Putnam Valley City Zoning Code
ARTICLE XV
Property Maintenance
§ 165-64 Purpose and intent.
Structures and properties shall be maintained in conformity with the standards in this article so as to assure that no structure or property will adversely affect public health, safety and welfare of the community or neighborhood.
§ 165-65 Prohibited uses.
A.
It shall be prohibited to use for sleeping purposes any kitchen or nonhabitable space.
B.
It shall be prohibited to prepare meals in units which have no kitchen or kitchenette.
C.
It shall be prohibited to use any cellar space as habitable space.
D.
Offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects shall be prohibited.
§ 165-65.1 Retail sale or distribution of marijuana.
[Added 10-7-2020 by L.L. No. 2-2020; 10-7-2020 by L.L. No. 3-2020]
A.
Legislative intent. The Town Board has recognized that several states, in addition to permitting the distribution of medical marijuana, have also permitted the distribution of marijuana for recreational purposes. The Town Board also recognizes that the legalization of marijuana in New York is a subject of current discussion and community forums organized by the state, and that the New York State Commissioner of Health has recommended that the recreational use of marijuana be considered for legalization in New York. A public hearing has been held before the Town Board, and the Town Board has found that Town residents are greatly concerned about the retail sale of marijuana in the Town if it should become legal in New York. Accordingly, it is the intent of the Town Board to prohibit the use of any building, structure or premises for the sale or distribution of marijuana in all zoning districts.
B.
Prohibitions.
(1)
No building, structure or premises approved and licensed as a medical marijuana facility pursuant to Article 33 of the New York Public Health Law may be used for the sale of any product containing tetrahydrocannabinol (THC) other than lawfully prescribed and dispensed medical marijuana for medical conditions.
(2)
Except for duly registered marijuana dispensing facilities dispensing duly prescribed medical marijuana, no building, structure or premises within any use district in the Town of Putnam Valley may be used for the sale or distribution of marijuana and/or substances containing THC, including but not limited to marijuana, cannabis vaporizers, cannabis tea, cannabis edibles, cannabis capsules, oils, and creams (marijuana products).
§ 165-66 Exits.
A.
Safe, continuous and unobstructed exits shall be maintained from the interior of a building or structure to the exterior at a street, or to a yard, court or passageway leading to a public open area.
B.
Nothing shall be placed, accumulated or stored on a premises which will obstruct egress from stairways, passageways, doors, windows, fire escapes or other means of exit.
C.
In multiple dwellings, exits, including vestibules, passageways, corridors and hallways, but excluding fire escapes, shall be lighted with natural or electric light at all times, so as to afford safe passage.
D.
Stairways shall have handrails on at least one side.
E.
Fire escapes shall be maintained free of encumbrances.
F.
Vending machines and other equipment or materials shall not be located in lobbies, corridors or passageways if they constitute a fire hazard or interfere with the exit facility.
§ 165-67 Exterior lighting.
Required exterior lighting shall be maintained in operating condition.
§ 165-68 Exterior protection.
[Added 2-17-2010 by L.L. No. 3-2010]
A.
Exterior walks, driveways, parking spaces, stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition and free of obstruction so as to afford safe passage.
B.
Graffiti shall be removed and the affected area repainted and/or restored to its former condition within 10 days following written notification from the Code Enforcement Officer.
§ 165-69 Railings and parapet walls.
Railings or parapet walls shall be provided at open sides of balconies, mezzanines, porches, accessible roofs, passageways, motor vehicle parking decks and ramps and around floor openings.
§ 165-70 Garbage and refuse; storage containers.
A.
Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse.
B.
The accumulation or storage of garbage or refuse in public halls or stairways shall be prohibited.
C.
Storage containers.
[Added 12-14-2011 by L.L. No. 4-2011]
(1)
"Storage container," as used herein, refers to containers which are designed to receive solid waste and which, when loaded, are transported by truck to disposal facilities.
(2)
It shall be unlawful to place or maintain on any lot one or more storage containers unless said containers are employed solely for the collection and disposal of household furniture and furnishings, construction debris and/or yard waste generated by the lot upon which said container(s) is(are) located.
(3)
No such storage container(s) may remain on any lot for a collective period of 30 or more days in any ninety-day period.
(4)
Upon written notification of the Code Enforcement Officer that a storage container is needed for a permitted purpose for more than 30 days in any ninety-day period, the storage container may remain for a maximum of 60 days within such period, provided that such written notification is given within the initial thirty-day period.
§ 165-71 Storage of junk.
No person shall store, keep or maintain junk on property unless one of the following conditions is met:
A.
The junk is completely screened from view.
B.
The junk is temporarily stored to facilitate collection by a municipal or licensed carter, authorized salvage dealer or collector of recyclable materials for a period not to exceed seven days prior to the collection and removal of said junk or for a period established in garbage district regulations, whichever is greater.
§ 165-72 Unregistered vehicles.
In any district not more than one unregistered motor vehicle may be stored in a rear yard, and no unregistered vehicle shall be stored in any front or side yard.
§ 165-73 Performance standards.
The following performance standards shall apply to all uses of land, structures and parking facilities and shall be continuing application:
A.
No dust, dirt, fly ash or smoke shall be emitted into the air from any lot so as to endanger the public health and safety, to impair safety on or the value and enjoyment of other property or to constitute a critical source of air pollution.
B.
No offensive odors shall be emitted into the air from any lot so as to impair the value and enjoyment of any other lot.
C.
No noxious, toxic or corrosive fumes or gases shall be emitted into the air from any lot so as to endanger the public health and safety or to impair the safety on or the value and enjoyment of any other lot.
D.
No noxious, toxic or offensive waste shall be discharged or dumped.
E.
No offensive glare from lighting shall be transmitted so as to endanger the public and safety nor shall it be transmitted into or within any residential zoning district so as to impair the value and enjoyment of any lot therein. No radiant heat shall be outside the lot where it originates.
F.
No material which is dangerous due to potential hazard of explosion, fire or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable regulations of the State of New York.
§ 165-74 (Reserved) [1]
[1]
Editor's Note: Former § 165-74, Penalties for offenses, was repealed 2-17-2010 by L.L. No. 3-2010.