition of the issuance of a special use permit.

Inspection. At all reasonable times, the Building Inspector may visit and inspect the property and all relevant books, records and accounts for the purpose of determining whether the day camp is being operated in compliance with this section.

Open houses. Notwithstanding the above, the property may also be used between September 1 and June 1 for open house events to showcase the camp for prospective campers and parents. The number of such events shall generally not exceed six per year.

Lot location and size. The site of a wood processing and assemblage of pre-cut metal and aluminum use shall only be permitted within a one-story building constructed prior to January 1, 1990, and not subjected subsequently expanded with a minimum gross floor area of 15,000 square feet, and shall be limited to no more than 60% of any building.

Density. The Town Board shall find that any building accommodating a wood processing and assemblage of pre-cut metal and aluminum use shall have a maximum occupancy of 20 people at one time.

Operation plan. The applicant for a wood processing and assemblage of pre-cut metal and aluminum use shall submit a preliminary operation plan identifying proposed operations, hours, capacity and staffing requirements. All chemicals shall be stored, vented, applied and disposed of properly.

Parking. Parking shall be provided pursuant to § 355-57 of the Town Code unless a greater or lesser number is found by the Town Board to be warranted based on review of the operation plan.

Exterior lighting and access. Exterior lighting shall be of such a nature as to minimize impact upon adjoining landowners. Wood processing and assemblage of pre-cut metal and aluminum uses shall have direct individual access to the outside of the building and be limited to operating on the first floor.

Site plan. The review and approval of a site plan by the Planning Board shall be made a condition of the issuance of a special use permit.