Purpose.

Standards. Where permitted, all accessory apartments in commercial districts are subject to a special use permit.

Purpose. The purpose of this section is to encourage the development of small dwelling units that are accessory and clearly subordinate to the principal dwelling and do not change the residential character of the neighborhood, in order to provide housing that responds to increasing housing costs, changing family needs, and smaller households, while supporting more efficient use of existing infrastructure and protecting and preserving property values.

Applicability. An accessory dwelling unit shall be permitted as an accessory use to a single-family dwelling, attached or detached, in all zoning districts within the Town. Where applicable, the establishment of an accessory dwelling unit shall not be deemed to be an expansion of a nonconforming use and shall not require compliance with § § 1. 210-134A.

Permits and approvals. All accessory dwelling units shall require an accessory dwelling unit permit from the Zoning Administrator and a building permit.

Density. Accessory dwelling units shall not be included in the calculation of permitted density.

Standards. Accessory dwelling units shall meet the following standards:

Purposes and considerations.

Adult business uses, as defined in this chapter, are to be restricted and regulated as to their locations in the following manner, in addition to any other requirements of this chapter, and the special requirements itemized in this section are to accomplish the primary purposes necessary to ensure that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and will restrict their accessibility to minors.

Agriculture excluding farm animals shall include farms (except farms expressly for the disposal of offal or garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of at least three acres, provided that:

The sale of produce grown on the premises is permitted, provided that ingress and egress facilities shall be subject to approval by the Planning Board. Off-street parking shall be in accordance with § 210-92.

Fertilizer, if any, shall be stored not less than 50 feet from any property line.

Agriculture including farm animals but excluding hogs shall include farms (except farms expressly for the disposal of offal or garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of at least five acres, provided that:

The sale of produce grown on the premises is permitted, provided that ingress and egress facilities shall be subject to approval by the Planning Board. Off-street parking shall be in accordance with § 210-92.

Animal waste, if any, shall be stored not less than 100 feet from any property line.

Purpose. The center districts (e.g., ATC, FC, SHC, MHC, and SPC) typically contain a unique blend of business and complementary residential land uses. The center districts also have access to existing municipal water supply and sewage collection and treatment facilities, and a dependable road network capable of supporting high-volume uses and densities. Within the center districts an anchor project can serve as a catalyst for increased investment on adjoining and nearby properties that may be underutilized or blighted, especially along and near the major roads serving the area. An anchor project contributes to the economic development of the neighborhood and greater community by adding goods, services, and housing. An anchor project includes provisions for plazas and/or green spaces, a walkable environment, thus supporting the economic development goals of the Town Plan.

Permitted uses. Anchor projects may consist of a mix of any of the following uses. (Note: "*" designates a use which is subject to site plan approval by the Planning Board):

Special permitted uses. Special permitted uses, as approved by the Planning Board, shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):

Accessory uses shall be as follows:

Area and bulk regulations.

Parking requirements.

Development master plan. In lieu of the procedures set forth in § 210-66, neither the Planning Board, nor the Zoning Board of Appeals, nor any other administrative agency, board, body or officer of the Town of Poughkeepsie may receive, process, and determine applications for subdivision approval, site plan approval, special use permit approval, use variance approval, area variance approval, aquatic resource permits or any other land use approvals for an anchor project without the prior approval of a development master plan (DMP) by the Town Board. Such approval, if adopted, is a determination only that the subject matter of a proposed application or applications for an anchor project is/are in technical compliance with the stated purposes of these regulations, the stated permitted and accessory uses for the anchor project, and the density requirements of the anchor project as such purposes, uses and densities are set forth in Subsections B, C, D and E of this section. Town Board approval does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of one or more land use approval applications by any agency, board, body or officer of the Town. Authorization granted by the Town Board pursuant to this section does not commit or direct any agency, board, body or officer of the Town of Poughkeepsie to any course of future decisions. All obligations under the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8 and the accompanying regulations in 6 NYCRRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, boards, body or officer authorized to receive, process and determine applications for approvals. Approval by the Town Board pursuant to § 210-51.1 is a Type II Action pursuant to 6 NYCRR 617.5(28), to wit, engaging in the review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits a project sponsor to commence an action unless and until all requirements of Part 617 have been fulfilled, and accordingly such Town Board review is not subject to review under Part 617.

Design guidelines. The following guidelines shall be applied during the site plan and subdivision review of any anchor project. The Planning Board may use its discretion as to the applicability of these guidelines for all projects.

In any district where permitted, animal hospitals, animal rescues, kennels, and animal training shall comply with the following provisions:

In any district where permitted, the following additional provisions shall apply to animal rescues:

In any district where permitted, the following additional provisions shall apply to animal training:

In any district where permitted, the following additional provisions shall apply to kennels:

In order to eliminate inappropriate and poor quality design in the exterior appearance of structures erected, reconstructed or altered in any zone in the Town, and exclusive of single-family dwellings, the Planning Board shall have the powers of architectural review. These powers are essential to the general welfare of the community, to stabilize and improve property values, to foster civic duty and to strengthen the local economy.

In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:

Advisory board. The Planning Board is hereby authorized and empowered to retain as an advisor an architect or other such expert as it deems desirable or necessary to advise on specific applications.

The owner shall be the principal operator.

They shall have a minimum of three guest rooms and a maximum of 10 guest rooms.

They must meet all applicable zoning requirements.

The proprietor may serve meals to guests. A public dining room and bar is expressly prohibited.

Parking lots shall not be located closer than 15 feet to any residential property line providing a buffering for adjacent residential properties.

Parking requirements shall conform to § 210-92.

The Department of Health shall certify that the water supply and sewage disposal system are adequate for the maximum occupancy of the proposed facility.

Guest occupancy shall not exceed 21 consecutive days.

Signs.

The storage of boats, motors and similar accessories shall not be permitted in any required landscaped or buffered areas except those immediately adjacent to navigable water.

All repairs and service work areas shall be identified and shall be screened from view of adjacent residential areas.

Insofar as possible, repairs shall be accomplished indoors.

Purpose. The intent of this section is to encourage the development of small retail businesses that are involved in processing of products for sale on site and artisans and crafters processing or assembling their products for sale on site.

Boutiques will be subject to the following criteria:

Outdoor storage and display shall not cover more than 25% of the lot.

All outdoor storage areas must be screened by a minimum of eight-foot-high fencing or walls that are landscaped to the satisfaction of the Planning Board.

Minimum parking required: four spaces for every 1,000 square feet of building area, or as determined by the Planning Board.

Purpose. It is the purpose of this section to encourage the development of well-designed business parks, including but not limited to sites where existing highway business, retail and industrial uses are no longer viable and have fallen into disuse. It has been determined that the physical integration of mixed-use business and business-related uses will provide a more coherent land use pattern, thereby preserving property values and maintaining the visual and aesthetic environment. Further, a properly planned business park will provide area residents with employment opportunities and help strengthen the tax base.

Requirements.

Performance standards. Except as set forth herein, all uses within the business park shall comply with the performance standards of this chapter.

Design criteria. The intention of this subsection is to create an architecturally coherent development in which building design, detail, form, shape, color and the like integrate with the other aspects of the development, including landscaping, site topography, parking lot design, open space and the architectural character of the surrounding area. In addition, business parks shall be subject to the following design requirements:

Development master plan. In lieu of the procedures set forth in § 210-66, neither the Planning Board, nor the Zoning Board of Appeals, nor any other administrative agency, board, body or officer of the Town of Poughkeepsie may receive, process, and determine applications for subdivision approval, site plan approval, special use permit approval, use variance approval, area variance approval, aquatic resource permits or any other land use approvals for a business park without the prior approval of the Town Board. Such approval, if adopted, is a determination only that the subject matter of a proposed application or applications for the establishment of a business park is/are in technical compliance with the stated purposes of these regulations, the stated permitted principal and accessory uses for a business park, and the density requirements of the business park as such purposes, uses and densities are set forth in Subsections B, C and D of this section. Town Board approval does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of any one or more land use approval applications by any agency, board, body or officer of the Town. Authorization granted by the Town Board pursuant to this section does not commit or direct any agency, board, body, or officer of the Town of Poughkeepsie to any course of future decisions. All obligations applicable under the New York State Environmental Quality Review Act (ECL Article 8 and the accompanying regulations in 6 NYCRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, boards, body or officer authorized to receive, process and determine applications for approvals. Approval by the Town Board pursuant to this § 210-60 is a Type II action pursuant to 6 NYCRR 617.5(28), to wit, engaging in the review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits a project sponsor to commence an action unless and until all requirements of Part 617 have been fulfilled, and accordingly such Town Board review is not subject to review under Part 617.

Nonresidential condominium conversions.

Purpose. The purpose of this section is to provide regulations permitting the establishment of licensed, authorized cannabis retail dispensaries within the Town.

Required approvals.

Licenses and permits. A special use permit issued pursuant to this section shall be conditioned on the permittee obtaining and maintaining all required state and local licenses and/or permits and complying with all applicable state and local public health regulations and all other applicable laws, rules and regulations at all times. No building permit or certificate of occupancy shall be issued for a cannabis retail dispensary that is not properly licensed.

Limitation of approval.

Application requirements. In addition to any other application requirements for uses that require a special use permit or site plan approval, an application for a cannabis retail dispensary shall contain, at a minimum, the following information:

Location standards. A cannabis retail dispensary shall be allowed only in the Arlington Town Center (ATC), Highway Business (B-H), Heavy Industrial (I-H), Light Industrial (I-L), and Neighborhood Highway Business (B-NH) Zoning Districts, subject to any limitations set forth in the regulations of the district.

Buffer zones. As further defined by § 119.4 of the NYS Cannabis Law, and unless otherwise modified by the NYS Cannabis Control Board, no cannabis retail dispensary shall be located:

Specific standards.

Minimum area shall be 10 acres.

No interment shall take place within 50 feet of any street or property line. Such fifty-foot buffer area shall be suitably landscaped so as to screen the cemetery from view insofar as is practicable.

Caretakers' cottages, crematories, mausoleums (and chapel/funeral homes) which are incidental to the cemetery shall be permitted as accessory uses, provided that:

Permit required.

Standards for the keeping of chickens. The keeping of chickens shall be subject to the following conditions and requirements, which shall be observed at all times:

Enforcement.

Purpose. It is the purpose of this section to allow for a college/university conference center use associated with and in support of an existing college or university that is licensed by the New York State Board of Regents, and which is primarily designed to further the educational mission of such college or university, while at the same time encouraging walkability, discouraging excess vehicular traffic, and supporting existing town center districts.

Where permitted, a college/university conference center shall comply with the following requirements:

Communication stations, including radio broadcasting or relay stations and similar stations, may be allowed by special use permit.

Communication towers incidental and accessory to the principal use may be allowed by special use permit in the districts indicated, provided that the lot on which such towers are located is not less than four acres in size, and such towers shall be erected only to that height necessary to accomplish the purpose they are to serve and shall not exceed a height of two times the maximum height for the zoning district in which the tower is located. Further, such towers shall be set back from any residential parcel or district boundary a distance equal to 1 1/2 times the total tower height, including the height of any structure upon which the tower is situated. Such towers shall not cause interference with local radio or television reception and shall not endanger neighboring property or the public.

No communication tower shall be used for or have placed upon it any type of sign except warning signs needed for public safety.

Areas set aside for the outdoor storage of vehicles and materials shall not exceed 30% of the total lot area. No material storage pile shall exceed a height of 10 feet. The Planning Board may require that stored vehicles and material be located within buildings or sheds. Outdoor storage shall be limited to those specific locations approved by the Planning Board.

Outdoor areas designated for vehicle or material storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 210-69 in order to achieve the required screening.

Prohibited activities. Garbage or waste transfer stations; mining; rock/stone/concrete crushing; the storage, processing or handling of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371; the storage of buses, trucks or vehicles not used as part of an approved contractor office business. In addition the storage, processing or handling of petroleum products shall be prohibited except for heating fuel for use on site. Nothing contained herein shall prohibit the processing and crushing of rock, stone, or concrete on the site of any approved subdivision and/or site plan where such processed material will be used on site for the construction of approved improvements.

The intent of these regulations is to ensure that country clubs, fraternal clubs and recreational clubs are compatible with the neighborhood and immediate area where located and are not detrimental to the property values in the neighborhood where located. Wherever possible, clubs shall have direct access to a state or county road.

Special requirements.

Purpose. It is the intent of the Town of Poughkeepsie to provide for the child-care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the critical need for affordable child care for the Town's working parents.

Family and group family day-care homes. Family and group family day-care homes, as defined under day-care facilities in Article II, shall be permitted as of right in all residential zones, provided that:

Day-care centers, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in Article II. Day-care centers, school-age child-care facilities and nursery schools are permitted in all zones with the exception of the Residence, Mobile Home (MH) and Quarry (Q) Districts, provided that they are in compliance with the following:

Day-care center density bonus. Where a day-care center, as defined in Article II, is provided on the site of a nonresidential complex and where adequate off-street pickup and dropoff areas and sufficient facilities to ensure the overall safety of abutting traffic movement are provided, the Planning Board is hereby authorized to grant any one or all of the following:

The following sets forth the procedure for approval of a development master plan for those matters for which such approval is required by this chapter.

Development master plan application. An application for approval of a development master plan shall be as follows:

Review and approval of a development master plan. The review and approval of a development master plan shall be conducted in accordance with the following procedures:

Criteria for approval of the development master plan. In determining whether or not to approve a development master plan, the Town Board shall consider the extent to which, consistent with the intent and objectives of this chapter, the proposed project meets the following criteria:

Approval of projects following approval of a development master plan.

Time limits. If construction work on the proposed development project is not begun within three years of approval of the development master plan, then approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board, for good cause, authorizes an extension.

Dish-type antennas must be set back at least 15 feet from side and rear lot lines and shall be screened from existing residential uses on abutting lots, where practical.

Site plan approval shall be required for nonresidential, ground-type, dish-type antennas.

Applicability.

Design criteria. The following criteria shall be applied to the location and design of all EVCS associated with any nonresidential use and multifamily dwellings with 10 or more dwelling units:

Purpose and objectives. The proliferation of solar energy systems ("SES") and wind energy systems ("WES") as an environmentally friendly and cheaper energy alternative is expected in the coming years, and this equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Town of Poughkeepsie and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Town. The Town recognizes the demand for SES and WES facilities and the need for the services they provide. This section regulates SES and WES installations to ensure that any such proposed energy system is designed, located, and installed in accordance with sound planning by:

The primary purpose of any SES or WES facility shall be to provide power for the principal use of the property whereon the facility is located and not primarily for the generation of power for sale or resale to utilities or commercial users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a SES or WES otherwise designed to meet the energy needs of the principal use.

No SES or WES shall be located or operated so as to impede the function of any other SES or WES facility or of any radio or microwave communication device.

No SES or WES shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the SES or WES.

Solar energy systems.

Wind energy systems.

If a SES or WES facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the facility no later than 90 days after the end of the twelve-month period.

If any section, subsection or specific part or provision or standard of this section or the application hereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such section, subsection or specific part or provision or standard shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions thereof.

To the extent that any provision of this section is inconsistent with the Town Law or any other provision of Article 16 of the Town Law, or of the Energy Law, or of the Real Property Law, or of the General Municipal Law, the provisions of this section are expressly intended to and do hereby supersede any such inconsistent provisions under the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority.

This section shall take effect immediately upon filing with this state's Secretary of State.

Purpose. The purposes of feeder roads are to:

Authority. As a condition of site plan approval, the Planning Board may require the construction of a feeder road, consistent with the purposes of this section. Where immediate construction of a feeder road is not practical but can be reasonably anticipated, the Planning Board may alternatively require the reservation of appropriate rights-of-way and other provisions to ensure that a feeder road may be built in the future. The Planning Board may also reset required front yard setbacks to provide sufficient space for proposed feeder roads, but in no case may setbacks be changed any more than is necessary to accommodate the proposed feeder road.

Design criteria. The construction of feeder roads and/or pedestrian accessways shall be considered where uses that generate significant traffic volumes abut arterials or other important collector roads, as such roads are shown in the Town Plan. Whenever practicable, feeder roads shall be located to the rear of structures to connect rear parking lots. Pedestrian accessways shall be located where appropriate and where they are likely to receive the most use.

Driveway interconnection. Where the construction of a feeder road is determined to be inappropriate or infeasible, the Planning Board may require the interconnection of existing entrances and exits, parking lots or driveways in order to eliminate the need for additional access points onto major roadways.

Temporary direct access. Where a feeder road is planned, but will not be built immediately, the Planning Board may grant conditional approval which would allow direct access to a roadway until the feeder road is improved and available. At such time, the direct access to the highway shall be eliminated. The Town Board will hold a bond or other form of guaranty to ensure that such closure occurs.

Maintenance. The Planning Board shall require written assurance, deed restrictions or other methods acceptable to the Town Attorney, binding the owner and his or her heirs and assignees to permit and maintain feeder roads and any interuse of parking facilities or other improvements.

Such buildings may contain space and facilities for:

Such buildings shall not include facilities for cremation.

Where a funeral home is permitted, a funeral chapel shall also be permitted.

All funeral homes shall meet the requirements for landscaping and off-street parking.

A nonrenewable permit issued by the Zoning Administrator is required in order to conduct a garage sale for a maximum of three consecutive days; permits may be extended because of inclement weather. There must be a separate application each time a garage sale is held. The following regulations also apply:

A revocable, nonrenewable permit issued by the Zoning Administrator is required in order to conduct a tent sale. Tent sales shall be limited to three consecutive days three times per calendar year per site. The permit may be extended by the Zoning Administrator due to inclement weather. Additionally:

A revocable, nonrenewable permit issued by the Zoning Administrator is required in order to conduct a seasonal sale, such as the sale of Christmas trees or fireworks, subject to the following:

Minimum area shall be 20 acres.

Any buildings incidental to the golf course shall be located at least 200 feet from any external street or property line.

Parking areas shall be located at least 50 feet from any external property line(s). Off-street parking shall be in accordance with § 210-92.

Appropriate landscaping/screening shall be provided around golf course buildings and parking areas, and, if necessary, around fairways and greens, to screen views from existing developed residential properties outside the golf course. Such landscaping shall be of a design, location and material approved by the Planning Board.

General criteria.

The following uses are specifically prohibited as home occupations: retail sales or rental business; bed-and-breakfast; inn; ambulance, taxi, limousine, or towing service; motor vehicle repair, sales, service, and rental business, including repair, parts, sales, upholstery, body work, painting, washing, and detailing; appliance or engine repair, rental, or service; restaurant; delicatessen; bar or tavern; servicing of construction equipment; public stable; kennel; animal hospital; animal rescue; veterinary office; group instrument instruction; boardinghouse; funeral home or mortuary establishments; convalescent homes and other extended-care medical facilities; tractor-trailer operations, including storage, warehousing and repair; and tattoo parlors.

Specific criteria:

Occupations that do not meet the general criteria and either Subsection C(1) or (2) of the specific criteria are not home occupations and are not permitted pursuant to this section.

Hotels and motels may include accessory restaurant and other facilities not to exceed 25% of total floor area.

A hotel or motel may include general office accommodations, subject to applicable district regulations.

In a Highway Business (B-H) District, no sleeping unit shall be closer than 100 feet to any street line or 50 feet to any property line; except where it abuts a residential district, then the distance shall be 70 feet.

Other activities or uses, whether permanent or temporary, which are customarily incidental to a hotel or motel are permitted; however, all such uses must be conducted entirely within the building. There shall be no external evidence of such activity or use other than permitted signs.

Statement of policy. Pursuant to § 261-b of the Town Law, the Town of Poughkeepsie hereby establishes a policy of encouraging the preservation of open space and the provision of facilities and amenities that would benefit the Town by providing incentive(s) to applicants seeking approval of a major subdivision plat to develop the residential uses in accordance with the standards of this chapter and Chapter 177.

Purpose. The purpose of the Town's system of incentive zoning is to advance the goals and policies expressed in the Town Plan and this chapter. Pursuant to a findings statement adopted after the review and acceptance of a final generic environmental impact statement that analyzed the potential environmental effects associated with adoption of this chapter, the Town Board hereby finds that the system of incentive zoning set forth in this section is consistent with the Town Plan and that such incentives are compatible with the development otherwise permitted in the residential districts as set forth in this chapter. As set forth below, the Town Board has established standards for the proper application of incentive zoning to a major subdivision plat, and the specific findings the Town Board shall make prior to approving an adjustment to the maximum density unit requirements of this chapter.

Grant of authority. In considering an application for approval of a major subdivision plat, the Town Board is hereby authorized to adjust the maximum density unit requirements of the zoning district in which the property is located in exchange for one or more of the specifically identified incentives, and in accordance with the standards and conditions set forth below. In authorizing the incentive adjustment to the maximum density unit requirements pursuant to said section, the Town Board shall ensure that the benefit to the Town is permanent, and may require such easements, sureties or other performance guarantees that the Board deems necessary.

Applicability. The incentives set forth herein shall be applicable only to parent parcels of not less than 25 acres that are zoned R-4A, R-2A, R-1.5A, or R-20,000 for which an application for approval of a major subdivision pursuant to this chapter and Chapter 177 of the Town Code has been submitted. The Town Board is solely vested with the authority to grant an incentive bonus in return for one or more of the benefits as set forth in this section.

Location of open space. The Town Board is authorized to require the reconfiguration of a development plan to ensure that the open space to be protected under the plan consists of usable open space as defined in this chapter.

Maximum allowable adjustment. In no event shall the total of the Tier 1, Tier 2, Tier 3, and Tier 4 incentive adjustments set forth below exceed 100% of the base maximum density unit calculation for the conventional subdivision in accordance with § 177-15 of Chapter 177 as determined by the Planning Board in its recommendation to the Town Board. Only one adjustment per tier shall be allowed for any one development project.

Incentives. Notwithstanding any contrary provision of the Town Law, this chapter, or Chapter 177 that limits or restricts the maximum unit density of a proposed major subdivision, an applicant may apply for an incentive adjustment to the maximum unit density requirements of this chapter in exchange for one or more of Tier 1, Tier 2, Tier 3, or Tier 4 benefits for any major subdivision.

Procedure. The Town Board shall review and approve any incentive adjustment pursuant to this section.

Findings. Before approving an adjustment to the maximum allowable density requirements of this chapter in exchange for one or more of the identified benefits, the Town Board shall make the following specific findings:

A minimum of three acres is required.

The number of guest rooms shall not exceed 25.

Restaurant and conference uses shall be accessory to the overnight accommodations use.

The total gross square footage of floor space devoted to accessory restaurant and conference facility space shall not exceed 40% of the total gross square footage of the inn.

No parking or loading area shall be located within 50 feet of a property in residential use or to property located within a residential district.

The Dutchess County Department of Health shall certify that the water supply and the sewage treatment systems are adequate for the maximum occupancy, including overnight guests and restaurant guests.

The inn shall prepare and maintain an emergency evacuation plan in accordance with Dutchess County Health Department and Town of Poughkeepsie regulations, as applicable.

Parking spaces shall be provided as follows:

Purpose. The purpose of these regulations is to protect the public health, safety and welfare by regulating landfilling, land contour changes, site preparation, construction activities and other land alterations not specifically excluded and not constituting soil mining or quarrying. Relative to this purpose, these regulations are intended to:

Land contour change, minor.

Land contour change, major.

Purpose. It is declared to be the purpose of the Town of Poughkeepsie to protect the health, safety and welfare of the residents and commercial interests of the community by ensuring that appropriate landscaping is installed in new developments. The Town finds that landscaping serves many important functions, including minimizing the risk of damage resulting from soil erosion, protecting water and air quality, the protection of property values by maintaining the aesthetic standards of the community and the preservation of the visual experience.

Required landscaping plan. Any application for approval of a site plan or special use permit shall be accompanied by a separate landscaping plan unless waived by the governing board. Said plan shall be submitted on sheets drawn at the same scale as the overall plan and show existing and proposed landscape elements.

All required landscaping shall be maintained for the life of the site.

For little free libraries, the requirements of Subsection B supersede those in § 210-48.

Little free libraries are permitted as an accessory use in any zoning district provided that the structure containing the little free library meets all of the following criteria:

General regulations.

General guidelines.

Exterior lighting plan review.

Residential district lighting. Within a residential district, all new parking lot lighting and site lighting for developments, other than single-family dwellings, shall be comply with the following:

Centers, hamlets, business, and commercial district lighting.

Enforcement. To assure that site lighting does not adversely affect neighboring properties, the Zoning Administrator shall have the authority to require changes to the on-site lighting fixtures to minimize and eliminate glare and the splaying of light across property lines, and to ensure continuous compliance with this section. Such changes may include, but are not limited to, requiring the installation of lower wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure to implement the changes as directed by the Zoning Administrator shall be a violation of this section, any permit or approval granted under this section.

All of the requirements listed in the specific zoning district.

Structures will be sited inland from the waterfront as much as possible, to increase open space along the waterfront and to minimize exposure to flooding and reduce runoff and non-point source water pollution.

In general, all new marina proposals or expansion of existing marinas shall, as appropriate, include sufficient parking, park-like surroundings, toilet facilities and marine pumpout facilities.

Marinas shall be located in areas where minimal physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project. Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years.

Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs.

Sewage pumpout facilities shall be provided at new marinas and expansion of existing marinas at a minimum rate of one pumpout station for every 100 boats accommodated, or fraction thereof.

Adequate restroom facilities for property users will be required to discourage any overboard discharge of sewage from boats in order to protect water quality and to provide a development amenity. The number of toilets required for any given marina shall be determined by the nature and size of the marina and by its specific site locations.

The applicant must demonstrate adequate capacity to properly dispose of or treat all sanitary wastes generated by the project.

An ample number of signs must be provided to identify the location of public restrooms and of pumpout facilities. Signs must also fully explain the procedures and rules governing the use of the pumpout facilities.

Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste. A maximum spacing of 100 feet between receptacles shall be maintained on all piers and docks.

Mobile homes shall be located within mobile home parks and mobile home subdivisions within mobile home districts.

Mobile home parks are permitted by special use permit from the Planning Board in Residence, Mobile Home (R-MH) Districts subject to the following regulations:

Additional provisions. Each mobile home park shall provide sanitary conveniences, service and utilities, including water supply, sewage disposal and garbage disposal, commensurate with the following:

Statement of policy in regard to Shady Brook Trailer Park rehabilitation and redevelopment. The Shady Brook Trailer Park is located at 67 Old Manchester Road, Tax Parcel Number 6261-04-671364 (hereinafter "Shady Brook"). Shady Brook has been in operation as a trailer park since sometime in the mid to late 1950's. While the original locations of some of the units pre-date site plan and special permit review authority by the Town and are therefore legally nonconforming as to the Town's zoning law, the operator of Shady Brook has installed mobile home trailers in locations within the trailer park without receiving prior authorization from the Town when otherwise required to do so. The Town has worked to enforce compliance with the Town's zoning and land use regulations, including commencement of enforcement actions. Recently, many of the dilapidated and unsafe trailers have been removed by the current operator, but there are still units that remain noncompliant. Notwithstanding these recent enforcement efforts, the Town recognizes that the mobile home trailer park represents an affordable housing option for many residents who might not be able to afford the rental and mortgage costs associated with living in single-family or multifamily style housing. By providing the Planning Board with the authority to reduce the minimum setbacks between units and along perimeter lot lines, the mobile home trailer units may be clustered so as to avoid flood-prone areas of the site and reduce redevelopment costs related to installation of new water supply, sewage disposal, and electrical connections. By allowing units to be placed in closer proximity to each other than is currently permitted under Chapter 210, while maintaining the minimum separation distances required under the State Building Code, overall unit density would be maintained within the trailer park, thereby assuring the economic viability of trailer park operations. Accordingly, the following regulations authorize the Planning Board to approve a site plan for the Shady Brook Trailer Park as a means of retaining the mobile home park as a safe and affordable housing option for residents.

Grant of authority. Pursuant to § 274-a(5) of the Town Law, the Town Board of the Town of Poughkeepsie hereby grants to the Planning Board of the Town of Poughkeepsie the authority to modify applicable area, yard, bulk, and design provisions of § 210-19 and § 210-83 of the Town Code as they apply to the layout of an amended site plan for the Shady Brook Trailer Park when, in the Planning Board's sole discretion, doing so would be consistent with the goals and objectives of the Town Plan pertaining to affordable housing and the statement of policy of this section. To the extent that any provisions of this subchapter are inconsistent with § 274-a of the Town Law, the Town Board of the Town of Poughkeepsie hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law § 10(1)(ii)(d)(3) et seq.

Applicability. This section shall be applicable only to the land parcel located at 67 Old Manchester Road, Tax Parcel Number 6261-04-671364, which has been operating as and is known as the "Shady Brook Trailer Park." The Planning Board, in its sole discretion, shall determine whether to approve an amended site plan and special use permit for redevelopment of the Shady Brook Trailer Park in accordance with this § 210-83D, or whether to require implementation of a site plan in accordance with the standard provisions of § 210-19 and § 210-83 of the Town Code subdivision plan.

Required plans. An application under this § 210-83D shall include all plans and materials required for approval of a site plan and special use permit as set forth in this chapter.

Planning Board findings. In order to approve a site plan and special use permit, the Planning Board must find that the plan for redevelopment of the Shady Brook Trailer Park would fulfill the purposes of this chapter and the Town Plan.

Plan notations. The location of trailer units, lease line boundaries, open space, recreation, floodplain, and common facilities areas shall be clearly labeled on the approved site plan as to their use, ownership, management, method of preservation. The approved site plan shall clearly show that such areas are permanently reserved for their particular purposes, and shall contain appropriate references to any easements or restrictive covenants required by the Planning Board.

Recording. All required easements and restrictive covenants shall be recorded in the office of the Dutchess County Clerk prior to the Chairman's signature on the approved site plan.

The storage or display of mobile homes and modular homes shall not be permitted in any required yard or within 20 feet of a residence district boundary.

Each mobile home and modular home sales establishment shall have a landscaped area at least 20 feet wide along side and rear lot lines suitably planted and maintained to provide a visual screen from adjacent properties. At the discretion of the Planning Board, existing mature screening may be substituted for plantings.

The sales area shall be paved with an asphaltic, cement or crushed stone material. Drainage shall be directed away from adjacent properties and public streets.

Parking and additional landscaping shall be provided in accordance with § 210-92 and § 210-80.

All vehicle parts, new or discarded, and similar articles shall be stored within a building or screened from view.

Insofar as possible, all repair and service work shall be performed indoors.

Premises shall not be used for the display or sale of automobiles, trailers, mobile homes, motor homes, boats and other vehicles.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

No inoperative vehicle shall be stored on the premises for more than 90 days.

Minimum parking spaces required: two spaces per service bay (service bay is not a parking space), plus 3.3 spaces for every 1,000 square feet of gross floor area.

All vehicle parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

Insofar as possible, all repair work shall be performed indoors.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

No inoperative vehicle shall be stored on the premises for more than 90 days.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

Insofar as possible, all repair and service work shall be accomplished indoors.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

The outdoor storage of disabled vehicles is prohibited.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped or buffer area.

Insofar as possible, all repair and service work shall be accomplished indoors.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

Each vehicle for sale is permitted one sign per vehicle with a maximum area of one square foot; this sign shall be displayed from inside the vehicle. Such vehicles shall have no other advertising or devices to attract attention.

There shall be a minimum lot area of 30,000 square feet unless the district regulations require a larger lot area. There shall be minimum road frontage of 200 feet unless the district regulations require a larger road frontage.

No inoperative or partially dismantled automobile shall be stored on the premises for more than 90 days. All such vehicles shall be screened from view.[1]

Off-street parking and storage of automobiles shall be in accordance with § 210-92.

No facility shall be located within 500 feet of any property developed for residential use which is located in a residential district.

A fence or wall adequate for year-round screening of the facility shall be installed along any residential property line and shall be of a design, height, location and material approved by the Planning Board. Special emphasis shall be placed on the use of acoustical and opaque materials as needed to achieve significant sound and light reduction, as determined by the Planning Board.

If a car wash is involved, the following restrictions shall apply:

Purpose. It is the purpose of this section to encourage the development of well-designed nursing and alternate-care housing for the elderly (55 years of age or older). It has been determined that the physical integration of nursing care facilities along major highways in residential areas will provide a more coherent land use pattern, thereby preserving property values. Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment. Further, a properly planned nursing or alternate-care housing home will provide area residents with employment opportunities.

Requirements. An application for a nursing home and/or other alternate care housing for the elderly (55 years of age or older) shall be subject to the following regulations:

The intent and purpose of these regulations is to provide all structures and land uses within the Town with adequate off-street parking and loading facilities to meet the needs of people employed at or making use of these structures and land uses; further, to ensure that parking facilities are developed and maintained in harmony with the Town character and environment.

Structures and land uses in existence or for which building permits have been approved at the time of adoption of these regulations shall not be subject to the parking or loading space requirements of this section, provided that any parking and loading facilities existing to serve such structures or uses shall not, with the exceptions hereinafter provided, in the future be reduced unless they exceed the requirements of this section.

Any change in use or site plan revision of an existing lot or structure shall require a complete review of parking facilities by the Planning Board. Applicants for change of use or site plan revision shall provide or make provisions for adequate parking facilities according to the standards of this section.

Required parking and loading facilities for the existing uses shall be provided at the time of any enlargement of such existing structures or uses. Parking and loading facilities for such enlargements shall comply with all provisions of these regulations. When a change of use of a building or structure takes place, the new use must meet the applicable off-street parking and loading standards before a certificate of occupancy is issued.

Required off-street parking facilities which, after development, are dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.

Where two or more different uses occur on a single lot, the total amount of parking to be provided shall be the sum of the requirements for each individual use.

The required off-street parking facilities shall be provided on the same lot or premises with the structure or land use they serve, except:

Unobstructed access to and from a street, so designed as to not require the backing of any vehicle across a sidewalk or a traffic lane, shall be provided for all parking and loading spaces. Such access driveway width shall be consistent with the aisle width of the required parking. In general, such driveways shall be at least 26 feet in width, except where the Planning Board determines that a lesser width is sufficient.

In order to provide maximum efficiency, minimize curb cuts and encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas, now or in the future, via access drives, service roads or pedestrian accessways within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and its heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

The maximum slope within a parking area shall not exceed 5%.

Each parking space shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 18 feet long if bordered by walls or columns on one or more sides. Each parking space shall be clearly delineated and so maintained.

Backup and maneuvering aisles between rows of parking spaces shall be at least 26 feet wide, except for angled parking which shall be developed to standards meeting the Planning Board's approval.

Within parking lots in nonresidential districts where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a nontransient basis (car parked at least three hours in the same space), up to 25% of these parking spaces may, with the approval of the Zoning Board of Appeals, be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one location on the lot and shall be clearly marked as being reserved for compact cars only.

Required off-street parking facilities shall be maintained as long as the use or structure which the facilities are designed to serve is in existence.

Minimum off-street parking requirements are as follows (the most restrictive requirements shall apply):

Off-street loading and unloading facilities. All loading and unloading shall take place entirely on the lot, subject to site plan approval by the Planning Board.

Off-street parking in residential zones. Parking spaces, whether open or enclosed, shall be restricted to the parking of private passenger vehicles and commercial vehicles, subject to the following:

If the Planning Board finds that compliance with the off-street parking requirements herein would have an adverse impact upon the physical environment or visual character of the area, and if the Board also finds that all of the parking otherwise required as set forth above will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed. If a proposed use is not listed in schedule of off-street parking above, the Planning Board shall use its discretion to determine the amount of parking to be required.

Electric vehicle charging stations. Any site plan for a multifamily residential use that proposes 10 or more dwelling units, or a nonresidential use that proposes 20 or more off-street parking spaces, shall provide for the installation and use of one or more electric vehicle charging stations (EVCS) in accordance with the following:

General provisions.

Reservation of land for public park, playground or recreation purposes.

Amount of land reservation. In addition to any other provision of Town Law or the Town Code, where the Planning Board has determined that a suitable case exists to require the reservation of parkland for recreation purposes, the Planning Board shall determine the minimum amount of land area to be reserved for park, playground or other recreational purposes within a proposed residential or mixed-use development. In making such a determination, the Planning Board shall be guided by the following schedule. The Planning Board is authorized to use its discretion to adjust the amount of land reserved for parkland based on site conditions, the Board's assessment of demand for recreation land, and the availability of alternative recreation facilities:

Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board, in its review of residential site plans or subdivisions, shall consider the following factors:

Referral required. Prior to making any final determination that land within a proposed residential development will be reserved for park, playground or other recreational purpose, the Planning Board shall first refer the proposal to the Town Board and to the Town Department of Parks and Recreation for review and recommendation. If no response is received by the Planning Board within 30 days of the date of referral, the Planning Board may make a final determination. A referral is not necessary where the Planning Board makes a determination that it will not require the reservation of land within the residential development.

Findings required. Prior to making any final determination that land will be reserved for public park, playground or other recreational purpose, the Planning Board shall make a finding, in accordance with § 274-a(6) or § 277(4) of the New York State Town Law, that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. The finding shall include an analysis of the criteria of Subsection D(1) through D(12) above.

Timing of land reservation. The reservation of park, playground or recreation land shall occur prior to the issuance of the first building permit for any dwelling unit located within the approved residential development.

Satisfaction of land reservation requirement. The land reservation requirement of this section shall be satisfied by:

Fee in lieu of park, playground or recreational land.

The intent of the following performance standards is to prohibit any activity or use in any district which is obnoxious, offensive or hazardous by reason of vibration, airborne matter, odor, toxic waste, radiation, electromagnetic interference, fire, explosion, heat, liquid wastes and vehicular traffic.

Vibration.

Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter off the property on which the use is conducted.

Fire and explosive hazard. No storage or manufacture of explosives or solid material or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat under ordinary temperature conditions shall be permitted. This shall not apply to the normal storage of wood or charcoal.

Heat. There shall be no emission of heat which would cause a temperature increase in excess of 5° Fahrenheit along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or water body.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Vehicular traffic. No nonresidential use shall be permitted where it is determined by the Town that the type and number of vehicle trips the use is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which would interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction. Such hazards would result from the design or capacity of the state or local highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.

Prohibited uses. In any district, no manufacturing use, or any trade, industry, use or purpose that does not conform to the performance standards stated herein or is otherwise noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noxious fumes, radiation, gas, noise, vibration or excessive light, or any combination of the above, which is dangerous and prejudicial to the public health, safety and general welfare, shall be permitted, and this includes more specifically, but is not limited to, the following such uses:

Purpose. It is the purpose of this section to permit places of religious worship in the Light Industrial District, and the commercial and business districts and to ensure that they are compatible with the area where they are located.

Requirements.

Public utility structures shall not contain offices or have any outdoor storage of materials. All such structures shall be subject to conditions as the Planning Board may impose to preserve and protect the character of the neighborhood. No employees will be on site full-time.

The following standards shall apply to any commercial solar energy and any commercial wind energy facility:

"Other recreational facilities not specifically mentioned" shall not include an amusement machine complex, as that term is defined in Article II hereof.

No activity allowed by this section as a special permitted use or an accessory use shall authorize the installation, maintenance or operation of or cause to be installed, maintained or operated more than five freestanding, coin-operated electronic video games.

Nothing in this provision shall be construed as authorizing as a special permitted use or accessory use the installation, operation or maintenance of a food service facility commonly referred to as a "lunch room," "restaurant," "coffee shop" or "bar," except that this will not exclude juices, sodas or snacks.

Other recreation facilities or accessory uses shall not be construed to include billiard parlors, and billiard parlors are hereby excluded.

Other recreational facilities shall be limited to include the above-cited items and the following:

Purpose. It is the intent of the Town of Poughkeepsie to provide alternative uses to residential properties that are subject to flooding. These properties are generally located along the Wappingers Creek and lie within the one-hundred-year floodplain as designated by the Federal Emergency Management Agency maps. Generally, without substantial landfill and/or floodproofing provisions, homes cannot be safely constructed. Further, recreation uses would be more economically and environmentally compatible.

Criteria.

De minimus recreation use. No permit or site plan review shall be required for an outdoor recreation use that is located in a floodplain area and does not involve any new construction or site work such as grading or removal of vegetation.

All such businesses shall be subject to special use permit and site plan approval.

The minimum lot area shall be five acres.

Such businesses shall be screened from adjacent streets and properties in accordance with § 210-80, Landscaping, as well as the conditions established in the site plan approval process.

No items shall be stacked, piled or stored above the height of any screening materials or vegetation.

Criteria applying to special permitted uses. In addition to the criteria set forth in § 210-149, the following criteria shall apply to any special use permit use set forth in § 210-18:

Off-street parking. Off-street parking facilities shall be provided as required in § 210-92.

Screening and landscaping. Parking for more than three cars associated with any use allowed subject to a special use permit shall be screened by a hedge, fence or wall, of a design and material subject to approval by the Planning Board, along the side and rear property line. Such screen shall be at least six feet and no more than eight feet in height and shall be adequate to screen the parking area at all seasons of the year. All required screening shall be maintained throughout the life of any use for which a special use permit is granted.

Restaurants shall meet the standards of § 210-92, Off-street parking and loading, as well as other applicable regulations.

Off-street parking areas shall be arranged so that vehicles do not obstruct sidewalks or streets while maneuvering into and out of a parking space.

Fast-food establishments. Vehicle stacking lanes for any drive-up service must be adequate so that adjacent sidewalks or streets are not obstructed.

Purpose. It is the intent of these regulations to provide outdoor sections of restaurants where food and beverages are consumed without compromising the character of the neighborhood. This will be achieved through lighting being reflected away from abutting roadways and adjoining properties and garbage receptacles being available for prompt removal of litter, thus limiting littering and the controlling of objectionable visual and noise intrusion to surrounding property. Outdoor restaurant dining facilities shall be accessory to a restaurant use and shall be subordinate to the main dining area located within a building in which the restaurant use is located.

Criteria. In any district where permitted, the outdoor restaurant dining facility for any restaurant shall comply with the following provisions:

Purpose. The intent of this section is to encourage the development of manufacturing businesses that depend in part upon the sale of the manufactured product upon the premises.

Criteria. In any district where permitted, retail store outlets shall comply with the following:

Purpose. It is the intent of these regulations to allow establishments that serve food and beverages to provide tables and chairs for patron use on the sidewalk at the front entrance to such establishments. The provisions of this section are distinguished from the provisions of § 210-102 since the placement of any tables and chairs is a temporary accessory use and does not include the installation of permanent structures or improvements that would serve to delineate the sidewalk seating area. In addition, the placement of tables and chairs on a public sidewalk is subject to the jurisdiction of the Town, county, state or federal agency that may own the affected right-of-way.

Criteria. In any district where permitted, sidewalk seating and tables for patrons shall comply with the following provisions:

Purpose. It is the intent of these regulations to keep parking facilities located in the Town of Poughkeepsie functional, safe and to maintain the aesthetic standards of the community. Shopping cart corrals with locking devices minimize the risk of damage resulting from loose shopping carts, the accumulation of shopping carts in designated parking areas and the removal of shopping carts from the designated use area.

Regulation of shopping carts.

Site plan approval. Application for approval of site plan shall have specifications on the number of shopping carts, corral locations, dimensions, number of shopping carts each corral will contain and type of locking device being used. Corral areas placed in parking stalls shall be considered as part of the required parking area.

Purpose. The purpose of this section is to regulate short-term rentals within the Town of Poughkeepsie in a manner that protects the public health, safety, and welfare.

Definitions. As used in this section, the following words shall have the meanings indicated:

Required approvals. An unhosted short-term rental as a principal commercial use shall be allowed only after the granting of a special use permit by the Town Board. The special use permit shall be renewed annually; it may be renewed administratively by the Zoning Administrator at his/her discretion without referral to the Town Board if the short-term rental has complied with the provisions herein and in Chapter 168 A of the Town Code. The special use permit shall be a privilege, not a right, and can be revoked for failing to comply with the provisions herein and in Chapter 168A of the Town Code. Site plan approval shall not be required for special use permits under this section unless the Town Board directs that, because of its complexity or other unusual circumstances, a particular application for an unhosted short-term rental as a principal commercial use must have site plan approval from the Planning Board.

Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease, or advertise for rent or lease, any property as a short-term rental without first having obtained a short-term rental permit pursuant to Chapter 168A of the Town Code.

Subject to the requirements set forth in this section and in Chapter 168A of the Town Code, short-term rentals shall be permitted as follows:

An approved enclosure shall be provided around outdoor swimming pools so that such pools are inaccessible to children. The enclosure may surround either the pool area or the property.

General requirements. Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:

Exemptions.

Such pool shall not be located in any required front yard or in front of the permitted principal use.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.

All swimming pools shall be considered structures and shall be set back from side and rear lot lines at least 15 feet.

Minimum lot size shall be 2 1/2 acres.

The principal structure shall be set back 200 feet from the street line.

No public pool shall be constructed within 200 feet of any existing residential structure or 100 feet from any lot line.

Screen plantings shall be established along lot lines where residential uses abut public pools.

The pool areas shall be fully enclosed by a fence at least six feet high but no greater than eight feet high.

The point source of pool lighting shall not be visible from beyond the property line.

Parking shall be provided in accordance with § 210-92.

Purpose. These temporary use and occupancy regulations have been adopted by the Town of Poughkeepsie Town Board in response to the COVID-19 crisis in an effort to reduce the health and economic impacts of the crisis on Town residents, visitors, food service employees and food service establishments by encouraging social distancing, walking and the support of local businesses. Temporary outdoor dining and sidewalk seating, as permitted pursuant to these regulations, is intended to provide additional seating space for restaurants whose internal seating capacity has been reduced by social distancing requirements associated with the COVID-19 pandemic. During the time period covered by this section, temporary outdoor dining and sidewalk seating are hereby exempt from site plan or special use permit review as required elsewhere in this chapter. Instead, the following rules and regulations shall apply to such temporary outdoor dining and sidewalk seating.

These regulations apply to:

Application: Food service establishments that wish to provide temporary outdoor dining and sidewalk seating shall apply to do so by submitting an application to the Director of Municipal Development. The prescribed application shall include such data and information as the Director determines to be necessary, including but not limited to:

Requirements:

Inspection. Temporary outdoor dining facilities and sidewalk seating may be inspected by the Town's Building and Zoning Code Enforcement personnel at any time. The Town's enforcement personnel may require changes as reasonably necessary at the applicant's site to further the stated goals of advancing public health, welfare, safety and economic restoration. Failure to cure a violation of any requirement of this section, or a required change ordered by the Town's Building or Zoning Code Enforcement personnel, within 10 days of the issuance of a notice to cure shall subject the operator of the establishment, after a hearing to be held within 15 days of the issuance of the notice before the Director of Municipal Development if demanded, to closure of the temporary outdoor dining or sidewalk seating area; provided, however, that if the violation is one which may imminently endanger the public health, safety, or welfare, 10 days notice to cure shall not be required.

Supersession. In adopting this section, particularly as it relates to the authority of the Development Director to issue temporary outdoor dining and sidewalk seating permits, the Town of Poughkeepsie hereby supersedes any inconsistent provision of New York Town Law §§ 274-a(2)(a) and 274-b(2).

This section shall take effect immediately on filing with the Secretary of State and these temporary regulations shall be in effect until October 31, 2022.

The tennis court shall not be located in any required front yard or in front of the permitted principal use.

The tennis court shall be considered an accessory use and shall be set back from side and rear lot lines at least 15 feet.

The enclosure fence shall be at least 10 feet high but no greater than 12 feet high.

A building permit is required.

The tennis court may be lighted for night use upon issuance of a special use permit by the Zoning Board of Appeals.

Purpose. The purpose of this section is to regulate tobacco stores in the interest of the public health, safety and general welfare, while providing a reasonable number of locations for such stores to locate within the Town. The proliferation of tobacco stores in the Town could result in undesirable impacts to the community, including an increased potential for tobacco sales to minors, potential negative aesthetic impacts, and a reduction in property values of residential neighborhoods and businesses in close proximity to such uses.

Required approvals. Notwithstanding any other provision of this chapter to the contrary, tobacco stores shall be allowed only after the granting of a special use permit and site plan approval from the Planning Board, subject to the requirements set forth in this section.

Location standards.

Sale of illegal substances. Any sale or dispensing of illegal substances, including but not limited to the sale or dispensing of cannabis without a NYS license or registration for a cannabis retail dispensary, shall be a violation of the special use permit issued for a tobacco store and will result in the revocation of the special use permit.

Where posted speed limits on the major street are in excess of 30 miles per hour, no fence, wall, hedge or other structure shall be placed or maintained so as to severely limit the visibility of vehicles within 500 feet of the point of intersection of the center line of the approach lanes of the major and minor streets, measured along the major street, both to the left and right of the minor street.

Where posted speed limits on the major street are 30 miles per hour or less, no fence, wall, hedge or other structure shall be placed or maintained so as to severely limit the visibility of vehicles within 300 feet of the point of intersection of the center line of the approach lanes of the major and minor streets, measured along the major street, both to the left and right of the minor street.

The viewing point for determining visibility shall be located at a height of 44 inches above finished pavement surface and 12 feet back from a line projecting the edge of pavement of the major street across the minor street approach. Object height is to be 44 inches.

This section shall not apply to existing street trees, provided that no branches are closer than six feet to the ground.

Lighting shall meet the standards of § 210-81 of this chapter.

A minimum of one parking space for each 2,000 square feet of building area shall be provided.

Purpose and intent.

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

Required approvals.

General standards.

Prohibited on certain structures. No WT facility shall be located on any structure that contains a dwelling unit, except for multifamily buildings (excluding townhouses) and mixed-use buildings.

Application requirements. An application for approval of a WT facility shall be submitted jointly by the WT provider and the property lessee, if applicable. Applications must be submitted in both hard copy and electronic file format, and shall include the following information:

Application fees. A nonrefundable application fee, as set forth in Town Fee Schedule,[2] shall be submitted with the application, in addition to any other fees required by law.

Reimbursement for use of the public right-of-way. WT facilities located in the public right-of-way are subject to the Town's fee for use and occupancy as established in the Town Fee Schedule.

Escrow for review costs. In accordance with Chapter 106 of the Town Code and to the extent permitted under federal law, the applicant shall fund an escrow account to allow the Planning Board or Planning Department to retain such technical experts and other consultants as they deem necessary to review a proposal for a WT facility. This may include, but is not limited to, review of technical, legal, financial, or engineering aspects of the application, as well as analysis of practical alternatives which may be available to the applicant.

Approval procedures for small WT facilities.

Approval procedures for macro cell WT facilities.

General and specific requirements for WT facilities.