Port Jervis City Zoning Code
ARTICLE XVI
Conditional Use Standards
§ 535-82 Authorization of conditional uses.
On application, and after public notice and hearing, the Planning Board may authorize the issuance by the Building Official of permits for any of the conditional uses for which this chapter requires such permits, in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety, and welfare and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter.
A.
Conditional use rules and regulations. The procedure for obtaining a conditional use permit shall be identical to that of site development plans and shall be conducted concurrently where applicable. The Planning Board may, at its discretion, waive any of the rules or regulations it considers not pertinent to conditional use approval.
B.
Conforming use. Any use for which a conditional use permit may be required shall be deemed to be a conforming use in the district in which such use is located, except as provided below, provided that such permit shall affect only the lot or portion thereof for which such permit shall have been granted.
C.
Nonconforming use of open land. In its review of the nonconforming use of open land, the Planning Board may impose only such reasonable conditions, including but not limited to the placing of fencing and screening, as will minimize the impact such open use has upon surrounding residential properties. In such cases the Planning Board may also permit reasonable changes in existing structures on the land, within the limitations of the district in which said use is located, for the purpose of reducing the nonconforming open use of the land.
D.
Periodic renewal. The Planning Board may require that conditional use permits be periodically renewed. Such renewal shall be granted following a due public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. The sixty-day time period for full compliance only applies for the first violation. If any subsequent violation occurs the conditional use permit will be revoked.
§ 535-83 General requirements.
Prior to approving any conditional use, the Planning Board shall determine the conformity of such use and the proposed development therefor with the conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for conditional use approval are as follows:
A.
Harmony. The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.
B.
Traffic. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout, and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.
C.
Adjacent land and buildings. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.
D.
Fire and police protection. All proposed structures, equipment, or material shall be readily accessible for fire and police protection.
E.
Public facilities and services required. The proposed use will not require such additional public facilities or services or create fiscal burdens upon the City greater than those which characterize uses permitted by right.
F.
Inspection. As a condition of all conditional use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.
G.
Time limitation for completion. As a condition of all conditional use permits, a time limitation for completion of proposed plans may be imposed.
H.
Additional standards. In addition to the general standards for conditional use permits as set forth above, the approving board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety, and welfare and to otherwise implement the intent of this chapter.
§ 535-84 Public utilities.
Nothing in this chapter shall restrict the construction or use of underground or overhead distribution conduits of public utilities operating under the laws of the State of New York. However, public utility structures, water supply reservoirs, wells, sewage treatment plants, water treatment facilities and transmission lines and towers for electric power, telephone and gas are subject to the following supplementary requirements:
A.
Public necessity. These uses shall be subject to a finding that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.
B.
Within residential districts. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of this section and § 535-80.
C.
Fencing. The Planning Board may require that such use be enclosed by protective fencing with a gate, which shall be closed and locked except when necessary for authorized personnel to obtain access thereto.
D.
Harmony with surroundings. 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 and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.
E.
Off-street parking. Adequate off-street parking areas shall exist or be provided for maintenance, service, or other vehicles.
F.
Interference with reception. In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining property in the neighborhood.
§ 535-85 Membership clubs.
Membership clubs are subject to the following supplementary regulations:
A.
Private nature. The privileges of any club shall be limited to bona fide regularly enrolled members and their guests. The club shall be operated solely for recreational, social, or athletic purposes and not for pecuniary gain.
B.
Lawn parking. The Planning Board may reduce the parking requirement, provided that the club facilities are so laid out that there are lawn areas that could accommodate temporary overflow parking.
C.
Existing building. The Planning Board may permit the use of any existing building meeting the setback requirements of this chapter for club purposes, provided that the club meets all other standards and requirements of this chapter.
D.
Public address systems. The Planning Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the club site than would be inherent in the ordinary residential use of the property.
E.
Nuisance. No club shall be operated so as to create a nuisance to surrounding properties. The Planning Board may require such facilities as are required to protect neighbors from any nuisances or hazards which would be inherent in the operation of the club.
F.
Caretaker. One dwelling unit may be located in the clubhouse for the use of a caretaker and his/her family.
G.
Change of use. A conditional use approval shall be issued to a qualified organization for a specific use or purpose and for a maximum number of members or seating capacity, and a new approval shall be required for any change of organization, use or purpose or increase in maximum membership or seating capacity.
§ 535-86 Hotels and motels.
Hotels and motels are subject to the following supplementary regulations.
A.
Nonresidential units. Hotel and motel units shall not contain kitchen facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.
B.
Site area. There shall be no more than one hotel or motel unit for each 3,000 square feet of site area exclusive of the area between the lot lines and the minimum required setback lines.
C.
Room size. Each hotel or motel room shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with a shower and/or bath, one toilet facility and a sink. No hotel or motel building shall exceed the height of 35 feet.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
One apartment for the use of the manager or caretaker and his/her family.
(2)
One coffee shop for hotels and motels with no more than 25 rooms. For hotels or motels with more than 25 rooms, a restaurant with bar facilities and a coffee shop are permitted.
(4)
Office and lobby, provision of which shall be mandatory for each hotel or motel.
(5)
Meeting and/or conference rooms and banquet facilities.
E.
Fire protection. All hotels and motels shall be equipped with sprinkler and fire alarm systems.
F.
Hotel and motel units shall not be rented to the same person(s) or entity for periods in excess of 29 consecutive days. Once such twenty-nine-day rental terminates, the hotel or motel shall not rent a unit to the same person(s) or entity less than 14 days following the termination of the initial rental. Violators of this subsection shall be subject to a fine of $5,000 for each day which is in excess of the initial twenty-nine-consecutive-day rental period or each day less than 14 days following the termination of the initial rental.
[Added 11-27-2023 by L.L. No. 11-2023]
§ 535-87 Motor vehicle service stations.
Motor vehicles service stations are subject to the following supplementary requirements:
A.
Proximity. No station shall be located closer than 200 feet to a school, public recreation area, church or hospital, measured to the lot lines thereof.
B.
Access. Access points shall be located a minimum of 100 feet from the intersection of designated street lines.
C.
Setbacks. Pumps, pump islands and canopies are structures and shall not be located within any required setbacks. No outdoor display of products not associated with the service station use shall be permitted.
D.
Screening. A ten-foot-wide landscaped area shall be provided along all motor vehicle service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points.
E.
Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:
(1)
All vehicles except one tow truck shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled vehicles be outside a building. No car, truck or trailer rentals or sales shall be permitted.
(2)
There shall not be any outside storage or display of accessories or portable signs when the facility is not open for business.
(3)
Waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the facility. The area of such enclosure shall not exceed 200 square feet.
(4)
No repair work may be performed out of doors, with the exception of simple repairs normally performed in conjunction with the sale of gasoline, such as adding oil.
F.
It shall be a condition noted on every site development plan that no operations shall commence at the motor vehicle service station until the owner or operator of the station provides documentary evidence to the appropriate City officials (i.e., Building Department and/or Fire Inspector) that the station has been properly registered with the New York State Department of Motor Vehicles as a repair facility in accordance with New York State Vehicle and Traffic Law § 215 and 15 NYCRR Part 82. This condition shall also apply to any subsequent individual or entity that utilizes the site as a motor vehicle service station following initial approval. Any such successor operator of the site shall have 90 days from the date of transfer from the prior owner/operator to provide evidence of registration to the City.
[Added 11-28-2022 by L.L. No. 10-2022]
§ 535-88 Motor vehicle, boat and trailer sales.
Motor vehicle, boat and trailer sales establishments are subject to the following supplementary requirements:
A.
Repair work. All repair work is done within a totally enclosed soundproof building.
B.
Outdoor storage. The outdoor storage of motor vehicles, boats and trailers is limited to new motor vehicles, boats and trailers for sale on the premises and used motor vehicles, boats and trailers acquired as trade-ins upon new vehicles sold on the premises.
C.
Primacy of sale of new motor vehicles, boats and trailers. The permitted repair shop, motor vehicle, boat and trailer storage and used motor vehicle, boat and trailer sales shall continue so long as the sale of new motor vehicles, boats and trailers continues and all are conducted under the same ownership as one enterprise.
D.
Exterior lighting. Outdoor area lighting generally shall be that necessary for security purposes, and lighting for illuminating an outdoor sales area shall be restricted to the front 1/2 of the lot depth, shall not be permitted in the front setback, and shall be reduced to security lighting at the close of business. All outdoor lighting shall be located at a height not more than 14 feet above ground level and shall be so directed and shielded that the beams are directed vertically to the ground or to the front of the lot and no source of illumination shall be visible beyond lot lines.
E.
Screening. Additional evergreen buffer must be provided around all storage or repair areas if the same abuts the side or rear yards of adjacent residential property.
§ 535-89 Multiple dwellings.
Multiple dwellings are subject to the following supplementary requirements:
A.
Compatibility. Multiple dwellings and related accessory structures shall not be approved by the Planning Board without first determining that the location of the proposed use, the structures proposed, and the general character of the development are compatible with their surroundings and such other requirements as this chapter may apply. The maximum density that may be approved by the Planning Board is indicated in Subsection C(3) below. In consideration of the resources and physical conditions of the site and the general character of the area, the Planning Board may determine that a lower density should be permitted.
B.
Ownership. The entire site occupied by a multiple dwelling and related accessory structures shall be maintained in single or group ownership or common control throughout the life of the development.
C.
Intensity of use. Based on consideration of the following criteria, the Planning Board shall determine the maximum number of dwelling units that the site is capable of supporting without causing adverse effects to the resources of the City:
(1)
The maximum number of dwelling units that may be approved in a development of multiple dwellings shall be computed by dividing the usable area in acres of the site by the sum of the lot area requirements for all dwelling units, based on habitable rooms in each dwelling unit, as provided in Subsection C(3) below.
(2)
The usable area of the site shall not include those portions of the site that are occupied by water bodies, wetlands, floodplains, high tides, slopes in excess of 20%, rights-of-way of existing public or private roads, and utility easements that would prevent use or development of the underlying land in any manner.
(3)
Maximum density.
Habitable Rooms in Dwelling Unit | Lot Area Requirements for Dwelling Unit (square feet) | Livable Floor Area/d.u. (square feet) |
|---|---|---|
1 | 2,000 | 600 |
2 | 2,500 | 800 |
3 | 3,000 | 1,000 |
4 or more | 3,500 | Additional rooms 120 square feet each |
(4)
The maximum number of dwelling units shall not be approved unless, in the judgment of the Planning Board, the site plan indicates adequate design and management of open space areas according to all of the following criteria:
D.
Site planning standards.
(1)
Access facilities shall be adequate for the estimated traffic to and from the site to assure the public safety and to avoid traffic congestion in the surrounding neighborhoods.
(2)
Vehicular entrances and exits shall be clearly visible from the street and shall be at least 125 feet from any street intersection. At the intersection of such entrances and exits with the main street, sight distances along the main street shall be at least 300 feet in each direction.
(3)
The distance between the rear of the principal building and any other principal building shall not be less than 100 feet, nor less than twice the height of the taller building.
(4)
The distance between the side of a principal building and the side of any other principal building shall not be less than the height of the taller of the two buildings.
(5)
The site shall be served by central sewer and water facilities which shall be approved by all agencies having jurisdiction.
(6)
Any parking or garage area, service or drying yard, or active recreation area shall be screened so as to adequately protect the view of neighboring properties as well as to assure an attractive environment within the site.
(7)
There shall be provided on any multiple dwelling site usable open space at the rate of 700 square feet per dwelling unit. Utilizing the latest edition of The New Practitioner's Guide to Fiscal Impact Analysis, published by the Center for Urban Policy Research of Rutgers University, Exhibit 17, Regional and National Demographic Multipliers for Common Configurations of Standard Housing Types for Pre-School Children, there shall be provided usable open space for the outdoor play of younger children at the rate of 100 square feet per one preschool-age child (or fraction thereof) projected as being generated by the proposed housing type(s) according to the proposed number of bedrooms per unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be preserved and maintained by the owner or homes' association and may be suitably fenced or screened by plantings. Such outdoor play area for children may be counted as part of the required usable open space area per dwelling unit.
(8)
In any multiple dwelling development, front, rear and side yards shall be established for each block bounded by streets.
(9)
A buffer strip shall be provided between any multiple dwelling site and the adjacent properties in any residential districts. The buffer strip shall be at least 50 feet in depth, of which a maximum of 20 feet may be used for parking, and the 30 feet closest to the property line shall contain plantings, either existing or proposed, sufficient to screen the multiple dwelling site from adjacent uses.
(10)
No off-street parking areas or spaces shall be located in any such front yard or within 30 feet of any side or rear lot line of the overall site.
§ 535-90 Accessory apartments; conversion of existing dwellings to multifamily use.
A.
Accessory apartment.
(1)
An accessory apartment may be permitted in any R-1, R-2, and NMU Residence District, provided that:
(a)
The lot meets the requirements of the zoning district for a two-family home.
(b)
Adequate off-street parking is available.
(c)
Adequate water supply and sewage disposal facilities are available.
(d)
The accessory apartment contains at least 600 square feet and not over 800 square feet of usable floor area.
(2)
The accessory apartment may be owner- or caretaker-occupied. In making the conversion, the property owner must comply with the requirements of §§ 535-80 and 535-81 of this chapter. These sections deal with site development plan rules and regulations. Since the office use is a commercial use, site plan approval is required. The Planning Board shall review proposed parking, traffic access, landscaping and screening, appearance, development proposals, environmental considerations and impact on the neighborhood as a result of the proposed conversion.
B.
Conversion of an existing dwelling. An existing dwelling may be converted to a two-family dwelling or multiple dwelling, provided that:
(1)
In the R-1 Zone:
(a)
Conversion of a dwelling erected prior to the enactment of this chapter to a two-family dwelling shall be governed only by the requirements as to lot area per dwelling, livable floor area, and off-street parking.
(b)
The exterior of any building to be converted to two-family use shall not be enlarged, extended or altered, except as permitted by the Planning Board.
(2)
In the R-2 and NMU Zones:
(a)
Conversion of a dwelling erected prior to the enactment of this chapter to more intensive residential use shall be governed only by the requirements as to lot area per dwelling, livable floor area, and off-street parking.
(b)
The maximum number of dwelling units that may be permitted in any conversion to multiple dwelling use shall be as set forth in § 535-89C(3) of this chapter, but in no case shall the number of units permitted exceed the number permitted under the Table of Bulk Requirements, Column P.[1]
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(c)
The exterior of any dwelling to be converted to multiple dwelling use shall not be enlarged, extended or altered, except as required for compliance with the New York State Multiple Dwelling Law.