Putnam Valley City Zoning Code
ARTICLE I
Purpose, Authority and Scope
§ 165-1 Short title.
This chapter shall be known as the "Zoning Ordinance of the Town of Putnam Valley."
§ 165-2 Statutory authority.
This chapter is adopted pursuant to authority set forth in §§ 263 and 265 of the Town Law of the State of New York and shall be applicable to all property within the corporate limits of the Town of Putnam Valley, herein referred to as "the Town."
§ 165-2.1 Cannabis.
[Added 10-13-2021 by L.L. No. 8-2021]
A.
Legislative intent. It is the intent of this section to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Putnam Valley that would otherwise be allowed under Cannabis Law Article 4.
B.
Statement of authority. This section is adopted pursuant to Cannabis Law § 131 which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Putnam Valley, and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No petition for referendum was filed within the required timeframe.
C.
Local opt-out. The Town Board of the Town of Putnam Valley hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the Town's jurisdiction.
D.
Permissive referendum/ referendum on petition. This section is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.
E.
Severability. If any clause, sentence, phrase, paragraph or any part of this section shall for any reason be adjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this section, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this section would have been adopted had any such provisions been excluded.
F.
When effective. This section shall become effective immediately upon filing in the office of the Secretary of State.
§ 165-3 Purpose and intent.
The zoning regulations and districts as herein established have been designed to implement and promote the Master Plan for the Town of Putnam Valley for the purpose of promoting the health, safety and general welfare of the town. The regulations have been designed to protect the fragile natural resources in the town; to prevent the overcrowding of land; to facilitate the adequate provision of transportation, water, sewage, parks and public requirements; to provide for a range in housing opportunities; and to promote the public interest, health, comfort, convenience, safety and general welfare; to protect and conserve property values; to assure orderly community growth; to regulate the use of buildings, structures and land; to regulate the location, height and arrangement of buildings and structures; to regulate the size and use of lots, yards and other open spaces; to regulate the percentage of a lot which may be occupied by buildings and other land uses and to regulate the intensity of land use. The regulations have ben made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for the particular uses specified and with a view toward conserving natural resources and encouraging the most appropriate use of land throughout the Town consistent with the Master Plan.
§ 165-4 Scope.
A.
Minimum requirements. In interpreting and applying the provisions of this chapter such provisions shall be the minimum requirements for the promotion of the public interest, health, comfort, convenience, safety and general welfare.
B.
Interpretation. The provisions of this chapter shall not be deemed or construed to repeal, amend, modify, alter or interfere with existing provisions of other ordinance or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon a property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the Town is a party. Where this chapter imposes a greater restriction on land, buildings or structures than is imposed or required by such existing provisions of ordinance, ordinances, contract or deed, the provisions of this chapter shall control.
C.
Compliance with other ordinance. Nothing in this chapter shall be construed to authorize the use of lands, buildings and/or structures in violation of this chapter or any other applicable statutes, ordinance or ordinances.
D.
Reference to any portion of this chapter. Whenever reference is made to any portion of this chapter, or of any other ordinance or ordinances, the reference shall apply to all amendments and additions now or hereafter made.
§ 165-5 Existing uses, lots and structures.
A.
At the time of the enactment of this chapter all actual uses, lots and structures in effect in a lawful manner shall remain in effect as long as they do not endanger the health or safety of any resident and no notice of violation is currently pending in respect to same.
B.
Any building for which a building permit has been issued prior to the enactment or amendment of this chapter and erection of which is in conformity with the plans submitted prior to the enactment shall be commenced within 90 days after the effective date of such enactment or amendment. If such building does not conform to the provisions of this chapter, it shall be a nonconforming use.
§ 165-6 Establishment of Zoning Districts, boundaries and map.
A.
Zoning districts established.[1] The Town of Putnam Valley is hereby divided into 10 zoning districts. The use, height, lot and bulk regulations as set forth herein are uniform within each district. The 10 districts established herein shall be known as:
Abbreviated Designation | Zoning District Name | |
|---|---|---|
PD | Preservation District | |
CD | Conservation District | |
R-3 | Low Density Residence District | |
R-2 | Moderate Density Residence District | |
R-1 | Medium Density Residence District | |
LP | Lake Peekskill Residence District | |
CN | Neighborhood Commercial District | |
CC-1 | Community Commercial District -- One | |
CC-2 | Community Commercial District -- Two | |
PC | Planned Commercial Park District |
B.
Zoning Districts Map.
(1)
The location and boundaries of the zoning districts are established as they are shown on the Zoning Districts Map, dated January 19, 2009, as said districts may hereafter be amended by local law, which Zoning Districts Map is signed by the Supervisor and Town Clerk, and which Map and any amendments thereto are hereby declared to be part of this chapter.
[Amended 6-17-2009 by L.L. No. 4-2009]
(2)
Three original, official and identical copies of the Zoning Districts Map are hereby adopted, bearing the signature of the Supervisor and the attestation of the Town Clerk, and shall be filed and maintained as follows:
(a)
One copy is filed with the Town Clerk and shall be retained as the original record.
(b)
One copy is filed with the Code Enforcement Officer and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation in issuing building permits and enforcing this chapter.
(c)
One copy is filed with the Planning Board and shall be maintained up to date by posting thereon all changes and subsequent amendments for observation for Planning Board applications.
(3)
Reproductions of the official Zoning Districts Map, as amended, may be made from time to time for information purposes.
C.
[2]Interpretation of Map. Where uncertainty exists as to the boundaries of any of the aforesaid districts shown on the official Zoning Districts Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the center lines of streets or roads (public or private), road rights-of-way and utility rights-of-way shall be construed to follow such center line.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following Town limits shall be construed as following Town limits.
(4)
Boundaries indicated as following the center lines of creeks, drainage courses or streams shall be construed as following such center line.
(5)
Boundaries indicated as parallel to a water body shall be construed as running parallel to the nearest high-water mark.
(6)
Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the original Zoning Districts Map shall be determined by the scale of the map.
(7)
Whenever any street, paper road or public way is vacated by official action of the Town Board, the zoning district line adjoining each side of such street, paper road or public way shall be automatically extended to the center line of such vacated street, paper road or public way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.
(8)
Where physical features on the ground are at variance with information shown on the official Zoning Districts Map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of the above rules, the property shall be temporarily considered as CD, Conservation District, until such uncertainty is resolved.
§ 165-7 Enforcement; inspections.
A.
This chapter shall be enforced by the Code Enforcement Officer of the Town of Putnam Valley. The Code Enforcement Officer shall have the right to enter the premises in connection with any application hereunder at any reasonable time to assure compliance with the Town Code and the New York State Uniform Fire Prevention and Building Code, until all required certificates of occupancy are issued.
B.
After a certificate of occupancy has been issued, the Code Enforcement Officer shall have the right to enter premises upon receiving information of nonconformance with the Town Code or with the New York State Uniform Fire Prevention and Building Code.
§ 165-8 Certificate of occupancy.
A.
It shall be unlawful to use or permit the use of any building or premises, or any part thereof, hereafter constructed, erected, changed, converted or enlarged, wholly or partially in its use or structure, until a certificate of occupancy shall have been issued by the Code Enforcement Officer. Such certificate of occupancy shall show that, and may be issued only if, such building or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of the building permit and the application therefor and with the provisions of this chapter and the laws of the State of New York. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy within 10 days after a request for the same shall have been filed in the Code Enforcement Officer's office by any owner, after having determined by personal inspection that the building and premises and the proposed uses thereof conform with all legal requirements and conditions.
B.
The Code Enforcement Officer may require a survey showing the location and relation of boundary lines with respect to the proposed building or buildings on the premises, where the same cannot be reasonably determined by inspection, before issuing a certificate of occupancy.