Putnam Valley City Zoning Code
ARTICLE X
Special Permit Uses
§ 165-33 Purpose.
The special permit uses as set forth in this article shall be deemed to be permitted uses in their respective base zoning districts. However, as special permit uses possess certain characteristics which make them incompatible with existing uses, contiguous zoning, permitted uses or future uses, each application for a special use permit shall be considered on its individual merits.
The special permit uses as set forth in this section shall be subject to compliance with the requirements and standards set forth herein in addition to all other applicable codes and requirements. Any law, ordinance or code which is more restrictive than the provisions of this article shall be deemed controlling, unless otherwise specified.
§ 165-34 Application procedures.
Applications for approval of the following special use permits shall be made to the Planning Board:
[Amended 6-5-2002 by L.L. No. 3-2002; 11-17-2004 by L.L. No. 6-2004; 4-19-2006 by L.L. No. 3-2006; 8-19-2009 by L.L. No. 8-2009]
Accessory apartments | |
Adult day care, rest homes, nursing homes, convalescent homes | |
Amusement arcades | |
Antiques stores | |
Artistic studios and galleries | |
Assembly of component parts | |
Athletic, health clubs and health spas | |
Automotive/gas station | |
Automotive rental, repair, sales and detailing | |
Bed-and-breakfast establishments, boardinghouses | |
Camps | |
Catering | |
Child day care, nurseries and preschools | |
Cocktail lounges and bars | |
Commercial kennels and veterinary hospitals | |
Commercial stables and riding academies | |
Community residential facilities | |
Clubs or lodges | |
Communication antennae (excluding ham/amateur radio) | |
Delivery/messenger services | |
Driving ranges (golf) | |
Dry-cleaning establishments (on site/storefront) | |
Educational and philanthropic uses | |
Exterminating services | |
Forest management/timber harvesting | |
Golf courses and country clubs | |
Home businesses or trades | |
Hospitals | |
Hotels, motels and inns | |
Laundromats and laundries (on site/storefront) | |
Photography studios | |
Printing establishments | |
Recreation, sports and entertainment (indoor/outdoor) | |
Research laboratories and facilities | |
Residential above commercial | |
Restaurants, catering establishments (on and off premises) | |
Restaurant, fast-food | |
Roadside stands | |
Sales of construction and building materials | |
Saw mills | |
Schools | |
Shopping centers and mini malls | |
Single-family zero-lot-line | |
Veterinary hospitals |
On application, and after a public notice given at least five days before a public hearing, the Planning Board may authorize the issuance of a permit for any of the special use permits allowed.
The Planning Board may require that a plan of development for a proposed special use permit shall be submitted. If a plan of development is required in a residential area, the provisions of Article IV, Special Provisions for Residential Districts, of this chapter shall apply. If a plan of development is required in a nonresidential area, the provisions of Article V, Special Provisions for Nonresidential Districts, of this chapter shall apply. The Planning Board may also require other pertinent information that may be necessary to determine if the proposed special permit use is in harmony with the intent of this article, is unlikely to result in depressed values of property in the neighborhood and is unlikely to cause or result in any condition which would impair the use of property in accordance with this chapter.
Any data, plans or drawings, including architect's plans, voluntarily submitted by the applicant or the applicant's duly authorized agent in support of the application and not required by this and other applicable sections of this article may be accepted in whole or in part by the Planning Board and made additional requirements and conditions of the permit when granted.
The Planning Board reserves the right to request that additional items be submitted and may impose additional conditions if these additional items and conditions are pertinent to the particular application or will serve to protect the health, welfare and safety of the community.
Applications shall be accompanied by an appropriate fee as established by resolution of the Town Board annually.
§ 165-35 Standards for special use permit.
In granting a special use permit, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience of the public in general.
The special use permits as set forth in this article shall be subject to compliance with the requirements and standards set forth herein in addition to all other applicable codes and requirements. Any local law, ordinance or code which is more restrictive than the provisions of this article shall be deemed controlling, unless otherwise specified.
Except in the case of legal, preexisting nonconforming uses, a special permit use shall conform to the area, yard, lot, coverage and height restrictions of the base zoning district in which it is located, unless otherwise specified.
Where two or more special use permits are applied for on the same premises, the minimum lot area shall be the total of the minimum requirements for each use as specified in this chapter.
Before granting a special use permit, the Planning Board shall have concluded that the proposed special permit use:
Will have adequate off-street parking for the proposed use.
Will be unlikely to cause or result in traffic problems that will imperil public safety.
Will not adversely affect the quantity or quality of the water supply in the neighborhood.
Will not cause a degradation in air quality or of ground- or surface water quality.
Will not create erosion or cause sedimentation or siltation.
Will have adequate screening and landscaping, if appropriate.
Will not create unreasonable noise, glare or other nuisance in the neighborhood.
Will be accessible to emergency services.
Will not create any hazardous condition.
Will be properly maintained after the granting of a special use permit.
Will be certified by the Fire Inspector as being in compliance with fire safety requirements.
Will submit detailed exterior and interior layout plans at the time of application.
Will have New York State, Putnam County Health Department and any other required licenses, permits or approvals.
Will comply with site plan regulations.
Will provide the Fire Inspector with a list of all chemicals and hazardous materials kept on the premises, if any, and any hazard associated with their exposure to heat, fire and water. All public warnings must be posted.
Unresolved violations.[1]
[Added 9-15-2010 by L.L. No. 8-2010]
No application for special use permit approval shall be entertained for a property where a Notice of Violation has been issued under this chapter or any other local law or ordinance of the Town unless the granting of such special use permit application, together with such other approvals as may be required from the Town, will result in the correction of said violation. Unless waived by the Planning Board for good cause shown in writing by the applicant, and except as otherwise stated below, all activities on the site for which special use permit approval is sought shall cease.
The application and permit fees (including, but not limited to, building permits) for those special use permit applications subject to Subsection F(1) above shall be double the fees which would apply to an application for which no Notices of Violation are outstanding.
Prior to Planning Board review of any special use permit application subject to Subsection F(1) above, the property in question shall be stabilized to the satisfaction of the Town Engineer and Wetland Inspector.
[1]
Editor's Note: Former Subsection F, as amended 5-30-2001 by L.L. No. 4-2001, was deleted 6-26-2002 by L.L. No. 7-2002.
§ 165-36 Additional standards for particular special use permits.
Accessory apartments.
Eligibility for conversion. The following criteria shall be applied by the Planning Board in considering the conversion of an existing single-family dwelling to an existing single-family with an accessory apartment.
The Planning Board may consider granting a special use permit for the conversion of a single-family dwelling to a single-family dwelling with an accessory apartment in any residential zoning district, except where enforceable deed covenants prohibit the same.
A special use permit shall not be granted for any parcel with an area of less than 1/2 acre.
A special use permit may be granted for the conversion of a one-family dwelling, provided that the certificate of occupancy was issued at least five years prior to the date of application, and provided that no additional living space exceeding 10% of the prior living space was added within the last five years, and provided that no additions have been made without appropriate building permits.
Conditions for approval.
The owner shall reside in one of the two dwelling units, which shall be the owner's principal residence. The owner's dwelling unit may not be seasonally rented to another person or used for any other purpose.
There shall be no more than two dwelling units on a single parcel of land.
The conversion shall be limited to one building, which shall be the principal building on the property. If an addition is proposed, the addition may not exceed 10% of the square footage of the existing single foundation, and the 10% may not be exceeded while an accessory apartment permit is in effect for the premises. After a special use permit has been granted, no building permit may be issued for additional living space unless a variance has been granted by the Zoning Board of Appeals. Other provisions of this chapter permitting the expansion of nonconforming structures shall not apply to properties with special use permits for accessory apartments.
Smoke detectors shall be hard-lined installed in each dwelling unit, and each detector shall be wired so that all detectors in the structure shall sound when one detector is activated. The Planning Board may require additional fire safety measures recommended by the Fire Inspector.
The accessory unit shall be self-contained, with a separate entrance and separate cooking, sanitary and sleeping facilities for the exclusive use of the occupant(s).
Only one entrance shall be in the front of the building, if practical.
Number of bedrooms:
Where a parcel is one acre or more, the two dwelling units shall not contain a total of more than five bedrooms, unless the existing single-family dwelling has more than five bedrooms and is assessed as such, in which case the existing number of bedrooms may not be exceeded as the total for both units.
On parcels of more than 1/2 acre and less than one acre, the two dwelling units shall not contain a total of more than four bedrooms.
Off-street parking spaces or garages for a minimum of four cars shall be provided and maintained within the applicant's property for the term of the special use permit.
Unless a parcel is served by a year-round central community/municipal water supply and by a central community/municipal sewer system, the following conditions shall be met:
The septic system shall comply with the present requirements of the Sanitary Code of the County of Putnam. Where records are inadequate to demonstrate this compliance, certification of a licensed engineer or architect attesting to said compliance shall be required.
The application shall be accompanied by proof that the septic tank on the premises has been pumped out and cleaned by a licensed septic tank cleaner within the previous 12 months.
The application shall be accompanied by a water quality report attesting to a satisfactory potable untreated water sample. The water sample shall have been collected and analyzed by an accredited laboratory, and the analysis shall include testing for disinfectants as well as coliform bacteria.
No part of any septic system shall be located within the controlled area of any lake, pond, stream, brook or source of water supply.
No home business or trade or any other nonresidential use shall be permitted in either dwelling.
The accessory unit shall not endanger the health, safety or general welfare of the community.
Term of accessory apartment temporary special use permits.
[Amended 6-26-2002 by L.L. No. 7-2002]
A special use permit shall be granted for a period of three years and may be renewed every three years thereafter.
A temporary special use permit for an accessory apartment and any renewal of such permit shall terminate on the transfer of title to the premises or upon the failure of the permittee(s) to continue to occupy the premises as a principal residence.
Upon the transfer of title of a residence whose previous owner held a valid special use permit, the permit shall terminate. Thereafter, the tenant shall have 90 days to relocate. The second kitchen shall be removed by the owner within 60 days after the tenant leaves, and the house shall revert to single-family status. Should the new owner intend to live in the structure and to continue to maintain a second dwelling unit therein, the new owner shall apply to the Code Enforcement Officer for a special use permit within 90 days of the transfer of property. The Code Enforcement Officer may issue a new permit as if it were a renewal of an existing permit without interruption.
Renewal of temporary special use permits.
At least 30 days prior to the expiration of the special use permit, the owner shall apply to the Code Enforcement Officer for renewal of the permit, which the Code Enforcement Officer may grant, provided that:
The Inspector finds that the owner has continued to adhere to every required condition laid down in the granting of the expiring permit.
The applicant has submitted a satisfactory water quality test performed in the same manner as the initial testing required.
The applicant has submitted proof that the septic tank on the premises has been cleaned by a licensed septic tank cleaner during the term of the expiring permit, and the Code Enforcement Officer has found no evidence of a defective septic system.
Where an owner fails to apply for a renewal or, in the case of a transfer of property, the new owner fails to apply for a new permit within the time limits specified herein, the special use permit shall terminate, and any new application for a special permit on the same premises shall conform to all conditions set forth in this article for an original application.
Adult day care, nursing homes and rest homes.
The lot area shall be a minimum of five acres with a minimum frontage applicable to the specific base zoning district but in no case less than 100 feet of road frontage.
The maximum total coverage of all principal and accessory buildings combined shall not exceed 15% of the total area of the lot.
A minimum distance of 60 feet shall be provided between all buildings as measured from the points where such buildings are nearest to one another.
There shall be provided a minimum of 1,600 square feet of lot area for each patient bed.
All facilities shall be accessible to the physically challenged.
The facility shall be operated in full compliance with all requirements of the State of New York.
A special use permit for an adult day care, nursing home or rest home shall be valid for a period of four years.
[1]Antiques stores.
The Planning Board may restrict outdoor display of merchandise.
No furniture stripping shall be permitted on the premises.
Athletic clubs, health clubs and health spas.
A detailed exterior and interior layout plan shall be submitted at the time of application.
A schedule of activities and maximum capacities must be submitted at the time of application.
Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances.
Demonstration by the applicant that the club and/or spa will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development, and the proposed site is adequate in size for the use.
Bed-and-breakfast establishments and boardinghouses.
A detailed exterior and interior layout plan shall be submitted at the time of application.
Bed-and-breakfast establishments and boardinghouses in residential zoning districts may display an advertising sign in conformity with Article XII of this chapter.
Putnam County Health Department and any other required licenses, permits or approvals.
A special use permit for a bed-and-breakfast establishment or boardinghouse shall be valid for a period of four years.
Camp.
Any camp shall have a minimum size adequate for the facilities proposed.
No building, structure, temporary shelter, parking or loading area shall be located within 200 feet from any street or adjoining property line.
In order to minimize noise, the Planning Board may require buffers around property lines and landscaping or sound-absorbing structures.
Catering. See "restaurants, general/fast-food."
Child day care, nurseries and preschools.
Child day care, nurseries and preschools shall be duly licensed as required by the State of New York and the County of Putnam.
Such facilities shall include an outdoor play area of a size, design and location suitable for the specific use of and for the number of children attending the facility.
A special use permit for child day care, nurseries and preschools shall be valid for a period of four years.
Cocktail lounges and bars. The Planning Board may restrict hours of operation and hours of entertainment in a cocktail lounge or bar.
Commercial kennels.
Commercial kennels are permitted, provided that the runs are a minimum of 400 feet from any property line.
Runs or pens shall be a minimum of 200 feet from any watercourse, body of water, wetland or source of drinking water.
The Planning Board may require the planting of vegetation or the erection of sound-absorbing structures to minimize any noise nuisance in the neighborhood.
A special use permit for a commercial kennel shall be valid for a period of four years.
Commercial stables and riding academies.
Commercial stables and riding academies are permitted, provided that such use is on a lot that is two times the area required in the base zoning district.
No building or pens for the housing of livestock are located within 100 feet of any property line, street line, body of water, watercourse, wetland or drinking water source.
Lot coverage of all structures shall not exceed 10% of the lot with the exception of the Preservation District (PD) where the lot coverage of all structures shall not exceed 2% of the lot.
Communication tower (excluding ham/amateur radio).
The location and construction of any communication tower shall be such as not to endanger the public or surrounding property. A right-of-way of sufficient width shall be required to permit the safe construction and maintenance of the antennae line and to prevent any hazard to the surrounding property.
Suitable fencing or landscaping around the tower base may be required when, in the opinion of the approving authority, it is necessary to protect the public or conserve the values of surrounding property.
Said facility shall comply with all setback regulations for a principal structure.
No tower, excluding ham/amateur radio, shall exceed 100 feet in height, except when the required front, rear and side setbacks are each increased by two feet for each one foot of the antennae excess.
Community residential facilities. In accordance with the purposes of this article and in furtherance of the policy of the State of New York to deinstitutionalize those who cannot be cared for in their natural homes by placing them in small, dispersed group-living facilities, which are designed to give an outwardly similar appearance to other family dwelling units in the community, the following special use permit regulations shall be applied:
Said facility shall be set up in size, appearance and structure to bear the general character of a family unit in a relatively permanent household. As such, it shall not permit transients or transient living, nor shall it be established in an institutional-type arrangement. Said facility shall be headed by a full-time sleep-in householder or householders, who provide on-site supervision for the residents and any other supervision provided by applicable law or governmental regulations.
Said facility shall have a maximum occupancy of 14 persons, excluding full-time, sleep-in householders(s) or supervisors.
For purposes of furthering the state's dispersal and deinstitutionalization policy, to prevent the concentration of community residential facilities in any one area and to preserve the social as well as the physical character of the residential living environment of the town, no community residential facility shall be established if any portion of the lot in which said facility is situated is within 2,000 feet of any portion of any other lot whether said lot is within or without the Town of Putnam Valley, on which another group-living type use is situated. Moreover, in no event shall more than one such facility be located in any structure or in any group of structures on a given lot.
Said facility shall conform with and shall be maintained in accordance with the overall character and appearance of the surrounding residential area. No sign that advertises the use or occupancy of said home shall be erected.
Any applicant for a special use permit for a community residential facility shall submit the following information to the Planning Board along with the application for the special use permit:
The governmental authorization to operate said facility.
A description of the proposed facility, the number of and approximate ages and, if applicable, the disability of persons to be accommodated and the number and qualifications of resident adult supervisory personnel.
A vicinity map indicating the location of the proposed facility in relation to other existing community residential facilities or other similar types of care facilities within a radius of one mile of the subject site, as made after reference from and a review of the Code Enforcement Officer's registry of community residential facilities.
The Code Enforcement Officer shall maintain an up-to-date register of all community residential facilities in the town.
Any change in the nature, size or type of the operation of any approved facility shall be subject to a complete new application for a special use permit, in accordance with the same standards and procedures as required for the original application.
A special use permit for a community residential facility shall be valid for a period of four years.
Delivery/messenger service. There shall be a sufficient portion of the lot area devoted to on-site parking and loading facilities.
Driving ranges (golf).
Any golf driving range shall have a minimum size of 15 acres.
No building, structure or temporary shelter shall be located within 100 feet from any street or adjoining property line. Golf tees shall be located no less than 100 feet from the project property line.
No storage of fertilizer shall be within 100 feet of any street line or property line or within 100 feet from any body of water, watercourse, wetland or drinking water source.
Suitable screening, landscaping or fencing shall be provided to protect adjacent properties from physical damage, noise, glare of lights or other similar nuisances.
On-site dry-cleaning establishments.
The applicant shall submit the following information: cleaning process to be done on site, cleaning process to be done off site and storage of chemicals to be used on site.
The applicant shall also submit details on estimated water usage, water conservation measures, water purification and disposal of waste.
The Code Enforcement Officer must, as part of the special use permit conditions, require yearly reviews of the dry-cleaning establishment operations.
A special use permit for a dry-cleaning establishment shall be valid for a period of four years.
Storefront dry-cleaning establishments. Any on-premise dry cleaning shall result in the immediate suspension of a special use permit pending a public hearing on its revocation.
Educational or philanthropic uses by nonprofit organizations and houses of worship.
[Amended 4-19-2006 by L.L. No. 3-2006]
Such use shall be located on a lot having an area that is at least two times the minimum lot area in the base zoning district.
Recreation areas may be required based upon the nature of the school and the ages, needs and numbers of the students.
Setbacks greater than those in the base zoning district may be required.
Special attention shall be paid to internal traffic controls, vehicular circulation and to the hazards created by the movement of school buses.
The total lot coverage of all buildings shall not exceed 15% of the lot area.
Exterminating services.
Applications for a special use permit shall be accompanied by complete plans for the safe storage of chemicals to be used.
A complete listing of all chemicals stored on the premises and any hazards associated with their exposure to heat, fire or water shall be kept on file in the office of the Fire Inspector.
Forestry management and timber harvesting. Special conditions for forestry practices and timber management are as laid down in Chapter 140, Forestry, of the Code of the Town of Putnam Valley.
Golf courses and country clubs, including driving ranges, recreational facilities and accessory buildings:
No building, structure, temporary shelter, parking or loading area shall be located within 200 feet from any street or adjoining property line. Golf tees shall be located no closer than 100 feet from the project property line.
No fertilizer shall be stored within 100 feet of any street line or property line or within 100 feet from any body of water, watercourse, wetland or drinking water source.
The clubhouse shall be subject to a site plan and architectural review and shall be compatible with the surrounding area.
The maximum coverage of the site by all buildings or structures shall be no greater than 5% of the gross site area, except in Preservation (PD) District.
There shall be no more than one sign facing each public street, announcing the name of the facility. Such sign shall be nonmoving and, if lighted, shall be indirectly lit.
Home business or trade.
Home business or trade shall occupy not more than 25% of the floor area of the principal structure on the site.
Merchandise, products and other materials shall not be stored or displayed outside.
Home business or trade shall be incidental to the residential use of the premises and shall be carried on by a resident therein with not more than three nonresident assistants.
Home business or trade shall not create noise, dust, odors, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which such home business or trade is situated, nor create any electrical disturbance adversely affecting the operation of any equipment located in any dwelling unit or on property not owned by the person conducting such home business.
No more than two commercial vehicles may be parked or stored on the premises and shall be garaged or screened from the property lines. However, if such storage will not detract from the residential character of the neighborhood, the Planning Board may permit the parking or storage of a greater number of commercial vehicles.
Home business or trade shall be permitted without a special use permit, provided that all of the following conditions are met:
Hospital.
No hospital shall be operated within the Town unless it is in full compliance with all of the requirements of the State of New York.
Special attention shall be paid to internal traffic controls, vehicular circulation, delivery entrances and to the hazards created by the movement of emergency vehicles.
A plan for the disposal of all hospital waste shall be submitted to the Planning Board, which may require regular reports of its continued compliance with the approved plan.
Hotels, motels and inns.
Hotels, motels and inns are permitted for the accommodation of transient overnight guests for stays of not more than 30 consecutive days.
The owner or operator shall hold a valid license issued annually by the Town Clerk and shall be in full compliance with the regulations of the Putnam County Department of Health.
A detailed exterior and interior layout plan shall be submitted at the time of application.
On-site laundromats and laundries.
The Planning Board may require well-yield testing to demonstrate the availability of adequate water supply and ensure that water usage and disposal by the proposed facility will not adversely impact the water supply of water users in the vicinity.
The Planning Board may limit the hours of operation.
Storefront laundromats and laundries. Any on-premises dry cleaning or laundering shall result in the immediate suspension of a special use permit pending a public hearing on its revocation.
Photography studios and printing establishments.
An application for a special use permit for a photography studio or printing facility shall be accompanied by full disclosure of the anticipated use of toxic substances and solvents in the operation as well as a plan for their disposal.
The Planning Board may limit the hours of operation of a printing establishment.
Recreation, sports and entertainment facilities.
In order to minimize noise, the Planning Board may require buffers around property lines and landscaping or sound-absorbing structures.
Trails or racing tracks for motorized vehicles of any kind are prohibited.
"War games" are prohibited. Paintball and airsoft activities are permitted with special use permit on parcels that are a minimum of 10 contiguous acres in size, excluding Town wetlands or sensitive habitat areas.
[Amended 10-19-2022 by L.L. No. 5-2022]
Research laboratories and facilities.
The Planning Board may require well-yield testing to demonstrate the availability of adequate water supply and ensure that water usage and disposal by the proposed facility will not adversely impact the water supply of water users in the vicinity.
An application for a special use permit shall be accompanied by full disclosure of the anticipated use of toxic substances and solvents in the operation as well as a plan for their disposal.
A complete listing of all chemicals stored on the premises and any hazards associated with their exposure to heat, fire or water shall be kept on file in the office of the Fire Inspector.
General and fast-food restaurants.
The Planning Board may limit the hours of operation and the hours of entertainment of any restaurant located in a residential zoning district.
Restaurants shall be certified by the Fire Inspector as being in full compliance with firesafety regulations.
The applicant shall submit a plan for the maintenance and disposal of all waste.
Roadside stands.
The Planning Board may require the removal of roadside structures when not in use.
The location of a roadside stand shall not create traffic hazards, shall have adequate sight distance and shall allow adequate and safe parking for customers on the site.
A special use permit for a roadside stand shall be valid for a period of four years.
Sales of construction and building materials.
The outdoor storage area shall not be located within 20 feet from any residence.
Material stored outdoors shall not be stored more than 15 feet high.
Schools and educational institutions.
Schools shall be certified by the Fire Inspector as being in compliance with firesafety regulations.
Recreation areas may be required based upon the nature of the school and the ages, needs and numbers of the students.
Setbacks greater than those in the base zoning district may be required.
Special attention shall be paid to internal traffic controls, vehicular circulation and to the hazards created by the movement of school buses.
New York State and Putnam County Health Department's approval and other required licenses.
Veterinary hospitals.
Veterinary hospitals are permitted, provided that the runs or pens are a minimum of 400 feet from any property line.
Runs or pens shall be a minimum of 200 feet from any watercourse, body of water, wetland or source of drinking water.
The Planning Board may require the planting of vegetation or the erection of sound-absorbing structures to minimize any noise nuisance in the neighborhood.
New York State, Putnam County Health Department and other required licenses, permits or approvals shall be required.
A plan for the disposal of all hospital waste shall be submitted to the Planning Board, which may require regular reports of its continued compliance with the approved plan.
§ 165-36.1 Short-term transient rentals (STRs).
[Added 11-15-2023 by L.L. No. 3-2023; amended 4-16-2025 by L.L. No. 1-2025]
Purpose.
With the increase in tourism over the past several years in the Town of Putnam Valley and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short-term transient basis. Many residents list their properties as short-term transient rentals on web-based booking sites. Short-term transient rentals (STRs) offer benefits to property owners and residents in the Town such as increased income; however, STRs also create potential health, safety, and quality of life detriments to the community. In recognition of the widespread popularity of STRs and in recognition that many such rentals are already operating in the Town, the purpose of this section is to regulate the safety and use of STRs in line with the goals of the Town Comprehensive Plan.
The following section imposes mandatory regulations and requirements on all Town of Putnam Valley property owners that rent or propose to rent their property on a short-term transient basis. The purpose of such regulations and requirements is to assure that the properties being rented meet certain minimum safety and regulatory requirements which are proportional to those imposed on similar uses such as bed-and-breakfasts, inns, motels, and hotels; thereby protecting the property owners, the occupants of such housing and the residents of the Town of Putnam Valley.
Authorization. This section is adopted in accordance with Article 16 of the Town Law of the State of New York which grants the Town of Putnam Valley the authority to enact local laws for the purpose of promoting the health, safety, and welfare of the Town, and in accordance with Municipal Home Rule Law, Article 2, § 10, that gives the Town of Putnam Valley the power to protect and enhance its physical environment. The Town Board authorizes the Planning Board of the Town of Putnam Valley to issue special use permits to property owners to use their properties as STRs per the provisions of this section. The Building Department may, thereafter, issue STR permits for such approved uses. Applications for a permit to operate an STR shall be processed under the procedures set forth in the Zoning Code and this section.
Zoning. The STR use of a property shall only occur as an accessory use to an existing or proposed single-family in the R-1, R-2, R-3, LP and CD Zoning Districts, subject to a special use permit issued by the Planning Board and an STR permit. No STR use may occur on a vacant parcel.
Density. Where the parcel is located, unless they are preexisting nonconforming structures, new short-term rental units shall meet density and setback requirements for the zoning district.
Prohibitions. The following parcels shall be prohibited from being issued permits to operate short-term transient rentals.
Definitions. As used in this section, the following terms shall have the meanings indicated:
The place, means, or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property, structure, or use.
The use of a property as a site for sleeping outside; or the parking of travel trailers or similar equipment, the erection of tents or other shelters, to serve as temporary residences.
The number of individual dwelling units per unit of land.
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
A short-term transient rental, as defined herein, which is lawfully in operation as of December 31, 2023.
A set of rules that applies to renters of STRs while occupying the unit.
The person specifically named on the application and permit that is responsible for the day-to-day operation of the STR, and who may be contacted, day or night, if there is a problem at the STR. The local manager may be either the owner or an agent of the owner. The local manager must reside within 30 miles of the Town of Putnam Valley Town Hall.
A short-term transient rental not in operation prior to December 31, 2023.
An STR unit that does not qualify as owner-occupied.
An STR unit that is the primary residence of the owner for at least 180 days in the calendar year, or the owner is present in the dwelling or is present on the same parcel while the residence is being used as a short-term rental.
A person's domicile where they usually live in the Town of Putnam Valley, whether on a full-time or part-time basis for at least 180 days in the calendar year, typically a house including any habitable accessory structures on the same property.
An agreement granting use or possession of a residence, in whole or in part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration.
An STR in a primary residence, as defined above, that is being occupied in part by the owner and in part by STR guest(s), simultaneously.
An STR in a dwelling unit that is being occupied entirely by STR guests for the rental duration.
An attached or detached secondary residential dwelling unit that shares the building lot of a larger, primary home, including having separate cooking and sanitary facilities.
The use of a parcel for the rental or lease of any or part of any residential use single-family dwelling unit for a period of less than 30 days. The STR may occur within an entire dwelling, in rooms within a dwelling, or in a separate attached or detached dwelling unit or units on the parcel, but shall not include camping. Motels, hotels, resorts, inns, and bed-and-breakfasts, as defined in this chapter, are excluded from this definition.
Dwelling units or rooms used as STRs.
An interior room other than a bedroom, as defined under the New York State Uniform Fire Prevention and Building Code, that may serve to afford sleep to a person; however, sleep shall not be the primary function of the room. Examples include, but are not limited to, a living room, family room, den or great room which may be furnished with a futon, convertible couch, or other sleeping surface. All sleeping rooms shall meet New York State Uniform Fire Prevention and Building Code mandates for bedrooms (i.e., size, ceiling height, access, egress, lighting and ventilation, electrical outlets, heat, and smoke and carbon monoxide alarms).
A parcel of land which does not contain a residential dwelling unit.
Applicable law.
All property owners desiring to operate an STR must comply with the regulations of this section. However, nothing in this section shall alter, affect, or supersede any regulations or requirements of the Town of Putnam Valley Zoning Code, any regulations or requirements imposed by the County of Putnam, or any state or federal regulations or requirements, and all property owners must continue to comply with such regulations or requirements. Any conflict between this section and any other regulations or requirements of the Town of Putnam Valley Code shall be resolved in favor of the more stringent of such regulations or requirements.
Except as temporarily provided herein for existing STRs, no operation of an STR unit shall occur except pursuant to a valid special use permit issued by the Town of Putnam Valley Planning Board and an STR permit issued by the Building Department. Such STR permits shall be valid for a three-year period, subject to annual fire and safety inspection.
Ownership of properties.
Properties must be owned by an individual, individuals, sole proprietorship, general partnership, limited-liability partnership, or a limited-liability company. No property owned by a corporation or other business entity shall qualify for a permit.
A general partnership, limited-liability partnership or a limited-liability company must disclose names of all partners and/or members when applying. Any changes in partners and/or members shall be provided to the Building Department within 30 days of change.
No owner entity composed of similar individuals, partners and/or members may hold permits for more than three properties at any given time, one owner-occupied and two non-owner-occupied STR in order to allow equitable distribution of short-term rental special use permits. Only one permit per property is allowed at one time.
Designation of STR properties. All short-term transient rentals shall be designated as owner-occupied, or non-owner-occupied, as defined herein.
Grace period. At the time of adoption of this section allowing short-term rentals, a property owner operating an existing short-term rental without a permit may continue to operate a short-term rental provided that the property owner shall submit an application for a short-term rental permit within three months from the date of adoption. Any property owner operating a short-term rental after this time period without having submitted an application for a short-term rental permit shall be in violation of these regulations and shall immediately cease such operations until such time that a short-term rental permit is issued.
To be an existing STR, property owners must provide proof of operation of an STR prior to December 31, 2023.
Fee. A nonrefundable STR permit application fee and inspection fee shall be established by resolution of the Town Board for each dwelling unit that functions as or contains a short-term transient rental unit. Such permit fee shall be submitted with each new application and each triennial renewal application. A separate fee shall be submitted for an annual fire safety inspection of each permitted STR.
The Town Board may, by resolution, set a maximum number of short-term rental permits allowed during any given period in order to protect the health, safety and welfare of the citizens in the Town. The maximum number (cap) may be reviewed at any time at the discretion of the Town Board.
Application forms. Application forms for an STR permit shall be developed by the Building Department.
Applicants for an STR permit must file a separate application and tender a separate application fee and obtain a separate permit and inspection for each dwelling unit which contains or functions as a short-term transient rental.
Application process. The initial application to operate a short-term transient rental shall be submitted to the Building Department for a special use permit. Notification of the application shall be sent to neighbors within 200 feet of the property upon the Building Department's referral of a complete application to the Planning Board.
The application shall include the following, in addition to any other information required for a special use permit application pursuant to Town Code Chapter 165, Article X, Special Permit Uses:
Contact information. The names, addresses, email address(es) and day/night telephone numbers of the property owners and local managers shall be included on the application.
Designation of the STR as owner-occupied or non-owner-occupied, as defined herein.
Designation of the STR as rented in part and/or rented in whole, as defined herein.
Hosting platform information. The applicant shall provide the names and URLs for all hosting platforms or other advertising platforms, such as but not limited to AirBnB, VRBO or other hosting websites; and Facebook, Instagram, or other social media postings used by the applicant for advertisement of the short-term transient rental unit. Any changes or additions to the listed hosting/advertising platform shall be reported on the applicant's renewal permit.
Parking. The number of off-street parking spaces to be provided shall be stated on the application. Off-street parking shall be provided to accommodate the occupancy of the short-term transient rental unit, one parking space for each sleeping room in the dwelling plus other parking as may be required by § 165-35E(1). Vehicles shall not be parked on front lawns. There shall be no on-street parking allowed, unless permitted by local traffic control signage. No parking shall be allowed outside of the parking spots designated and detailed on the permit.
Maximum occupancy. The maximum desired occupancy by the operator shall be stated on the application. The Code Enforcement Officer shall establish the maximum occupancy. The Code Enforcement Officer shall limit the number of occupants based on the number, size, configuration, and furnishings of the bedrooms and/or sleeping rooms, and per the provisions of the New York State Uniform Fire Prevention and Building Code.
Water and septic. The source of the water supply shall be stated on the application and the permit. The septic system shall be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation as determined acceptable to the Planning Board, indicating that the septic system is found to be currently working properly and is adequate for the short-term transient rental maximum occupancy. Applications shall indicate compliance with Chapter 90 (Septic Systems) and shall include the latest pump-out date of the septic tank.
Fire safety. Documentation of location and existence of fire safety devices in compliance with the New York State Uniform Fire Prevention and Building Code.
Description. State the occupancy of each bedroom and sleeping room, and the methods of ingress and egress (examples: doors and windows) shall be included with the application. No kitchen or bathroom shall be occupied for sleeping purposes.
Plat. The applicant shall submit an aerial plat of the property showing approximate property boundaries and existing features, including buildings, structures, well, septic system, parking spaces, firepits/outdoor fireplaces, driveways, streets, streams and other water bodies, and neighboring buildings within 100 feet of the short-term transient rental unit. This does not need to be a survey. This is easily obtained free of charge from many online sources.
Garbage removal. The applicant shall state how garbage is to be removed from the property. The applicant is responsible for all refuse and garbage removal. The applicant shall be responsible for either a) contracting with a refuse company; or b) the owner or property manager shall remove garbage on a weekly basis. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the plat submitted with the application.
House rules. The applicant shall submit a copy of the house rules. (See below Subsection U for required house rules.)
Jurisdiction. If a property owner does not reside within 30 miles of the Town of Putnam Valley Town Hall, then they must designate the local manager as an agent.
Inspections.
Annually, each approved STR shall be inspected by the Code Enforcement Officer or Fire Inspector to determine compliance with the New York State Uniform Fire Prevention and Building Code. Inspections shall be done for the initial permitting and annually, thereafter.
All STR units must comply with New York State Building Code requirements and shall have no open violations. No initial or renewal permit shall be issued without compliance with the elements of the submitted application.
The entire building involving an STR must be inspected. This includes all owner-occupied spaces in buildings where an STR unit is located. Those owner-occupied spaces shall be in compliance with the Property Maintenance Code of New York State related to interior and exterior spaces and fire safety.
Application review. Upon receipt of the application and fee, the Building Department shall confirm that the application is complete and refer the application to the Planning Board. The Planning Board shall collect a special use permit fee as established by the Town Board from time to time by resolution and shall determine if the applicant has complied with all the requirements of this section, the Zoning Code, as well as any applicable federal, state, county, or local laws. If the applicant has fully complied, then the Planning Board, after holding a public hearing, may issue the property owner a special use permit for an STR. Based on the approval of such special use permit, the Building Department may issue a renewable STR permit so long as initial fire safety and property maintenance inspections have been completed and approved and all fees are paid. No STR permit shall be issued until inspection is completed by the Building Department.
The Planning Board should determine whether screening of the STR unit is appropriate on a case-by-case basis. The Board is hereby empowered to require suitable and reasonable screening, through landscaping or fencing, as a condition of approval for the special use permit.
Renewal permits. Property owners with STR permits shall submit to the Town of Putnam Valley Building Department a triennial renewal permit application with any changes to the original STR permit, together with such additional documentation as determined by the Code Enforcement Officer, all of which will be on forms prescribed by the Building Department, along with the current renewal application fee. Renewal applications shall be subject to the cap as determined by the Town Board and will be processed on a first-come-first-served basis. Permit holders shall be able to apply for renewal permits beginning October 1 through December 1. The Code Enforcement Officer may deny a renewal application based on noncompliance of the regulations contained in this section or upon failure of the annual fire safety inspection in any aspect of that inspection. An applicant may appeal the denial to the Zoning Board of Appeals.
General permit regulations.
STR permits shall be valid for three years.
An STR permit will expire on the date of issuance in the third calendar year after issuance.
The Town of Putnam Valley Town Board reserves the right to set a cap for the maximum number of STR permits to be issued by the Building Department in order to ensure the equitable distribution of STR permits and to protect the public's health, safety and welfare. The Town Board may review that cap at its discretion and revise it as needed to protect the interests of the Town.
Copies of the STR permit must be displayed in the dwelling unit in a place where it is easily visible to the occupants.
STR permits may not be assigned, pledged, sold, or otherwise transferred to any other persons, businesses, entities, or properties. If an STR property is sold or otherwise transferred, the new owner must apply for and obtain an STR permit in their name prior to any use of the property as an STR by the new owner. Buyers under contract for the purchase of an STR property may apply for an STR permit as a prospective owner in the same manner as set forth herein, with issuance of the permit conditioned upon the buyer's closing of title to the property.
All short-term rental properties shall have posted on or about the inside of the front or main door of each dwelling unit a card listing emergency contact information. Such information shall include, but not be limited to, the name, address, email, and phone numbers of the building owner, if local, or of a local manager and instructions on dialing 911 for emergency/fire/ambulance assistance. A local manager shall be able to respond in person within one hour.
Exterior advertising signs are prohibited except an STR may have one nonilluminated accessory use freestanding or wall sign not to exceed four square feet in area to identify the STR.
No camping shall be allowed on properties with STR permits.
House rules.
All short-term rental properties shall post for renters of each dwelling unit or rooms a listing of house rules. House rules shall incorporate, but not be limited to, the following:
An emergency exit egress plan.
The location of fire extinguishers.
Identify the property lines and a statement emphasizing that unit occupants may be liable for illegal trespassing.
Identify the procedures for disposal of refuse/garbage.
If allowed by the property owner, specify outdoor fires shall be made solely within a fireplace or fire pit in accordance with all New York State burning regulations.
If allowed by the property owner, instructions for fires in fireplaces or wood stoves. If not allowed by the property owner, a statement stating as such.
Short-term transient rentals shall not be permitted to be used for any commercial use or commercial event space.
No outdoor camping shall be allowed.
Parking shall be allowed solely in the designated parking spaces.
If the property has a pool, hot tub or other swimming or bathing appurtenance (hereafter: "pool"), a clear list of requirements related to use of the pool, including explanation of the use of the required barrier, barrier latches, alarms, electrical disconnect, etc. Further, the property owner will place a sign in each location leading to the pool that the property requires a "water watcher," a responsible adult to supervise the pool while it is in use and to be responsible for assuring that the barrier requirements are in place at all times.
Complaints, enforcement and violations.
Complaints regarding the operation of an STR shall be in writing to the Code Enforcement Officer.
Noise complaints should be made to the Putnam County Sheriff's Department.
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer in accordance with Zoning Code § 165-91.2. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.
Notices required by this section shall be issued by the Code Enforcement Officer in accordance with Zoning Code § 165-91.2.
No renewal permit shall be issued until a notice of violation issued by the Code Enforcement Officer is resolved.
If the landowner does not comply with the specified corrective action by the date given by the Code Enforcement Officer, the Code Enforcement Officer may revoke the STR permit. This determination shall be reviewable by the Zoning Board of Appeals after a public hearing.
The owner of a property in violation of this section, referenced sections, or any other building code requirement shall be subject to enforcement and fines under the Zoning Code, Chapter. 165.
§ 165-37 Duration of special use permits.
Special use permits may terminate with any change of use, expansion of use, failure to abide by the conditions of the special use permit or misrepresentation on an application.
Temporary special use permits shall terminate upon any transfer of the property to a new owner or lessee, a violation of terms of the permit or upon any change of use. Temporary special use permits shall be limited as follows:
[Amended 6-26-2002 by L.L. No. 7-2002]
A special use permit for an accessory apartment shall be valid for a period of three years.
Other special use permits granted for a particular operation shall terminate at the completion of the operation or upon expiration of the permit. Such limitation shall be specified as a condition of the special use permit.
Renewal of temporary special use permits. No less than 30 days prior to the expiration of a temporary special use permit, the permit holder shall make application to the Planning Board for a renewal. Where the applicant is in full compliance with the previously approved conditions, including the standards in § 165-35 of this article, the permit shall be renewed. Where the Code Enforcement Officer finds that the applicant is not in compliance with those decisions, the application shall be referred to the Planning Board for review.
Revocation of a special use permit. Upon notice of violation issued by the Code Enforcement Officer, the holder of a special use permit may remedy the violation within a period of 30 days, request a hearing before the Planning Board or forfeit the special use permit which shall become null and void.
