Such buildings shall not exceed 15 feet in height.

Such buildings shall be set back 10 feet from any lot line.

All such buildings in the aggregate shall not occupy more than 30% of the area of the rear and side yards.

Any industry regulated by the federal Superfund Agency Reorganization Act (SARA) shall supply to the Energy and Environment Committee of the Common Council and to the Fire Chief:

Any change in the information submitted in conformance with the above requirements shall necessitate a new submittal of information regarding the nature and extent of that which has been changed.

Outside vending machines, self-service or coin-operated telephone booths, or any other similar structure, apparatus or device shall not be permitted in any zoning district except by special permission and at the discretion of the City Planning Board, and subject to such conditions, restrictions and safeguards as may be deemed necessary by said City Planning Board.

Such self-service structures and booths in existence without permission of the City Planning Board at the date of this chapter shall, at the expiration of one year from such date, become a prohibited and nonconforming use and shall be discontinued.

No temporary, movable or portable structures used in connection with any gainful occupation or business, whether such structures are for sale, storage, or display purposes, shall be permitted in any zoning district except by special permission and at the discretion of the City Planning Board and subject to such conditions, restrictions and safeguards as may be deemed necessary by said City Planning Board.

All such temporary movable structures in existence without permission of the City Planning Board at the date of this chapter shall, at the expiration of one year from such date, become a prohibited and nonconforming use and shall be discontinued.

Purpose. The purpose of this section is to provide standards for outdoor lighting, to encourage lighting that conserves energy and resources while providing safety, utility and security; to maintain and protect the scenic and aesthetic character of the City; to minimize glare; to protect the privacy of residences; to ensure that development fits into the character of the surrounding neighborhood; to reduce atmospheric light pollution; to avoid impacts on nearby residential properties; and to enhance the City's nighttime character.

Definitions. See in § 535-4.

Submission of plans and outdoor lighting compliance.

Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board or Building Inspector may approve such proposed alternative provided it:

General requirements: all zoning districts.

Table of shielding requirements.

Illuminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from IES, the applicable standard shall be determined taking into account the levels for the closest IES activity. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas. Maximum to average light levels shall be kept within a 6:1 ratio. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. Lighting in conformance with this section is required for all parking lots having five or more cars. The following current IES recommendations are to be observed, followed by a table presenting recommended outdoor lighting types:

Exemptions. The following uses shall be exempt from the provisions of this section:

Nonconforming outdoor lighting. All outdoor lighting fixtures shall be brought into compliance with the provisions of this section within three years from date of adoption of Local Law No. 1 of 2020. No replacement or installation of new luminaires, including lamps, shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the City of Port Jervis shall comply with the terms and conditions of this section (§ 535-33C).

Enforcement and inspections. The City of Port Jervis Code Enforcement Officer is responsible for conducting postinstallation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section.

The City of Port Jervis hereby finds and declares that there is a need in the City of Port Jervis for housing developments located and designated to meet the special needs and habits of adults 55 years of age and older. Such housing can contribute to the dignity, independence and meaningful activity of our active adults.

The City of Port Jervis has determined that an appropriate means to fulfill these needs is to establish senior citizen affordable housing (SCAH) by zoning amendment, consisting of housing for adults over the age of 55 years that may or may not be directly supported or subsidized by a governmental agency, in accordance with the particular criteria established herein.

The purpose of the Senior Citizen Affordable Housing District (SCAH) is to enable the City of Port Jervis to permit, on a case-by-case basis, housing that satisfies the need for such developments in locations where it will not detract from surrounding land uses. Any use, other than the uses specifically enumerated herein, shall be prohibited in a Senior Citizen Affordable Housing District (SCAH).

Application for the establishment of a Senior Citizen Affordable Housing District shall be made to the Common Council. Such application shall include a sketch plan of the property on which the district is to be located, including approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas and other proposed facilities.

Once the Common Council has, in its sole discretion, accepted an application for a Senior Citizen Affordable Housing Floating District and has approved the same for a particular property, the applicant shall apply to the Planning Board for site plan approval in accordance with procedures set forth in this chapter for said plan approval.[1] If a period of more than one year elapses between the Common Council's approval of the SCAH District and the submission of a site plan application, the SCAH District designation shall lapse, and the property shall revert to its prior zoning classification.

In addition to all other customary fees, a fee as provided in Chapter 280, Fees, shall accompany an application for Senior Citizen Affordable Housing District. In addition, the applicant shall pay reasonable expenses incurred by the City in review of said application and shall deposit in an escrow account with the City necessary funds to cover fees for technical assistance to the City, such as, but not limited to, City Planner and City Attorney.

It shall be the duty of the owner or his agent to file a certification with the Building Official indicating a compliance with this section's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filled no later than January 15 of each year. Failure to file certification as required shall be deemed a violation of this section subject to penalties set forth in § 535-94 of this chapter.

No dwelling unit shall contain more than one bedroom.

The occupancy of senior citizen affordable housing shall be limited to two persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidiary or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families the head of which so qualifies. The occupancy of a dwelling unit by a family the head of which is younger than a senior citizen shall be permitted if it is established that the presence of such person is essential for physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.

Within the senior citizen district, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms or workshops, to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the Planning Board. Approval of a conditional use and site development plan for dwelling units in a senior citizen affordable housing development in no way constitutes approval for installation of any type of related facility.

Bulk standards.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designated to impart a sense of containment and/or security and to provide group privacy.

There shall be provided a safe and convenient system of drives, service access road and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles and these shall be provided with proper screening and maintenance.

Where a dwelling unit is to be rented, the lease for said unit shall not exceed two years. As long as an occupant remains eligible and has complied with the terms of the lease, the occupant shall be offered a two-year renewal of the lease. If an occupant's annual income shall exceed the eligible income level by more than 20%, and there is an eligible applicant for the unit, the occupant may complete the then-current lease term only.

Occupant selection standards. The following standards shall be used to determine occupancy:

Deed restrictions.

Rent regulation and lease renewal; continued eligibility. An occupant of a senior citizen affordable housing rental unit remains eligible for the renewal of a lease if the occupant's aggregate income at the time of the lease renewal does not exceed four times the current rental ceiling rate for the occupant's unit or as described or set forth by state and/or federal law.

Improvements restriction. The owner of an affordable senior citizen housing unit shall not make any internal or external structural improvements and/or changes to a unit without first obtaining the appropriate approvals and permits necessary.

Parking requirements: 0.5 per dwelling unit. Parking spaces, except for handicapped, shall be nine feet by 18 feet.

Permits flexibility of design and development in such a way as to promote superior land planning and greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, facilitate adequate and economic provision of streets and utilities, preserve open space and the natural and scenic qualities of open lands, protect floodplains and other natural features, and otherwise encourage the most appropriate use of land.

Promotes a development in harmony with the objectives of the City's Comprehensive Plan.

Density. The maximum number of dwelling units that may be permitted shall be determined in the following manner:

Minimum lot size. The minimum lot size in the Mountain Conservation District is set forth in Attachment 1, Table of Use and Bulk Requirements.

Frontage. The site must have a minimum street frontage of 100 feet and two means of access for more than 15 dwelling units, and access to the parcel must not create any traffic hazards.

Maximum coverage. The permitted gross building coverage on any Mountain Conservation District development site shall not exceed 20% of the gross land area.

Setbacks, screening and buffering of the site's surrounding property. In reviewing the site plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas from adjacent property lines and may require setbacks up to twice the normally applicable setback requirement for one-family dwellings in the nearest zoning district to which the Mountain Conservation District development is located. Buffer and screening areas shall be landscaped, left in their natural state, or provided with additional evergreen foliage as required by the Planning Board.

Open space and recreation areas. At least 30% of the gross acreage of any development shall be composed of land which is used for recreation purposes and/or preserved as open space.

Layout design considerations.

Utilities and services.

Energy efficiency. The plan for development shall be designed and arranged in such a way as to promote energy efficiency and assure solar access for a majority of all dwelling units and any closely situated structures on adjacent parcels.

Fire protection. Adequate water supply and pressure must be available on site to meet the firefighting requirements for the largest proposed units on the site, to the satisfaction of the Planning Board.

Open space, homeowners' association or deed restrictions. In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space, or other municipal purposes directly related to the plat, then the Planning Board as a condition of plat approval may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Legal documents for such ownership, use and maintenance, such as documents for a homeowners' association, deed restrictions, covenants or park districts, shall be approved by the City Attorney.

General. Conservation areas may include wetland areas, floodplains, steep slopes, or other open space areas having meaningful scenic, ecological, environmental and/or recreational characteristics, with such access, shape, size, and location as determined appropriate by the Planning Board to satisfy the intended purpose, but shall not include parking areas or roads.

Continued preservation. The permanent preservation of such open space areas shall be legally assured to the satisfaction of the Planning Board and City Attorney by the filing of appropriate covenants, deed restrictions, easements, or other agreements, unless:

Ownership of conserved land areas. The ownership of conserved land areas shall be divided equally or proportionately among all owners of building lots or units within the development, except where all or an appropriate portion of the conserved land area is deeded to a recognized conservation organization dedicated to the preservation of open space and such dedication is acceptable to the conservation organization and the Planning Board, or offered for dedication to the City of Port Jervis, and the Common Council has voted to accept such offer. Except in those cases where the ownership of the conserved land areas is to be vested in the City or an approved conservation organization, the developer shall execute and file with the Common Council such documents as will be sufficient to create a home or property owners' association responsible for the conserved land areas in accordance with the requirements of Subsections E and F below.

A home or property owners' association approved by the Common Council upon recommendation of the City Attorney and the New York State Attorney General;

An organization akin to a condominium or a cooperative approved by the New York State Attorney General and the Common Council;

A funded community trust approved by the Common Council upon recommendation of the City Attorney; or

A special multipurpose taxing district approved by the Common Council upon recommendation of the City Attorney.

The association shall be established as an incorporated, not-for-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.

Title to all common property shall be placed in the association, or definite and acceptable assurance shall be given that it automatically will be so placed when 50% of the units are sold, said common property to be subject to a development easement granted to the City for the purpose of guaranteeing its perpetuity as open space.

Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the association.

Dedication of all common areas shall be recorded directly on the subdivision plat, or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

Covenants shall be established limiting all dwelling units to one-family use and all common lands to open space uses. No structures may be erected on such common lands except as approved by the Planning Board in accordance with the provisions of § 535-80 of this chapter.

Each deed to each dwelling unit/lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment of such).

The association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee and provision for assessments, and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

The developer shall assume all responsibilities as previously outlined for the association until a majority of the dwelling sites are sold, at which time the association shall be operated by an elected board of directors whose members shall come from the association.

As a condition of site plan approval, the developer shall file with the Common Council a performance bond (or cash equivalent to the cost of completion) to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond for all common land until the association is established. The amount and period of said bonds shall be determined by the Planning Board, and their form, sufficiency, manner of execution, and surety shall be approved by the Common Council upon recommendation of the City Attorney.

Adjustment of assessments. The association shall have the power to adjust assessments to meet changing needs.

Recourse. In the event that the maintenance, preservation, and/or use of the conserved land area(s) ceases to be in compliance with any of the above requirements or any other requirements specified by the Planning Board when approving the subdivision plat, the City shall be granted the right to take all necessary action to assure such compliance and to assess against the association and/or each individual property owner within the development all costs incurred by the City for such purposes.

Permitted uses in conservation areas.

Such pool shall be located in the rear yard only.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be six inches above the overflow level of said pool.

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

No permit shall be granted for the installation or construction of said swimming pool unless the plan thereof shall meet the minimum construction requirements of the Building Department of the City of Port Jervis and unless the Building Official, or a licensed professional engineer of New York State, shall have certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, or with the public streets.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Adjacent to every side and rear lot line within the rear yard area there shall be an effective screening consisting of either a wooden fence of six feet in height or a dense, evergreen hedge of suitable plant material capable of growing to a six-foot height. Such hedge at the time of planting shall not be less than four feet high.

All plumbing is to be installed in accordance with the New York State Sanitary Code.

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence of not less than four feet in height.

The pool shall be provided with an adequate permanent fence or barrier of not less than four feet in height. Said fence shall be erected, maintained and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents.

Such pool, measuring from the edge of the water, shall be located no less than 10 feet from the side and rear lot lines and not less than five feet from the main building.

The slope around a pool that abuts the side or rear lot lines shall not be in excess of 35% and shall meet the existing grade at least two feet inside the property line.

Such pool, measuring from the outside edge of any elevated, accessory walkway or deck, shall be located not less than 10 feet from the side and rear lot lines. No setback shall be required for the deck or walkway from the main building, except that the base of the pool shall not be less than five feet from the main building.

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence of not less than four feet in height, and all points of access shall be adequately protected by a self-closing, self-locking gate.

Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Official shall, at his/her discretion, issue a permit for the erection of said pool without such fencing. The Building Official shall, however, first make a finding to the effect that, in his/her opinion, said pool has equal protection from entry as would be afforded by the erection of a fence as provided for above.

The provisions of this article in this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes or regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the City, County or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local laws, ordinances, codes or regulations, the more restrictive or stringent provision or requirement shall prevail.

Roomers or lodgers in residential areas. Nothing herein shall prevent the taking of boarders or lodgers by a resident owner who occupies the balance of the house, or the renting of rooms by a resident owner who occupies the balance of the house, in Districts R-1, R-2 and NMU, provided that the taking on of boarders and lodgers and renting of rooms is incidental only to the family use of such residences, and provided also that the number of such boarders or lodgers shall not exceed two persons and the number of rooms rented shall not exceed two rooms; except that the City Planning Board may grant a revocable permit for a greater number of boarders or lodgers or the renting of rooms in all districts if the premises are owner/landlord occupied and if the Planning Board determines it to be in the public interest in the course of its site plan review, and then only on such conditions and regulations as the Planning Board deems necessary to protect neighboring properties.

All multifamily dwellings, manufactured homes, tourist accommodations and bed-and-breakfasts in the City must have a permit issued by the City Building Inspector.

Application for a permit for a multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast shall be made, in writing, to the City Building Inspector on a form provided by the Inspector for that purpose.

Such application shall be filed in duplicate and shall contain:

Such application shall be signed by the owner of the multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast, and the statements of such owners therein contained shall be verified under oath.

A nonrefundable permit application fee set from time to time by the Common Council in Ch. 280, Fees, shall be paid upon filing an application for a permit. A nonrefundable permit renewal fee also set by the Common Council shall be paid upon filing an application for renewal.

Review. The City Building Inspector shall review each application for completeness and accuracy and shall make an on-site inspection of the proposed multifamily dwelling, manufactured homes, tourist accommodation or bed-and-breakfast. If satisfied that the proposed use and premises comply fully with all applicable laws, rules and regulations of the state, County and City, including local laws and ordinances, and that such proposed use would not create an unsafe or dangerous condition or create an unsafe or substandard structure or create a nuisance to adjoining or nearby properties, the City Building Inspector shall issue the permit or permits applied for.

Registry. It shall be the duty of the City Building Inspector to maintain a register of permits issued pursuant to this chapter. Such register shall be kept by street address, showing the name and address of the permittee, the number of dwelling units/rooms at such street address and the date of expiration of permit for such unit. Such registry shall be kept available for public inspection during regular business hours at the office of the Inspector.

Posting. The permit containing the number of dwelling units/rooms and the names and addresses and phone numbers of the owner and premises manager shall be conspicuously posted at or near the principal entrance.

Term. All permits issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and may be renewed for additional one-year periods as provided in Subsection B of this section.

Renewal.

Enlargement. Any enlargement of an existing multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast shall require a full review under this section.

Inspections. The City Building Inspector or his or her designee is authorized to make or cause to be made inspections, from time to time, to determine the condition of any multifamily dwelling, manufactured home court, tourist accommodation or bed-and-breakfast and to safeguard the health, safety and welfare of the public. The City Building Inspector or his or her designee is authorized to enter, upon consent of the owner or occupant, any rental unit and the premises in which the same is located at any reasonable time. Unconsented entries and entries at unreasonable hours may be made upon warrant duly issued by a justice of the City Court of the City of Port Jervis. All applications and renewals shall be granted only after an inspection.

Search warrants. The City Building Inspector or his or her designee is authorized to make application to the City Court of the City of Port Jervis for the issuance of a search warrant to be executed by a City constable, state trooper or other law enforcement officer where there exists reasonable justification for an inspection to be conducted pursuant to this chapter or where there is reasonable cause to believe that there has occurred or is occurring a violation of this chapter, of the Multiple Residence Law, of the New York State Uniform Fire Prevention and Building Code or of the City of Port Jervis Zoning Law. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York.

The City Building Inspector shall notify a permit holder of reasonable cause to believe the permit has been violated in any of the following ways:

It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any person to:

In the event that a person convicted of a violation of Subsection I(2)(d) of this section shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the City Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the City pursuant to the provisions of Article XIIA of the Real Property Law.

A violation of any provision of this article of this chapter shall constitute an offense within the meaning of the Penal Law of the State of New York, punishable as provided for in this chapter. A fine of no less than $250 and no greater than $500 for a first offense and/or up to 15 days in jail shall be imposed upon conviction, and a fine of no less than $500 and no greater than $1,000 and/or up to 30 days in jail shall be imposed for conviction of a second or subsequent offense.

These regulations shall apply to all structures and/or uses related to cannabis retail dispensaries. No cannabis retail dispensary shall be established in the City of Port Jervis except in compliance with the provisions of this chapter.

Every cannabis retail dispensary shall apply to the City of Port Jervis Planning Board for a special use permit and site plan approval for that use prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the City of Port Jervis Zoning Code, including, but not limited to § 535-80 and other applicable provisions of the City of Port Jervis Code and City Charter.

The distance requirements between a Cannabis Retail Dispensary and the following restrictions shall be measured in a straight line from the center of the nearest entrance of any buildings located on the properties involved.

No adult-use cannabis retail dispensary shall be located:

Cannabis retail dispensaries must be fully enclosed and shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.

No outside storage of marijuana, related supplies or promotional materials is permitted.

No smoking or consumption of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary. No burning of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary.

Each special permit use shall not include the display of signs, noise, fumes, or lights that will hinder normal development of the zoning district or impair the use, enjoyment, and character of adjacent land and buildings.

The application shall include a site plan and fully dimensioned diagram or floor plan showing planned occupancy or use of all areas, including exits, fire prevention measures, windows, ventilation, and doors as well as any other factors determined to be necessary and appropriate by the Planning Board.

Security measures shall be implemented which are sufficient to ensure that no unauthorized persons can gain access to the building and outdoor activity areas. Such measures shall be described in detail in the special permit application.

Subject to applicable law, as a part of any special use permit application to the Planning Board, applicant must have a valid Adult-Use Cannabis Retail Dispensary license issued by the State of New York.

A special use permit granted under this section shall have a term limited to the duration of the applicant's use of the premises as a licensed operator. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit.

Any violation of this section shall be grounds for revocation of a special use permit issued under this section.

A revocation of the respective license by the state shall be grounds for revocation of the special use permit.

Hours of operation for the permitted use(s) shall be set by the Planning Board in its complete and total discretion.

Posting of signs.