Southeast City Zoning Code
ARTICLE X
Special Permits and Conditional Uses
§ 138-51 Special permits in general.
In accordance with the procedures, standards and conditions hereinafter specified, special permits may be approved for uses permitted in a district subject to the securing of such permit. Special permit uses are specifically listed in the article pertaining to the district and are unusual uses which, under favorable circumstances, will be appropriate, harmonious and desirable uses in the district but which possess such special characteristics that each use must be considered as an individual case. The provisions of this article are in addition to other provisions applicable in the district in which the special permit use is to be located.
§ 138-52 Procedure for special permits.
A.
After application for a special permit has been made as provided in § 138-81 and the Building Inspector has made the referrals as provided in § 138-82, the following procedures shall be applicable:
(1)
Additional information and review. The Planning Board shall review the application for a special permit and the accompanying project development plan to determine the completeness thereof and compliance with the provisions of this chapter. The Planning Board, upon written request by the applicant, may, by resolution, determine that the required submission of all or part of the information specified in § 138-41B and C is deferred unless or until requested later by the Planning Board or Town Board. The Planning Board may call the applicant into consultation and may request the applicant to submit such additional information that it deems necessary in order to review the application. Within 45 days after the regular meeting at which the referral from the Building Inspector is received, the Planning Board shall determine that the application is complete or shall request additional information.
(2)
Planning Board report.
(a)
Within 65 days after the meeting at which the application is determined complete or after the regular meeting at which the additional information requested under Subsection A is received, the Planning Board shall forward the application and accompanying maps, plans, data and documents to the Town Board, together with a written report containing the following:
[1]
An evaluation of the proposal and the findings of the Planning Board with respect to compliance with the general standards and any applicable special standards of this article.
[2]
An evaluation as to whether or not the general standards for site plan approval of Article IX can be met.
[3]
Any recommendations for approval, modification and approval or disapproval of the special permit use.
(b)
The applicant and the Planning Board may, by mutual consent, extend the time for review and report.
(3)
Town Board action.
(a)
After receipt of the report from the Planning Board or after expiration of the sixty-five-day period or as such period may be extended under Subsection A, the Town Board shall hold a public hearing on the application, which hearing shall be advertised in a newspaper of general circulation in the Town, and such advertisement shall be published at least seven days before such hearing. After the public hearing, the Town Board may approve the application or approve it subject to modifications or disapprove the application. In approving the application or approving it subject to modifications, the Town Board shall make the following findings:
(b)
All applications may be approved subject to appropriate conditions and safeguards necessary to maintain the purpose and intent of this chapter and to protect the public health, safety and welfare and property values in the neighborhood. Subsequent to approval of a special permit, the application for a building permit and application for a certificate of occupancy and accompanying site plan shall be subject to review and approval in accordance with § 138-83.
B.
Unless specifically authorized in the decision of the Town Board, no requirement or conditions of such special permit shall be subject to appeal before the Board of Appeals.
C.
Requirements or conditions imposed by this chapter for any special permit use shall not be waived or reduced by the Town Board and shall be considered to be the minimum requirements for any authorization hereunder, except that the Town Board may authorize further application and action by the Board of Appeals. Special permits shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval unless a valid site plan approval is in place or a building permit has been issued for the special permit use. Such permit may be extended on separate application to the Town Board.
[Amended 8-20-2015 by L.L. No. 7-2015]
D.
The grant of special permits for the uses indicated is at the discretion of the Town Board and are effective for the length of time which the use is active, regardless of the change of ownership of the property, unless conditioned on periodic renewal. Renewal may be granted following application, public notice and hearing and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XIII shall be prima facie evidence of lack of conformity with such standards or conditions.
E.
Any person aggrieved by any decision of the Town Board hereunder may, within 30 days of the filing of the decision in the office of the Town Clerk, appeal pursuant to Article 78 of the Civil Practice Law and Rules.
§ 138-53 General requirements for conditional use and special permit approval.
A.
Prior to approving any conditional use or evaluating any special permit use, the Planning Board shall determine the conformity of such use and the proposed development thereof with the conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for conditional use and special permit approval are as follows:
(1)
The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and shall not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.
(2)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.
(3)
The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.
(4)
The proposed use will not require such additional public facilities or services or create fiscal burdens upon the Town greater than those which characterize uses permitted by right.
(5)
As a condition of all special permit and conditional use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.
(6)
As a condition of all special permits and conditional use permits, a time limitation may be imposed.
B.
In addition to the general standards for conditional uses and special permits as set forth above, the approving Board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.
§ 138-54 Utilities.
[Amended 8-20-1998 by L.L. No. 5-1998]
Public utilities; water supply reservoirs, wells and water treatment facilities; and transmission lines and utility poles for electric power, telephone and gas are subject to the following supplementary requirements:
A.
These uses shall be subject to a finding, in addition to the standards of § 138-53, that a public necessity exists for such use in the Town of Southeast, and that use of the particular site for which application is made is appropriate from the public standpoint.
B.
The Town Board may require that such use be enclosed by protective fencing with a gate, which shall be closed and locked except when necessary to obtain access thereto.
C.
The installation shall be so designed, enclosed, painted and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standards of property maintenance of the surrounding neighborhood.
D.
Indoor parking or off-street parking areas shall exist or be provided for maintenance, service and other vehicles which are regularly stored or maintained on the site of the public utility.
E.
In appropriate cases, satisfactory evidence shall be submitted establishing that there will be no interference with radio and television reception on adjoining property in the neighborhood.
§ 138-54.1 Telecommunications towers and facilities.
[Added 8-20-1998 by L.L. No. 5-1998]
The development of telecommunications towers and facilities and related structures shall be permitted as a conditional use in all zones with the approval of the Planning Board. A communications tower and facility shall be subject to the following supplementary requirements:
A.
Purpose. The purpose of these supplementary requirements and standards is to regulate the development of communications towers and facilities in the Town of Southeast, consistent with the general purposes stated in this chapter, to accommodate the necessary infrastructure for the provision of telecommunications services within the Town, to address the visual, aesthetic and land use compatibility aspects of telecommunications facilities, towers and antennas and more specifically to:
(1)
Minimize the total number of towers throughout the Town.
(2)
Encourage the collocation or shared use of proposed and existing tower sites.
(3)
Encourage the location of towers and antennas, to the extent possible, in areas where the adverse impacts on the community are minimized.
(4)
Encourage the configuration of towers and antennas in a way that minimizes the adverse visual impact of the towers and antennas.
(5)
Enhance the provision of telecommunications services within the borders of the Town of Southeast.
B.
Application procedures and requirements.
(1)
The proposed use shall conform to the general requirements and procedures of this chapter and to the general and special requirements of Article X, Special Permits and Conditional Uses, of this chapter, including § 138-53, General requirements for conditional use and special permit approval. The required application for site development plan approval, for a conditional use permit, shall conform to the requirements and standards of Article IX of this chapter, regarding site development plan review.
(2)
Where an application involves the addition or removal of antennas or other equipment onto or from the site of an existing communications tower and facilities (or "tower facility") by the current users or operators of said facilities, such application may, at the discretion of the Planning Board, be considered exempt from the requirements for a conditional use approval and the related site development plan approval. Exemption from conditional use or site development plan approval shall only be granted for proposed development that complies with the criteria below and shall be subject to a building permit.
(3)
The location of antennas upon existing water tanks, power lines, rooftops or any existing structure may, at the discretion of the Planning Board, be considered exempt from the requirements for a conditional use approval and the related site development plan approval. Exemption from conditional use or site development plan approval shall only be granted for proposed development that complies with the criteria below and shall be subject to a building permit.
(a)
The addition of antennas or other equipment onto an existing tower facility shall be exempt where such addition involves the installation of antennas or other equipment clearly indicated as part of the original approval for the communication tower and facilities, including approved additional users and collocation of approved equipment and including approved accessory structures. An exemption granted under this subsection need not comply with the criteria in the subsections below.
(b)
The addition of antennas or other equipment onto an existing tower facility or structure shall not result in any increase in the total height of the structure, as originally approved, including the height of any antenna protruding above the tower facility or other structure.
(c)
The addition of antennas or other equipment onto an existing tower facility shall not result in any increase in bulk (i.e., volume) greater than 25% over the total bulk of antennas or other equipment approved for installation on said tower as per the original approval of said tower facility. The bulk of existing and proposed antennas shall be calculated in appropriate cubic (three-dimensional) units such as cubic inches or cubic feet. The applicant shall demonstrate, by the submission of a structural integrity report prepared by a licensed professional engineer, that the installation of additional antennas will not exceed the structural capacity of the existing tower.
(d)
The removal of antennas or other equipment from an existing tower facility shall only be permitted as an exemption herein where it results in a net reduction in the bulk (i.e., volume) of the total bulk of antennas or other equipment approved for installation on said tower as per the original approval of said tower facility. The removal of an antenna under an exemption herein shall not result in any significant alteration of the remaining antennas or equipment on the tower structure.
(e)
The addition of antennas or other equipment onto an existing tower, under this exemption, shall not include the construction of any new accessory structures such as equipment buildings, fencing or other site improvements unless such accessory structures or improvements are clearly indicated as part of the original approval for the communications tower and facilities.
(f)
Where it is intended to locate an antenna upon an existing structure which has not previously obtained a conditional use approval for a telecommunications tower or facility (e.g., a water tank, flagpole, rooftop, steeple, bell tower or power line):
[1]
The proposed installation shall not exceed the structural capacity of the existing mounting structure.
[2]
The proposed installation shall not cause interference with existing equipment.
[3]
Any related equipment, other than antennas, shall be placed within the existing structure or at the base thereof, provided that the related equipment located at the base of an existing mounting structure shall be fully enclosed and shall have a base not to exceed one hundred square feet and shall not be more than eight feet in height.
[4]
The planned equipment shall not extend more than 20 feet above the highest point of the structure and shall comply with all applicable FCC and Federal Aviation Administration (FAA) regulations and state and local building codes.
C.
Reimbursement of review costs. The applicant shall be required to establish an escrow account to reimburse the Town of Southeast for the legitimate costs of review associated with the use of professionals qualified to review the required plans, reports and other technical information submitted in support of an application for a communications tower and facility. An estimate of the approximate cost of review services shall be provided by all reviewing professionals assisting the Town in such reviews.
D.
Additional application information. In addition to the site development plan specifications in Article IX, applications for development of communications towers and facilities shall include the following information:
(1)
Name(s) and address(es) of persons preparing submitted plans, reports and information.
(2)
Name(s) and address(es) of the property owner, operator and applicant.
(3)
An affidavit of title setting forth the identity of the fee owner of the premises, all encumbrances to which title to the property is subject and a statement that there are no restrictions or covenants running with the land which may prohibit the use of the property or a portion thereof for a telecommunications tower or facility.
(4)
Elevations and details of the proposed structure, including the height, width, depth, location and configuration of guy wires or other anchoring devices, type of materials, color(s), lighting, the number and type of all proposed antennas and receiving and transmitting equipment and other relevant information for all existing and proposed structures, equipment, parking and all other related improvements. The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the collocation of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of collocation of additional facilities. The site plan shall also include a description of the proposed communications tower and facility and such other information that the Planning Board may require.
(5)
The site development plan shall indicate the location of the proposed access to the site, including the location of access to a suitably improved roadway, the length, width, grading, drainage, snow storage area and driveway profile and proposed surface material(s). The proposed access shall be used only for the purposes of operation, maintenance and repair of the communications tower and facilities. Any proposed fence or gate related to the access driveway shall be shown, including provision for police, fire or emergency vehicle access to the site and facilities.
(6)
Visual EAF addendum.
(a)
A visual EAF addendum shall accompany the full environmental assessment form (EAF) to be submitted with the site plan. Following review of the visual EAF addendum, a visual impact analysis or study may be required to further assess the visual impact of a proposed tower facility. Any visual assessment shall consider the effects of any proposed or potential plans for collocation and shall include additional development alternatives or scenarios, as appropriate, to properly consider the effects of collocation. The consideration of alternative designs may be requested as part of the visual assessment, such as flagpole technology (a monopole with internal antennas), a camouflaged pole and antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles and connection with a fiber optic network, if available, or other designs that may provide for the mitigation of visual impacts; provided, however, that no such alternative design shall be required that would be inconsistent with the telecommunications technology of the particular applicant.
(b)
The methodology for any visual analysis should be approved by the Planning Board and shall address impacts on nearby viewsheds, ridgelines, scenic features and historic sites and structures identified as significant, as well as compatibility with nearby land uses. The Planning Board may consider methodologies, including but not limited to the following:
[1]
A photographic simulation or photographic montage, with and without foliage.
[2]
A demonstration using a balloon or the top of the actual structure on a project site, based on the following requirements:
[a]
Balloon shall be flown at actual height. Alternatively, the top portion of a tower structure, with all proposed antennas and appurtenances attached, shall be temporarily held up at actual height (typically by a crane).
[b]
Balloon shall be a "weather" or other type of balloon of a size and color that can be seen clearly from a distance of one mile.
[c]
To the extent practicable, balloon or top of tower shall have same reflective property.
[d]
Top of tower shall include all proposed antennas and appurtenances.
[e]
Balloon shall be flown, or top of tower shall be held up, for a minimum of eight hours.
[f]
There shall be sufficient notification to all owners of property within 1,000 feet of the proposed site.
(7)
A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height or larger and the height of the surrounding tree line and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements such as fences and walls shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance.
(8)
A statement about safety measures related to the project, such as fencing to prevent access to the tower structure and related equipment.
(9)
Documentation sufficient to demonstrate that the proposed tower height is the minimum height necessary to provide licensed communications services to locations within the Town of Southeast which the applicant is not able to serve with existing facilities in the project site area. Additionally, documentation regarding height should address any variations in height necessary to accommodate collocation of antennas or other equipment by other users or operators.
(10)
An affidavit by the applicant regarding whether the construction of the facility will accommodate the collocation of additional communications antennas or facilities for future users, when technically and economically feasible, may be required. Said affidavit should examine the following:
(a)
Whether the addition of necessary equipment required for the collocation of additional communications antennas or facilities would exceed the structural capacity of existing or proposed facilities;
(b)
The potential for the equipment to cause unmitigable interference with existing or proposed equipment; or
(c)
Whether the applicant, after a good faith effort, has been able to reach an agreement with the owner of an existing facility.
(11)
A report prepared by a New York State licensed professional engineer specializing in structural engineering about the structural integrity of the proposed communications tower and facility. The report shall demonstrate the structure's compliance with applicable standards and shall describe the structure's capacity, including the number and type of antennas it can accommodate, using illustrations as necessary. In the case of antennas being mounted on an existing structure, the equivalent of the above-required information shall be provided about the existing structure.
(12)
Report on safety of radio emissions.
(a)
A report, certified by a qualified health physicist or other licensed professional, about the safety of the radio emissions of the proposed facility, including the following information:
[1]
Evidence of FCC license, franchise and/or permit to grantee/applicant, including information regarding all related permitting standards and specifications.
[2]
The frequency, modulation and class of service of radio equipment.
[3]
The transmission and maximum effective radiated power of the antenna(s).
[4]
The direction of maximum lobes and associated radiation of the antenna(s).
[5]
Certification that the NIER (nonionizing electromagnetic radiation) levels at the proposed site are within the levels adopted by the Federal Communications Commission (FCC) or any subsequent superseding emission standard adopted by the FCC, based on the maximum equipment output.
[6]
Certification that the proposed antenna(s) will not cause interference with existing communications devices.
[7]
Certification of compliance with the following:
[a]
All current, applicable FCC regulations and standards.
[b]
National Electrical Safety Code (NESC).
[c]
National Electrical Code (NEC).
[d]
All current standards of all federal agencies with authority to regulate telecommunications towers and antennas.
[e]
All pertinent New York State Building Codes.
(b)
The above report shall be certified to be true, complete and accurate and subject to all applicable penalties.
(13)
Map.
(a)
A map which shows the applicant's existing and proposed area of coverage (propagation map) including all adjacent hand-off cells outside the Town of Southeast. The map shall locate all existing and proposed sites in the Town and in bordering communities which contain communications towers or facilities used by the operator, owner or applicant or other operators and which provide coverage in the Town of Southeast and are related to all adjacent hand-off cells outside the Town.
(b)
A detailed report shall accompany the coverage map which indicates why the proposed communications tower and facility is necessary. The report shall also identify locations within the proposed project site service area which are not and could not be served by either existing or proposed facilities (depicted in the map of coverage and existing facilities), by collocation or by other development options.
(14)
When an applicant proposes to locate additional antennas or facilities on existing towers or sites (collocation), the application may include appended information from a previously approved application for the same site or facility to address application requirements. The proposed application must provide additional or updated information pertinent to the new antennas or facilities and must address related changes in conditions on or near the site. The submittal of appended materials of previous applications does not exempt the application for collocation from any of the procedural steps in the review of a regular application, unless said application meets the criteria for an exemption as set forth in § 138-54.1B, above.
(15)
If collocation is not proposed, an affidavit stating that collocation is not feasible. Said affidavit shall examine the aspects of feasibility noted in Subsection D(10) above. Said affidavit may also be required to address the feasibility of any alternate designs that are presented as mitigation measures for potential visual impacts of the proposed tower facility.
(16)
In order to assess the long-term effects of communications tower development on the Town of Southeast and areas surrounding the proposed tower site, the Planning Board may require the presentation of a long-range conceptual plan for additional communications tower and facility development by the applicant. The long-range plan shall address the possible location of additional tower sites, the related service area coverage and alternative long-range plan scenarios that illustrate the potential effects of tower height on the number of towers in the service area.
E.
Criteria for development. An application for a conditional use approval for development of a communications tower and facility and the concurrent application for site development plan approval shall meet all of the following criteria:
(1)
Collocation.
(a)
The collocation, or sharing, of existing tower structures for mounting of proposed communications antenna(s) or equipment shall be preferred to the construction of new towers and facilities. When a new tower structure is proposed, the applicant must demonstrate that the proposed communications tower and facility cannot be accommodated on an existing facility within the project area, including areas within the Town of Southeast and nearby areas in adjacent municipalities.
(b)
When an applicant proposes collocation of proposed antenna(s) on an existing structure, the applicant must demonstrate that the existing site will be properly adapted to the placement of additional antenna(s). As required by the Planning Board, the applicant shall address the capacity of the site and structure and necessary screening, landscaping and additional safety measures. The applicant may append previously approved plans and supportive application materials and approvals to support the location of new facilities on existing facilities.
(2)
Height.
(a)
The maximum permitted height of a communications tower, monopole or any structure constructed for the purpose of locating antennas or telecommunications devices shall be as follows:
(b)
The height shall be measured from the elevation of the proposed finished grade at the base of the communications tower structure to the top of the tower or monopole structure or to the top of any antenna or equipment installed above the top of the structure.
(c)
The applicant must demonstrate to the satisfaction of the Planning Board that the proposed height and bulk of a communications tower or monopole is the minimum height and bulk necessary to provide service to meet the applicant's communications needs within the Town's boundaries and that the visual or aesthetic impact has been minimized to the greatest extent practicable. The applicant shall present a long-range conceptual plan for other sites in the vicinity of the proposed facility site to illustrate the effect of variations in tower height and bulk on the number, location and collocation of additional antennas, towers and facilities.
(3)
If an applicant anticipates the potential collocation of antennas by other users on a proposed new communications tower, these facilities may be presented in the application. If specific users or operators, other than the principal applicant, are being identified by the applicant, then appropriate certification must be submitted with the application that the applicant is authorized by the other users, or that the other users are co-applicants, to properly represent such other users in the approval of the application. All application materials, plans and illustrations must clearly identify additional users' facilities and service areas as is required for the primary applicant or co-applicant, as appropriate.
(4)
A proposed communications tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that use group as stated in the Table of Bulk Requirements of this chapter[1] (i.e., the tower height plus the front yard setback equals the total required setback from the front lot line).
[1]
Editor's Note: The Table of Bulk Requirements is located at the end of this chapter.
(5)
Setback requirements; gross floor area.
(a)
All related buildings shall conform to the applicable minimum front, side and rear yard setback requirements for the corresponding use group. The additional setback distance, equal to the tower height, shall not be applied to the related buildings proposed to house equipment and for maintenance and operation of the communications tower and facility. However, the related buildings shall be located so as to minimize visibility from adjacent properties and, if the Planning Board so directs, shall be located in the rear of the site and shall be effectively screened from the view of the site's road frontage(s).
(b)
The total gross floor area for any related buildings shall be the minimum size necessary for operation and shall not exceed 600 square feet per operator or user with facilities located on the site. Operators and users on sites with more than one such structure shall share such structures whenever possible to minimize the number and total area of such structures on a site.
(6)
The Planning Board, at its discretion, may require that security fencing be located around each communications tower and facilities or related structures to secure the site, including provision for access to the tower facility through a locked gate. If required, said fencing shall be designed to minimize visual and aesthetic impacts.
F.
Design guidelines. An application for development of a communications tower and facilities shall meet the following applicable design guidelines:
(1)
Unless required by the Federal Aviation Administration (FAA), the painting or marking of towers or monopoles shall have a finish or coloring that will minimize visual and aesthetic impacts. The applicant shall consider using a galvanized finish and be painted gray or blue-gray or another finish or color that is visually unobtrusive.
(2)
Unless required by the Federal Aviation Administration (FAA), or other federal, state or local agency, no signals, lights or illumination shall be permitted on communications towers. Any lighting necessary for the related structures shall be minimized and shall be properly shielded to prevent glare onto adjacent properties, provided that such minimization and shielding complies with all federal and state laws.
(3)
The base of the communications tower or monopole and any related structure shall be effectively screened using primarily vegetative screening such as a continuous evergreen hedge consisting of native trees and shrubs. Clearing and site disturbance shall be minimized and shall conform to all pertinent Town regulations and requirements. Existing vegetation shall be preserved to the maximum extent practicable. Additional plantings shall be required, as necessary, to screen structures from nearby properties or important viewsheds or scenic areas. All landscaping shall be properly maintained to ensure good health and viability.
(4)
All communications tower facilities shall be located and designed to have the least possible adverse visual and aesthetic effect on the environment. Alternative designs may be considered such as flagpole technology (a monopole with internal antennas), a camouflaged pole, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles or other designs that may provide for the mitigation of visual impacts. Any alternative design option considered hereunder shall be consistent with the purpose, procedures, requirements and standards of these supplementary regulations.
(5)
Signage shall be prohibited on communications tower facility sites except for an identification sign that complies with all of the permitting requirements and design standards in Article XII of this chapter. Except as specifically required by a federal, state or local agency, no sign shall be permitted on a tower or monopole.
G.
Additional requirements.
(1)
The terms of any approval for a communications tower and facilities shall require the applicant to post a bond in the amount recommended by the Planning Board to the Town Board based on an estimate approved by the Town Engineer to cover the cost of the removal and disposal of the tower, antenna and associated facilities. The bond shall be maintained for so long as the tower, antenna and associated facilities remain in place. The Planning Board may recommend to the Town Board that adjustments be made to the amount of the bond periodically and may require the submittal of a new or modified bond, based on an estimate by or approved by the Town Engineer, of the cost of the removal and disposal of the tower, antenna and associated facilities.
(2)
In any approval for a communications tower and facilities, the Planning Board shall require an irrevocable commitment from the owner of the tower, antenna and associated facilities to defend, indemnify and hold the Town of Southeast and its boards, officials, employees and agents free and harmless from judgments or costs, including reasonable attorneys' fees, arising directly or indirectly from the construction, use or operation of the tower, antenna and associated facilities.
H.
Construction, operation and maintenance.
(1)
Conditional use approval: expiration, alteration, review.
(a)
Unless otherwise specified, any conditional use approval granted under this section shall be subject to the terms for expiration in accordance with § 138-85G, Time limit. Similarly, unless otherwise specified, any site development plan approval granted under this section shall be subject to the terms for expiration in accordance with § 138-41M, Expiration. The Planning Board may specify a ten-year term for expiration of individual conditional use or project development plan approvals, as deemed necessary, to provide an opportunity for periodic review of a communication tower and facilities. The periodic review shall address any changes in the design and technology of the tower or antennas, or changes in the operators' services or coverage area, that may result in the need for modification of the tower structure, antennas, collocation accommodations or related structures or site improvements. The Planning Board may require technical review by a qualified specialist.
(c)
Alternatively, if it is found that no alteration of the existing tower, antennas or facilities is required, then the Planning Board shall grant a renewal of the conditional use and site development plan approvals. In this case, an application, review, public hearing and approval shall not be required.
(2)
Any conditional use approval granted under this section may be revoked by the Planning Board after a hearing. The Planning Board shall provide written notification to the owner(s) of the tower, antenna and any associated facilities at least 10 days prior to such hearing so that they may have an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the tower, antenna and associated facilities constitute a nuisance or a safety hazard, or that the conditions of the approval have been materially violated, the Planning Board may revoke the said conditional use approval.
(3)
Abandonment; discontinuation of use.
(a)
In the event that the use of a communications tower and facilities has been discontinued for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. If there are two or more operators or users of a communications tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within five days of the determination of abandonment.
(b)
Any conditional use permit or other approvals granted by the Town related to the communications tower and facilities shall automatically expire on the date the facility is deemed to be abandoned.
(4)
Removal; disposal.
(a)
Within 90 days after the determination of abandonment, or the revocation of a conditional use or site development plan approval, the tower facility and related structures shall be removed by the owner or operator and shall be properly disposed of in accordance with all local, state and other regulations regarding such disposal.
(b)
If the tower and related structures are not removed within said ninety-day period, a process for removal by the Town of Southeast shall be commenced at the owner's or operator's expense.
(c)
Following the expiration of the ninety-day period, the Building Inspector, with the approval of the Planning Board, may notify the owner, in writing, that removal must be accomplished within 30 days of said notification. The notification shall indicate that failure to remove the tower and related structures within 30 days shall result in the removal of said facilities by the Town of Southeast at the owner's expense. Any cost incurred by the Town in such removal, not paid under the owner's bond, shall constitute a lien on the tax lot on which the tower is situated and shall be collected in the same manner as a Town tax on real property.
(5)
As deemed necessary by the Building Inspector or by the Planning Board, the Building Inspector may require certification of compliance with all FCC standards and requirements related to the operation of the communications tower and' facilities. Such certification shall be prepared by a qualified engineer or other qualified specialist. Additionally, the facility may be inspected by a qualified representative of the Town. If deemed necessary, testing may be conducted at the owner's expense.
I.
Alteration of an existing communications tower, antenna or related structure.
(1)
Alteration of an existing communications tower or monopole, antenna or any related building or other structure or improvement, including a plan for the collocation of facilities, which results in a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be permitted only after application to the Planning Board. The application shall be reviewed as if the alteration were a new application for a conditional use permit and a new application for site development plan approval and may include appended materials from a previous approval.
§ 138-54.2 Shooting ranges.
[Added 10-8-2020 by L.L. No. 8-2020]
All shooting ranges shall be subject to the following supplementary regulations:
A.
Exempt ranges. The provisions of this section shall not apply to shooting ranges not open to the public which are utilized solely for law enforcement and/or governmental purposes.
B.
Supervision.
(1)
There shall be a certified range master, a firearms instructor or a range safety officer on site and actively in control of the shooting range whenever open to the public or the range is in use.
(2)
Range masters, firearm instructors or range safety officers shall have been trained by and have a valid current certification from one of the following organizations:
(a)
Firearms instructors: National Rifle Association (NRA), New York State-Division of Criminal Justice Services (NYS-DCJS), International Association of Law Enforcement Firearms Instructors (IALEFI), Smith & Wesson Academy, SIG Arms Academy, any U.S. federal law enforcement agency (FBI, FLETC, ICE, USSS, ATF, USBP), any U.S. military agency (Army, Navy, Marines, Air Force, Coast Guard, National Guard).
(b)
Range safety officers: National Rifle Association (NRA), International Defensive Pistol Association (IDPA), International Practical Shooting Association (IPSC), United States Practical Shooting Association (USPSA).
(c)
Range master: SIG Arms Academy, Smith & Wesson Academy, Action Target Academy, any U.S. military agency and any federal law enforcement agency.
(3)
(4)
There shall be at least one range master, firearms instructor or range safety officer for every five shooters.
C.
Operation of shooting ranges.
(1)
No new shooting range shall be located nearer than 500 feet from the property line of any school, day-care center, church, hospital, public park, or residentially zoned property, or in any location which, in the opinion of the Town Board, will result in the annoyance of any nearby resident.
(2)
No gambling, betting or wagering shall be permitted upon the premises.
(3)
No alcoholic beverages shall be possessed or consumed on the premises, and no person under the influence of alcohol, mind-altering drugs, or controlled substances as defined by Article 220 of the New York State Penal Law shall be allowed on the premises.
(4)
Range masters, firearms instructors, range safety officers, and any other employees shall wear a uniform or other distinguishing mark to identify them as employees.
(5)
Access for entrance to the shooting range shall be under continuous control, monitoring and supervision by the operator and/or employees.
(6)
All waste material generated at the range will be managed and timely disposed of in accordance with all federal and state hazardous waste regulations.
(7)
The conduct and operation of any shooting range shall be in compliance with any and all federal, state and/or local laws, rules, codes and/or regulations.
(8)
Firearm types used at shooting ranges are restricted to rifles, shotguns, pistols and similar firearms. The use of bows and crossbows are also permitted. The use of fully automatic firearms and explosives is permitted for official police or military training exercises only.
(9)
The owner/operator of the shooting range shall keep on file with the Town Clerk a current certificate of insurance indicating it has in force and effect general liability insurance coverage with coverage limits of not less than $1,000,000 per occurrence for bodily injury and death, and not less than $500,000 for property damage.
(10)
No shooting range shall operate except upon the issuance of a certificate of compliance issued by the Town of Southeast Code Enforcement Officer signifying the issuance of a special permit, and compliance with the provisions of this section. The certificate of compliance must be renewed annually, and may be revoked at any time upon the determination of the determination of the Code Enforcement Officer that the shooting range is being operated in violation of the provisions of the special permit or the provisions of this section.
D.
Indoor shooting ranges are subject to the following supplementary regulations:
(1)
All doors, gates and entrances leading into that part of the premises between the firing point and the backstop shall be securely locked and alarmed, and no person shall be permitted therein at any time persons are engaged in shooting or have access to the firearms used. Attendants and employees may, however, enter said part of the premises between the firing point and the backstop while shooting is not in progress.
(2)
The shooting range shall be properly and adequately ventilated at all times.
(3)
Shooting ranges shall be subject to the noise restrictions of Chapter 96, "Noise" of the Code of the Town of Southeast.
(4)
Shooting range hours of operation shall be specified in the special permit.
E.
Transfer of special permit. Shooting range special permits shall not be transferred. In the event of any change involving the owner or operator of the business, the type of business, the name of the business or the business location, a new special permit shall be required.
F.
Severability. Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of this section shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are declared to be severable.
§ 138-55 Membership clubs; golf and country clubs.
Membership clubs and golf and country clubs are subject to the following supplementary regulations:
A.
The privileges of any club shall be limited to bona fide regularly enrolled members and their guests. The club shall be operated solely for recreational, social or athletic purposes and not for pecuniary gain.
B.
The Planning Board may reduce the parking requirements, provided that the club facilities are so laid out that there are lawn areas that could accommodate temporary overflow parking.
C.
The Planning Board may permit the use of any existing building meeting the yard requirements of this chapter for club purposes, provided that the club meets all other standards and requirements of this chapter.
D.
The Planning Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the club site than would be inherent in the ordinary residential use of the property.
E.
No club shall be operated so as to create a nuisance to surrounding properties. The Planning Board may require such facilities as are required to protect neighbors from any nuisances or hazards which would be inherent in the operation of the club.
F.
One dwelling unit may be located in the clubhouse for the use of a caretaker and his/her family. Sleeping rooms, without individual kitchen facilities, shall be permitted for the overnight accommodation of members and their guests, but there shall be no more than one such sleeping room for each four acres of net lot area.
G.
A conditional use approval shall be issued to a qualified organization for a specific use or purpose and for a maximum number of members or seating capacity, and a new approval shall be required for any change of organization, use or purpose or increase in maximum membership or seating capacity.
§ 138-55.1 Houses of worship.
[Added 4-24-2003 by L.L. No. 7-2003]
Houses of worship, including but not limited to churches, synagogues, mosques, and any other place of worship and any accessory uses such as parking, schools, or playgrounds, shall be subject to the following supplementary regulations:
A.
All buildings on lots adjoining single-family residential properties shall be set back from front, side, and rear property lines a minimum of 300 feet. All buildings on lots adjoining commercial or other nonresidential properties shall follow the setbacks as indicated in the Table of General Use Requirements for Use Group "f."[1]
[1]
Editor's Note: The Table of General Use Requirements is located at the end of this chapter.
B.
All parking on lots adjoining single-family residential properties shall be set back from front, side, and rear property lines a minimum of 200 feet.
C.
An environmental conservation buffer of 50 feet shall be provided on all side and rear yards on lots within a residential zoning district.
D.
The Town Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the site than would be inherent in the ordinary residential use of the property.
E.
The Town Board may reduce the parking requirements, provided that the parking facilities are so laid out that there are lawn areas, or other such surfaces, that could accommodate temporary overflow parking.
F.
Site lighting shall not project into surrounding residential properties.
G.
The height of any steeple, minaret or other such structure shall not exceed 75 feet.
H.
All playground equipment shall be a minimum of 200 feet from any adjoining residential property in a residential district.
§ 138-55.2 Schools.
[Added 4-24-2003 by L.L. No. 7-2003]
All private elementary, private middle school, private high school, and colleges and universities and any accessory uses such as parking, ballfields, or playgrounds shall be subject to the following supplementary regulations:
A.
All buildings on lots adjoining single-family residential properties shall be set back from front, side, and rear property lines a minimum of 300 feet. All buildings on lots adjoining commercial or other nonresidential properties shall follow the setbacks as indicated in the Table of General Use Requirements for Use Group "i."[1]
[1]
Editor's Note: The Table of General Use Requirements is located at the end of this chapter.
B.
All parking on lots adjoining single-family residential properties shall be set back from front, side, and rear property lines a minimum of 200 feet.
C.
An environmental conservation buffer of 50 feet shall be provided on all side and rear yards on lots within a residential zoning district.
D.
The Town Board may permit the use of outdoor public address systems, provided that no more sound shall carry beyond the limits of the site than would be inherent in the ordinary residential use of the property.
E.
The Town Board may reduce the parking requirements, provided that the parking facilities are so laid out that there are lawn areas, or other such surfaces, that could accommodate temporary overflow parking.
F.
Site lighting shall not project into surrounding residential properties.
G.
All playground equipment shall be a minimum of 200 feet from any adjoining residential property in a residential district.
§ 138-55.3 Philanthropic institutions.
[Added 6-5-2025 by L.L. No. 4-2025]
Philanthropic institutions requiring a special permit are subject to the following supplementary regulations:
A.
A philanthropic institution shall not produce or emit noise, vibrations, smoke, dust, odors, heat, or glare detectable beyond the parcel boundary that is offensive or detrimental to the immediate neighborhood.
B.
One dwelling unit may be located on the property for the use of a caretaker and his/her family.
C.
Artist in residence accommodations are permitted subject to the following conditions:
(1)
Accommodations shall be for the artist only.
(2)
Individual artists may reside on the property for no more than six months within a one-year time period.
(3)
Accommodations may be located in the principal dwelling or within an accessory residential structure such as a detached garage or barn provided that the structure and apartment meet all applicable health, building, and fire codes.
(4)
The approval of the Putnam County Department of Health must be obtained for water supply and sewage disposal systems prior to the approval of the special use permit. If the dwelling is served by community water supply or community sewage disposal system, proof of approval from the appropriate water district and/or sewer district is also required.
(5)
An artist in residence accommodation shall be subject to inspection by the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer at any time. A finding of noncompliance with any condition or term of the permit shall result in the issuance of an order to remedy. The permit shall be revoked if the noncompliance is not corrected within the time period set forth in the order to remedy.
D.
Large event management plan. All philanthropic institutions that anticipate gatherings in excess of 100 people shall prepare a large event management plan that shall be provided to the Planning Board during site plan approval. The Planning Board shall refer the large event management plan to the fire department, ambulance company and the New York State Police for a report and recommendation. The adopted large event management plan shall be considered part of the approved site plan and shall be enforceable as such. A large event is defined as a planned event, such as a concert, conference, or art show with more than 100 attendees. This management plan shall include provisions for traffic and parking management, hours of operation, noise abatement, toilet facilities, and maximum number of guests. This management plan shall govern all large public events.
E.
Site lighting shall be of a residential character and scale and shall not project onto adjacent properties.
F.
The Town Board may impose reasonable conditions consistent with preserving the character of the neighborhood, public health, safety, and general welfare of the community. Among the limitations which may be imposed are:
(1)
A limit on the number of visitors and employees;
(2)
A limit on the number of large events annually;
(3)
A limit on the number of artists in residence at any one time;
(4)
A limit on the hours and days of operation;
(5)
The establishment of a buffer for new buildings or outdoor uses that may be adjacent to residences; and
(6)
Other conditions as appropriate to the application.
§ 138-56 Hotels and motels; bed-and-breakfasts; country inns; conference centers.
[Amended 4-24-2003 by L.L. No. 7-2003]
A.
Hotels and motels are subject to the following supplementary regulations:
(1)
Hotel and motel units shall not contain kitchen facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one hotel or motel unit for each 3,000 square feet of site area, exclusive of required yards.
(2)
Each hotel or motel room shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with a shower or bath, one toilet facility and a sink. No hotel or motel building shall exceed the maximum height permitted for such use in any zoning district in which such use is allowed.
(3)
The following accessory uses shall be permitted:
(a)
One apartment for the use of the manager or caretaker and his/her family.
(b)
One coffee shop for hotels and motels with fewer than 30 rooms. For hotels or motels with 30 or more rooms, a restaurant with bar facilities and a coffee shop are permitted.
(d)
Office and lobby, provision of which shall be mandatory for each hotel or motel.
(e)
Meeting and/or conference rooms and banquet facilities.
(4)
All hotels and motels shall be equipped with central sprinkler and fire alarm systems and must meet all local building and fire codes.
(5)
An environmental conservation buffer of at least 50 feet in width shall be provided along side and rear property lines.
B.
Bed-and-breakfasts are subject to the following supplementary regulations:
(1)
The number of permitted guest rooms shall be no more than one guest room per acre of lot size.
(2)
All bed-and-breakfasts must have primary access from a state or county road.
(3)
The principal structure shall be a minimum of 200 feet from any lot line.
(4)
Outdoor garbage storage shall be a minimum of 200 feet from any lot line and shall be so screened as to not be visible from adjoining properties.
(5)
Outdoor lighting shall be the minimum required for safety of vehicular and pedestrian accessways and shall be downcast lighting. Outdoor lighting shall not be directed outwards toward neighboring properties.
(6)
A minimum of one parking space per guest room plus one parking space per employee shall be provided. Parking areas shall be screened from neighboring properties by a landscaped buffer.
(7)
There shall be no catering for public or private events. There shall be no restaurants open to the public or to overnight guests. All food served on premises shall be for the sole consumption of overnight guests and employees of the bed-and-breakfast and shall be included as part of the fee charged for lodging.
(8)
One accessory apartment, containing a kitchen and bathroom, shall be dedicated for occupancy by an owner or manager of the bed-and-breakfast.
(9)
All bed-and-breakfasts shall be equipped with central sprinkler and fire alarm systems and must meet all local building and fire codes.
C.
Country inns are subject to the following supplementary regulations:
(1)
The number of permitted guest rooms shall be no more than one guest room per acre of lot size.
(2)
All country inns must have primary access from a state or county road.
(3)
The principal structure shall be a minimum of 200 feet from any lot line.
(4)
Outdoor garbage storage shall be a minimum of 200 feet from any lot line and shall be so screened as to not be visible from adjoining properties.
(5)
Outdoor lighting shall be the minimum required for safety of vehicular and pedestrian accessways and shall be downcast lighting. Outdoor lighting shall not be directed outwards toward neighboring properties.
(6)
A minimum of one parking space per guest room plus one parking space per employee plus one space per each 50 square feet of patron space dedicated to a public restaurant or bar shall be provided. Parking areas shall be screened from neighboring properties by a landscaped buffer.
(7)
Catering for public or private events or public restaurants or bars is permitted as an accessory use to a country inn, provided that:
(8)
One accessory apartment, containing a kitchen and bathroom, shall be dedicated for occupancy by an owner or manager of the country inn.
(9)
All country inns shall be equipped with central sprinkler and fire alarm systems and must meet all local building and fire codes.
(10)
An environmental conservation buffer of at least 50 feet in width shall be provided along side and rear property lines.
D.
Conference centers are subject to the following supplementary regulations:
(1)
All conference centers must have primary access from a state or county road.
(2)
There shall be no more than one lodging unit for each 3,000 square feet of site area, exclusive of required yards.
(3)
Each lodging unit shall have an area of at least 300 square feet. Each lodging unit shall have a bath facility with a shower or bath, one toilet facility and a sink.
(4)
A lodging unit may contain an efficiency kitchen containing one sink and one refrigerator. Stoves, ovens, and warming plates are not permitted. Microwave ovens, toaster ovens, and coffee makers are permitted.
(5)
The following accessory uses shall be permitted:
(a)
One apartment for the use of the manager or caretaker and his/her family.
(b)
One coffee shop for conference centers with fewer than 30 rooms. For conference centers with 30 or more rooms, a restaurant with bar facilities and a coffee shop are permitted.
(c)
(d)
Office and lobby, provision of which shall be mandatory for each conference center.
(e)
Meeting and/or conference rooms and banquet facilities.
(6)
All conference centers shall be equipped with central sprinkler and fire alarm systems and must meet all local building and fire codes.
(7)
A minimum of one parking space per guest room plus one parking space per employee plus one space per each 50 square feet of patron space dedicated to a public restaurant or bar shall be provided. Parking areas shall be screened from neighboring properties by a landscaped buffer.
(8)
An environmental conservation buffer of at least 50 feet in width shall be provided along side and rear property lines.
§ 138-56.1 Accessory apartments.
[Added 2-18-1999 by L.L. No. 2-1999; amended 9-23-2021 by L.L. No. 4-2021]
Accessory apartments are subject to the following supplementary conditional use requirements:
A.
The owner of the lot upon which the accessory apartment is located shall occupy and maintain as his legal residence at least one of the dwelling units on the premises. Properties located in the GC-2 Zoning District are exempt from this requirement.
[Amended 7-28-2022 by L.L. No. 3-2022]
B.
An accessory apartment may be located in the principal dwelling or within an accessory residential structure such as a detached garage or barn provided that the structure and apartment meet all applicable health, building, and fire codes.
C.
There shall be no more than one accessory apartment or accessory dwelling unit per lot, and the lot shall be of such size as to contain an area at least 100% of the minimum lot area required for the district.
D.
The conversion is intended to create an accessory apartment that is clearly incidental and secondary to the primary unit and may only be approved under the following conditions:
(1)
The accessory apartment shall contain at least 300 square feet and not more than 800 square feet of gross floor area but shall not exceed 25% of the total floor area of the principal residence structure unless, in the opinion of the Planning Board, a lesser or greater amount of floor area is warranted by the specific circumstances of the particular building.
(2)
The accessory apartment shall contain no more than two bedrooms.
(3)
No more than three persons shall occupy the accessory apartment.
(4)
A separate entrance shall be provided for the accessory apartment at the side or the rear of the structure that does not face any street, unless, in the opinion of the Planning Board, a street facing location is warranted by the specific circumstances of the particular building. No exterior changes shall be made to the dwelling which, in the opinion of the Planning Board, will alter the single-family character of the dwelling and neighborhood.
(5)
No fewer than three off-street parking spaces suitable for year-round use shall be provided on the lot. No new driveway access to the street shall be permitted. The Board may require the creation of additional parking spaces, if deemed necessary, and the installation of screening and/or planting to buffer parking areas from the street or from adjoining residences.
(6)
The approval of the Putnam County Department of Health must be obtained for water supply and sewage disposal systems prior to the approval of the conditional use permit. If the dwelling is served by community water supply or community sewage disposal system, proof of approval from the appropriate water district and/or sewer district is also required.
(7)
The Building Inspector shall be given a copy of the application for conditional use permit by the Planning Board Administrator and shall inspect the premises. A written report from the Building Inspector shall be given to the Planning Board prior to granting any conditional use permit for an accessory apartment or accessory dwelling unit.
(8)
An accessory apartment shall be subject to inspection by the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer at any time. A finding of noncompliance with any condition or term of the permit shall result in the issuance of an order to remedy. The permit shall be revoked if the noncompliance is not corrected within the time period set forth in the order to remedy.
(9)
A copy of the original conditional use permit and of each renewal permit, signed by the owner of the property, shall be filed by the applicant with the Town Clerk within 30 days of approval of the permit.
(10)
Applicants for permits for accessory apartments shall be responsible for payment of fees and late charges as set by the Town Board from time to time in the Town of Southeast Fee Schedule.
§ 138-56.2 Home occupations.
[Added 12-13-2018 by L.L. No. 4-2018]
A.
All home occupations shall be subject to the following conditions:
(1)
A home occupation shall be clearly accessory to the principal residential use of the dwelling and shall not change the character thereof.
(2)
Permissible home occupations shall include art or craft studios; dressmaking; tailor; baking, cooking, and preparation of goods for off-site sale and consumption; office for a clergyman, lawyer, physician, dentist, architect, landscape architect, designer, engineer, data technician, real estate agent, consultant, or accountant; tutoring and teaching, with music, dance and other instruction limited to four pupils at a time; and internet based sales where no customers visit the premises and all pick-up and delivery occur through standard residential delivery services.
(3)
Home occupations shall exclude clinics and hospitals; barbershops, beauty parlors, hairdressing and manicuring; tattoo parlors; restaurants and bars; animal hospitals; animal grooming; kennels; commercial animal breeding; taxi, limousine, or livery service or yard; contractor yard; retail, wholesale, private, or rental sales where customers visit the premises; towing or motor vehicle service; massage parlors; adult uses; funeral homes; and palm reading and fortune telling.
(4)
All home occupation activities shall be conducted within the enclosed space of the principal building or accessory residential garage or barn. No outside storage or display is permitted.
(5)
The total floor area dedicated to the home occupation shall not exceed 30% of the gross floor area of the principal dwelling unit.
(6)
The home occupation shall not produce or emit noise, vibrations, smoke, dust, odors, heat, or glare detectable beyond the parcel boundary, or offensive or detrimental to the immediate neighborhood.
(7)
No more than one nonresident employee shall be permitted to work on the premises at any one time.
(8)
The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 7:00 p.m. on any day.
(9)
The home occupation shall not sell, produce, or dispose of any lethal, toxic, or hazardous substance.
(10)
One commercial vehicle may be used for the home occupation in addition to any personal vehicles used by members of the household. No vehicle used for the home occupation shall be larger than a cargo van or pickup truck.
(11)
All parking associated with the home occupation shall be in the driveway, garage, or barn where the home occupation is located. No parking, including employee or customer parking, is permitted in the street or yard.
(12)
No more than 12 customer vehicles shall visit the premises of the home occupation per day.
(13)
With the exception of alterations required for handicapped accessibility, alteration of the residential appearance of the premises to accommodate the home occupation is prohibited.
(14)
In granting a conditional use permit for a home occupation, the Planning Board may impose reasonable conditions consistent with preserving the character of the neighborhood, public health, safety, and general welfare of the community. Among the limitations which may be imposed are:
(15)
Any permit granted by the Planning Board shall apply only to the use described in such permit, and it shall expire upon the termination or modification of such use or the sale of the property.
§ 138-56.3 Live/work buildings.
[Added 6-3-2021 by L.L. No. 2-2021]
Live/work buildings are subject to the following supplementary requirements:
A.
All live/work units shall be a studio or one-bedroom unit.
B.
Each live/work unit must be individually equipped with an enclosed bathroom containing a sink, toilet, shower or tub, and appropriate venting.
C.
Each live/work unit must be individually equipped with a kitchen consisting of a sink, nonportable stove, oven and refrigerator.
D.
The commercial component shall be a minimum of 60% of the gross floor area of the total development.
E.
Direct access between living and working areas must be provided.
§ 138-56.4 Short-term rentals.
[Added 10-9-2025 by L.L. No. 7-2025]
Short-term rentals are subject to the following supplementary regulations:
A.
Rental occupancy permit required.
(1)
No property may be used as a short-term rental without a rental occupancy permit pursuant to Chapter 108 of the Town Code.
(2)
A rental occupancy permit for a short-term rental shall be valid for two years from the date of issue and must be renewed upon expiration for the duration of the short-term rental.
B.
In granting a conditional use permit for a short-term rental, the Planning Board may impose reasonable conditions consistent with preserving the character of the neighborhood, public health, safety, and general welfare of the community. Among the limitations which may be imposed are:
(1)
No fewer than one off-street parking space per bedroom suitable for year-round use shall be provided on the lot. No new driveway access to the street shall be permitted. The Board may require the creation of additional parking spaces, if deemed necessary, and the installation of screening and/or planting to buffer parking areas from the street or from adjoining residences.
(2)
The maximum occupancy shall be determined by the Planning Board based on the number of bedrooms and approved sanitary wastewater system capacity.
(3)
Short-term rental properties may not be used for special events such as weddings, parties, film production, concerts, or similar activities that may generate traffic, generate noise, or be in conflict with the residential character of the neighborhood.
(4)
Short-term rentals must adhere to property maintenance regulations in Chapter 105 of the Town Code.
(5)
Short-term rentals must adhere to noise regulations in Chapter 96 of the Town Code, which prohibits plainly audible unreasonable noise. Noise violations shall be grounds for revocation or denial of a conditional use permit.
(6)
A plan must be presented for the storage location and disposal of trash.
(7)
A short-term rental shall be subject to inspection by the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer at any time. A finding of noncompliance with any condition or term of the permit shall result in the issuance of an order to remedy. The permit shall be revoked if the noncompliance is not corrected within the time period set forth in the order to remedy.
(8)
A copy of the original conditional use permit and of each renewal permit, signed by the owner of the property, shall be filed by the applicant with the Town Clerk within 30 days of approval of the permit.
(9)
Applicants for permits for short-term rental properties shall be responsible for payment of fees and late charges as set by the Town Board from time to time in the Town of Southeast Fee Schedule.
§ 138-57 Kennels and animal hospitals.
[Amended 3-24-2011 by L.L. No. 4-2011]
Animal kennels and animal hospitals are subject to the following supplementary requirements:
A.
In issuing a special permit for animal kennels and animal hospitals, the Town Board shall stipulate the maximum number and type of animals to be boarded. That number shall be based on site conditions, the ability of the proposed facility to provide a safe and sanitary environment for the animals and their caretakers, and the ability to mitigate any potential noise, odor, or community character impacts.
B.
The Town Board may consider the number and size of animals to be sheltered and impose reasonable conditions to protect neighbors, aesthetic impact and animal safety in order to ensure the health, safety and general welfare of the community.
C.
No outdoor run shall be less than 100 feet from any lot line within a commercial zoning district, or 200 feet from any lot line that abuts a residential zoning district. No dogs shall be permitted in outdoor runs before 8:00 a.m. or after dark after 8:00 p.m. All dogs shall be leash walked and kept quiet while outside between the hours of 8:01 p.m. and 7:59 a.m.
D.
All kennels and animal hospitals shall comply with Chapter 96, "Noise," of the Code of the Town of Southeast.
E.
All boarding of dogs, or other customary household pets, shall be indoors. No outdoor commercial dog kennels are permitted.
F.
No animal waste or substance which produces noxious or offensive odor or dust shall be stored or permitted to accumulate within 200 feet from any lot line and 100 feet from any street, wetland, lake or stream. The animal waste storage area shall not create any offensive odors nor attract or harbor vermin, rodents, flies or other animals and shall be subject to the approval of the Planning Board. The Building Inspector or other Code Enforcement Officer shall retain the right to inspect the animal waste storage facility at any time due to improper handling or odor problems. If the Building Inspector or other Code Enforcement Officer determines that a problem does exist, he or she shall so notify the owner in writing and the owner must commence steps to rectify the situation within a timely fashion but not to exceed 30 days. If the problem is not rectified in a satisfactory manner, the Building Inspector or other Code Enforcement Officer may commence criminal proceedings against the owner or other person(s) responsible for such violation(s) and, upon a conviction thereof, such owner or other responsible person shall be liable for any and all fines and/or penalties applicable to violations of this chapter. If the situation is not rectified within 30 days from the date upon which the violation should have been rectified, the Town Board may commence any and all appropriate proceedings for revocation of the special permit. Such proceedings for revocation of the special permit.
§ 138-58 Motor vehicle service stations.
Motor vehicle service stations are subject to the following supplementary requirements:
A.
No stations shall be located closer than 200 feet to a school, public recreation area, church or hospital, measured to the lot lines thereof, nor closer than 300 feet to any watercourse, nor closer than 300 feet to any reservoir, nor closer than 1,000 feet to any other service station or automotive use. The one-thousand-foot distance from another service station or automotive use is to be measured from the closest building or proposed building locations.
[Amended 11-18-2004 by L.L. No. 16-2004]
B.
Access points shall be located a minimum of 100 feet from the intersection of designated street lines.
C.
Pumps shall not be located in any required yards. It is not the intent of this chapter to prevent preexisting motor vehicle stations from improving existing pumps for purposes of public safety and environmental protection.
[Amended 11-18-2004 by L.L. No. 16-2004]
D.
Screening. A ten-foot-wide landscaped area shall be provided along all motor vehicle service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points.
E.
Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:
(1)
All vehicles except one tow truck shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside in an approved parking spot for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled vehicles be outside of a building. No car, truck or trailer rentals or sales shall be permitted.
(2)
There shall be no outside storage or display of accessories, products, or portable signs.
[Amended 11-18-2004 by L.L. No. 16-2004]
(3)
Waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the facility. The area of such enclosure shall not exceed 200 square feet.
(4)
No repair work may be performed out of doors, with the exception of simple repairs that do not include the replacement of any fluid.
[Amended 11-18-2004 by L.L. No. 16-2004]
§ 138-59 Roadside stands.
Roadside stands are subject to the following supplementary requirements, notwithstanding the provisions of the local laws of the Town of Southeast on Christmas tree sales and peddling and soliciting.[1]
§ 138-60 General business; light manufacturing; storage; warehouses.
[Amended 6-24-2010 by L.L. No. 2-2010]
Commercial buildings to be used for the purpose of general business, light manufacturing or storage or as warehouses are subject to the following supplementary requirements:
A.
All buildings shall be of masonry or wood-frame construction on that portion of the building which faces on the street.
B.
Architectural plans and landscaping plans must be submitted to the Planning Board prior to any approval.
C.
Additional screening and/or planting must be provided around all storage areas if these storage areas face adjacent property and/or the street.
D.
All outdoor storage areas shall be delineated on the site plan. A fence, hedge, berm, and/or alternative pavement pattern shall be used as appropriate to clearly identify the permitted area for outside storage.
E.
Delivery hours shall be regulated by the special use permit and shall be noted on the site plan.
F.
Appropriate buffers between any component of the proposed use and adjoining properties, given the proposed use, the use of adjoining parcels, and the natural topography and vegetative cover, shall be established by the special and/or conditional use permit and shall be identified on the site plan.
G.
The Planning Board may increase the maximum footprint of a general business structure up to 50,000 square feet, provided that the following conditions are met:
§ 138-60.1 Fabric-covered storage structures.
[Added 12-15-2011 by L.L. No. 12-2011]
B.
Appropriate buffers and landscape screening between the fabric-covered storage structure and adjoining properties, given the proposed use, the use of adjoining parcels, and the natural topography and vegetative cover shall be established by the conditional use permit and shall be identified on a site plan or survey. Buffers shall not be less than the minimum yard requirements established by the underlying zoning district.
C.
Term of conditional use permit. A conditional use permit issued pursuant to § 138-60.1 shall be valid for a period of three years from the date that the permit is issued. A permit may be renewed by the property owner for additional three-year periods upon application to the Building Inspector, provided that all the conditions and requirements of the original conditional use permit are satisfied. Conditional use permits for fabric-covered structures shall be nontransferable, and shall expire upon the transfer of title of the property.
(1)
A fabric-covered storage structure shall be subject to inspection by the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer at any time. A finding of noncompliance with any condition or term of the permit shall result in the issuance of an order to remedy. The permit shall be revoked if the noncompliance is not corrected within the time period set forth in the order to remedy.
(2)
If, upon inspection by the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer, the fabric-covered storage structure is deemed uninhabitable, unsafe and/or beyond its useful life, the Building Inspector, Fire Code Inspector and/or Code Enforcement Officer may require the property owner to remove the fabric-covered structure and to seek a new conditional use permit from the Planning Board for the installation of a replacement fabric-covered structure if one is desired.
(3)
A copy of the original conditional use permit and of each renewal permit, signed by the owner of the property, shall be filed by the applicant with the Town Clerk within 30 days of approval of the permit.
D.
Fabric-covered storage structures and temporary agricultural structures used to support farm uses, as defined in § 138-4, that are located within a listed agricultural district are exempt from the requirements of this section.
E.
Fabric-covered storage structures shall comply with all applicable regulations within the New York State Building Code and New York State Fire Code.
§ 138-60.2 Self-storage facilities.
[Added 6-3-2021 by L.L. No. 2-2021]
A.
All buildings shall be of masonry or wood-frame construction on that portion of the building which faces on the street.
B.
Building colors shall be earth-toned.
C.
All self-storage units shall be accessible from the interior of the building. Exterior overhead garage style doors for individual storage units are prohibited.
D.
A minimum of 25% of the facade shall be translucent windows.
E.
Garage doors for individual storage units shall not be visible through exterior windows.
F.
Loading docks shall not face the primary street and shall be buffered from neighboring properties with fencing, a berm, and/or landscaping.
G.
No outdoor storage shall be permitted.
H.
Hours of operation shall be regulated by the special use permit and shall be noted on the site plan.
I.
Appropriate buffers between any component of the proposed use and adjoining properties, given the proposed use, the use of adjoining parcels, and the natural topography and vegetative cover, shall be established by the special use permit and shall be identified on the site plan.
J.
Self-storage shall only be permitted on Route 22.
§ 138-61 Fast-food eating establishments.
[Amended 11-18-2004 by L.L. No. 16-2004; 6-3-2021 by L.L. No. 2-2021]
Fast- food eating establishments, as defined in Article I of this chapter under "restaurant, fast-food," shall be subject to the following supplementary requirements:
A.
No fast- food business shall be located within 200 feet of a residential district line. Said 200 feet shall be measured from the nearest point of the building used or proposed for fast food.
B.
Adequate receptacles shall be provided for the deposit of all waste materials and the same shall be screened with planting or fencing from all adjacent property and streets.
C.
The Planning Board may limit lighting, signage or other outside activity such as drive-in services that would cause an adverse impact on adjacent nearby residential properties.
D.
The design of any fast-food establishment shall include materials and design elements in context with the Town's community character. The Planning Board/Architectural Review Board shall have the authority to request revisions to prototypical designs to ensure continued consistency of the Town's character and to avoid "placeless" architecture created by repetitive or iconic design.
E.
All applications for new drive-throughs shall be required to prepare a traffic impact analysis, including a queuing analysis, and traffic mitigation plan. Drive-throughs on Route 22 north of Interstate 684 shall have access to a fully signalized intersection. A new traffic signal may be installed if a traffic signal warrant study determines that a traffic signal is warranted and the New York State Department of Transportation grants approvals for the traffic signal. Unless signalized, entrances on Route 22 shall be right-turn in and right-turn out only with signage and striping to restrict left-turn access. Access to the signalized intersection can be provided via access easements across adjacent properties or through driveway exits onto county or Town roads that have a signalized intersection with Route 22.
§ 138-62 Landscape nurseries and commercial greenhouses.
A.
Within any residence district, landscape nurseries and commercial greenhouses may be permitted, provided that the following conditions are met:
(1)
The minimum lot area is that required by the zoning district in which it is located or two acres, whichever is larger. If the operation is conducted in conjunction with a residential use, the minimum lot area shall be that required for the residential use, plus two acres.
(2)
No structures used for nursery purposes, including greenhouses, shall be less than 75 feet from any property line.
(3)
Total floor area of all buildings used for nursery purposes shall not exceed 5% of the lot area. The floor area of all structures used as greenhouses shall not exceed 1,500 square feet. The Planning Board shall require such screening around or within all greenhouses as it deems necessary to prevent the dissemination of excessive light beyond the boundaries of the site.
(4)
No unenclosed storage equipment of malodorous or dust-producing substances shall be permitted.
(5)
No retail sale of goods or products shall be permitted, except those classes authorized by the Planning Board at the time of issuance of site plan approval. The Planning Board may, however, at the request of the owner who has received said site plan approval change or expand the classes of goods and products which are sold. In general, such classes shall be limited to trees, shrubs, flowers or other living plant material; plant and grass seeds; the fertilizers, mulches, soil conditioners, weed-control chemicals, etc., necessary for their propagation, nutriment and control; and seasonal decorative plant material, such as Christmas trees, wreaths, etc. It is not the intent of this subsection to permit the establishment of a garden furniture or garden hardware center.
B.
Exceptions.
(1)
Private gardens. The provisions of this section shall not apply to and no approval shall be required for the operation of a private, noncommercial garden or greenhouse for personal use only, none of the produce of which is offered for sale.
(2)
Wholesale nurseries. The provisions of this section shall not apply to wholesale nurseries or propagation nurseries at which no produce or other merchandise is offered for sale on the site to the general public. Such nurseries are deemed to be farms and shall be subject to any regulations of this chapter for farm use.
(3)
Garden centers, florists and landscape contractors in commercial zones. The provisions of this section shall not apply to garden centers which sell garden furniture, hardware or equipment or to retail florists, both of which are deemed to be business uses, or to landscape contractors' yards in which heavy equipment, such as earth-moving or similar machinery, is stored, which shall be deemed to be a light industrial use.
§ 138-63 Equestrian center.
An equestrian facility, as defined in Article I, § 138-4B, of this chapter under "equestrian center," shall govern the harboring of horses except those kept as an accessory use by the owner of a principal dwelling and shall be subject to the following supplementary requirements:
A.
Except as may be otherwise provided herein, the permitted use may not include any of the following:
(1)
Storage of horse vans except as may be accessory to the principal use.
(2)
Sale or rental of equipment.
(3)
Breeding of horses or any other uses generally relegated to a farm use, except as accessory to a permitted principal use in a manner approved by the Planning Board in its review of the management plan for the facility.
(4)
Public events, including horse shows, competitions and/or rodeos, except as permitted by the Planning Board.
B.
No such use shall be permitted on lots having less than 25 acres of land.
C.
The maximum number of horses permitted shall not exceed two horses for each acre of lot for the first five acres and four horses for each additional acre. One stall shall be provided for each horse. A maximum of one resident personnel for each 10 horses is permitted to reside overnight on the premises. A year-round residence shall be permitted for up to five facility managers and their households.
D.
The total floor area of all buildings devoted to this use shall not exceed 10% of the total lot area. The total paved area, including parking and vehicular circulation, shall not exceed an additional 5% of the total lot area. The total impervious coverage shall, therefore, not exceed 15% of the total lot area.
E.
All buildings devoted to this use shall be set back a minimum distance of 100 feet from any street line and 150 feet from all side and rear boundaries. The one-hundred-fifty-foot side and rear setback may be reduced to 100 feet by the Planning Board if a landscape plan is submitted that, in the Board's judgment, sufficiently buffers any adjacent property owners. All parking areas shall be set back a minimum distance of 50 feet from all property lines. Any public riding ring, corral fencing or other roofless enclosure for horses shall be located not less than 25 feet from any property lines and not less than 100 feet from any principal dwelling on any adjacent lot.
F.
No manure or substance which produces noxious or offensive odor or dust shall be stored or permitted to accumulate within 200 feet from any lot line and 100 feet from any street, wetland, lake or stream. The manure storage area shall not create any offensive odors nor attract or harbor vermin, rodents, flies or other animals and shall be subject to the approval of the Planning Board. The Building Inspector or other Code Enforcement Officer shall retain the right to inspect the manure storage facility at any time due to improper handling or odor problems. If the Building Inspector or other Code Enforcement Officer determines that a problem does exist, he or she shall so notify the owner in writing and the owner must commence steps to rectify the situation within a timely fashion but not to exceed 30 days. If the problem is not rectified in a satisfactory manner, the Building Inspector or other Code Enforcement Officer may commence criminal proceedings against the owner or other person(s) responsible for such violation(s) and, upon a conviction thereof, such owner or other responsible person shall be liable for any and all fines and/or penalties applicable to violations of this chapter. If the situation is not rectified within 30 days from the date upon which the violation should have been rectified, the Town Board may commence any and all appropriate proceedings for revocation of the special permit. Such proceedings for revocation of the special permit.
G.
Patron parking for the equestrian facility shall not be less than 1/2 space per stall, plus an additional 10% of the total parking required shall be provided for personnel and visitors. The parking area, roads and service areas shall blend into the surrounding context, and the Planning Board shall maintain the discretion during the site plan approval process to require alternative paving material's, groupings and landscaping.
H.
Exterior night lighting shall be permitted only to the extent necessary to provide animal care, general security and safety and shall be installed and arranged as to prevent any nuisance to adjoining properties and streets.
I.
The use of outdoor public-address systems is not permitted.
J.
The application to the Town Board shall set forth a management plan for the equestrian facility and shall include:
(1)
Transport, storage and disposal of the manure.
(2)
Storage of hay, feed or other food for the horses.
(3)
Maintenance of the horses, stables and other riding areas.
(4)
Removal of dead horses from the property.
(5)
Sanitary disposal facilities for the stables, residence and manure-storage facility.
(6)
Public hours and general schedule for the proposed facility.
K.
The Town Board, in considering the application, shall not grant the same unless it shall find that the application shall not:
L.
No building permit shall be granted until a site plan is submitted to and approved by the Planning Board in accordance with the site plan provisions of this Code.
M.
For any public event other than private polo competitions, club activities and events, a parking, traffic and management plan shall be presented to the Planning Board. Such plan shall estimate expected visitors, identify the parking area for the visitors, list the hours the event will be limited to and identify any police or traffic personnel associated with the event. The Planning Board must approve the event and the local law enforcement agencies must be given 48 hours' notice prior to the event.
N.
Accessory dining facilities and, notwithstanding the provisions of Subsection A(2) above, retail space shall be permitted but shall not, in total, exceed 4,000 square feet, with the portion devoted to retail space not to exceed 500 square feet. Such retail space is intended for the sale or rental of equipment to persons boarding their horses at the facility, members of their families and their guests, and the facility shall not solicit any business for the sale or rental of equipment from the general public.
§ 138-63.1 Car wash.
[Amended 12-20-2007 by L.L. No. 13-2007]
Automobile car wash facilities may be permitted by the Town Board in the HC-1 and SR22 Districts, subject to the following requirements:
A.
Such facilities shall not be located closer than 400 feet from any residential district boundary line, school, hospital, nursing home or other similar institutional use.
B.
Such facilities shall not be located closer than 1,000 feet from any other car wash, service station or automotive use.
C.
Each such facility shall provide waiting areas sufficient for the queuing of not fewer than 15 automobiles for each automatic car wash on the premises.
D.
Access shall be only from a county or state road, and proper provisions shall be made for safe ingress and egress.
[Amended 4-24-2003 by L.L. No. 7-2003]
E.
Disposal and the means of disposal of wash water shall be subject to approval by the Town Board and the Putnam County Health Department.
F.
Water conservation measures shall be employed so as to permit the recycling of at least 90% of the water utilized for the car washing process.
§ 138-63.2 Senior housing.
[Added 3-21-2002 by L.L. No. 2-2002; amended 10-9-2025 by L.L. No. 7-2025]
Senior housing may be permitted subject to the following requirements:
A.
Such property shall be serviced by a central sewage treatment plant and a central water supply system.
B.
Senior housing units may consist of multiple-dwelling units, single-family detached, or single-family attached dwelling units situated on a single lot or in a subdivision. No individual dwelling unit shall contain more than three bedrooms.
C.
Community facilities, such as fitness centers, walking trails, and community rooms, shall be provided which support and enhance the complex.
D.
Multiple-dwelling buildings with two or more stories shall be serviced with an elevator.
E.
Such property shall be serviced with an emergency generator that can support the refrigeration of medications and the running of medical devices. Such generator may be used to service a common area and is not required to be exclusive to an individual unit.
§ 138-63.3 Adult uses, nightclubs, pawnshops, pool or billiard halls and tattoo parlors.
[Added 4-24-2003 by L.L. No. 7-2003; amended 3-16-2006 by L.L. No. 4-2006]
No persons shall cause or permit the use, occupancy or establishment of any land, building or structure as or for an adult use, nightclub, pawnshop, pool or billiard hall or tattoo parlor unless a special permit, in accordance with Article X of this chapter, is received from the Town Board, subject to the special standards identified below.
A.
Purpose. The Town Board finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to a significant impact on the surrounding community. The Town Board further finds that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of Southeast in that they often result in influences on the community which increase the crime rate and undermine the economy, moral and social character of the community. To preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town, the Town intends to restrict the proximity of adult use establishments to churches, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas.
B.
Standards. Adult uses, nightclubs, pawnshops, pool or billiard halls, and tattoo parlors may be permitted by the Town Board in the HC-1 and SR22 Districts subject to the following requirements:
[Amended 12-20-2007 by L.L. No. 13-2007]
(1)
No more than one activity constituting an adult use shall be permitted on any lot.
(2)
No adult use shall be permitted in any building otherwise used in whole or part for residential purposes.
(3)
No adult use shall be permitted on any lot which is located within 1,000 feet of any other lot on which is located an adult use or nightclub, pawnshop, pool or billiard hall, and tattoo parlor. This distance shall be measured from the nearest property line of such use to the nearest property line of the proposed adult use.
(4)
No adult use shall be permitted on any lot which is located within 1,000 feet of any lot in any residential district. This distance shall be measured from the nearest property line of any residential district to the nearest public entrance door of the adult use premises.
(5)
No adult use shall be permitted on any lot which is located within 1,000 feet of any lot on which is located near a church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park. This distance shall be measured from the nearest property line of such above use to the nearest public entrance door of the adult use premises.
(6)
No adult use shall be permitted on any lot which is located within 1,000 feet of any school bus stop. This distance shall be measured from the nearest school bus stop to the nearest public entrance door of the adult use premises.
(7)
No adult use shall be permitted on any lot which is located within 1,000 feet of any commercial enterprise that customarily employs minors.
(8)
No adult use shall be permitted on any lot which is located within 1,000 feet of any establishment that sells or serves alcoholic beverages.
(9)
The proposed use shall meet all other requirements of the law of the Town of Southeast, including but not limited to district lot and bulk regulations, parking regulations and signage requirements.
(10)
It shall be a condition of any special permit issued for an adult entertainment use that no person under the age of 18 years shall be permitted into the premises.
(11)
Explicit messages or drawings on signs and/or the public display of explicit sexual material associated with any adult entertainment use is prohibited.
(12)
The Town Board may impose such terms and conditions upon the issuance of the special permit required hereunder as it deems appropriate to further the aims of this subsection, including but not limited to restrictions on advertising, outdoor displays and the location of merchandise.
C.
Effect on existing uses.
(1)
Any adult entertainment use lawfully in existence on the date on which the provisions of this section become effective shall be permitted to continue, provided that such use is registered with the Building Inspector within 30 days of the effective date of this section and it is established to the satisfaction of the Building Inspector that such use complies with all the requirements set forth herein.
(2)
Any adult entertainment use in existence on the date on which the provisions of this section become effective which fails to conform to the regulations herein shall be discontinued in accordance with the following amortization schedule:
Amount of Capital Investment (as of effective date of section) | Date Before Which Use Shall Terminate | |
|---|---|---|
$0 to $25,000 | September 1, 2006 | |
$25,001 to $50,000 | September 1, 2007 | |
$50,001 to $75,000 | September 1, 2008 | |
$75,001 to $100,000 | September 1, 2009 | |
$100,001 or more | September 1, 2010 |
§ 138-63.4 Large retail establishments.
[Added 7-12-2007 by L.L. No. 4-2007]
Large-scale establishments may be permitted by the Town Board in the HC-1 and GC-2 Districts, subject to the following requirements:
A.
Any parcel shall consist of not less than 35 acres and have access via a state or county road; and
B.
Any retail use in connection with any zoning lot shall be limited to a floor area ratio (FAR) not to exceed 0.15. All other dimensional standards for any parcel shall be the same as those contained in the Commercial Zoning Schedule for the HC-1 and GC-2 Zones except as they are superseded by the Town of Southeast Design Guidelines for Large Retail Establishments; and
C.
Design guidelines. All large retail establishments shall comply with the following Town of Southeast Design Guidelines for Large Retail Establishments. The Planning Board, when considering the site plan, and the Town Board, when considering the site plan and special permit, shall consider the application's conformance to these design guidelines in considering approval or denial of the application. Drawing L-1 shows a schematic layout for a large retail establishment showing, in general, a number of the design elements contained in these design guidelines.[1] Users of the design guidelines shall refer to this drawing and other drawings for clarification of the guidelines but not as a prescriptive site or building design. Table 1 provides a listing of preferred native plant species.
[Amended 2-26-2015 by L.L. No. 3-2015]
(1)
Site design.
(a)
Buffers.
[1]
All large retail establishments shall include a seventy-five-foot minimum environmental conservation buffer vegetated buffer along the entire frontage, with the exception of areas necessary for ingress or egress from the site. Stormwater management features may be included in the environmental conservation buffer as long as the margins of any such feature are planted with vegetation that will reach an appropriate height for screening proposed uses within 10 years.
[2]
An environmental conservation buffer of at least 50 feet in width shall be provided along side and rear property lines. Where a large retail establishment abuts a residential zoning district, a minimum one-hundred-foot environmental conservation buffer shall be provided along the boundary line, unless the Town Board determines that a larger buffer is required. No building containing a large retail establishment shall be closer than 250 feet to any residential use.
[3]
Existing mature vegetation shall be retained where feasible within the environmental conservation buffers and within the interior of the site.
[4]
New vegetation shall be planted to create a mix of species. Native species or species known to be tolerant to urban stressors (see Table 1) are preferred to nonnative species; although nonnative ornamental species may be used as accents.
[5]
If any significant habitat is found on-site, no disturbance shall occur within that area or within 100 feet of the area.
[6]
A vegetated berm not less than three feet in height and six feet in width at its top may be used where existing mature vegetation would not provide adequate screening.
[7]
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy, new plants of comparable size, type and quality at the beginning of the next immediately following growing season.
Table 1 Preferred Plant Species | ||
|---|---|---|
Common Name | Latin Name | |
TREES | ||
Within Perimeter Buffers: | ||
Black alder | Alnus glutinosa | |
Black gum | Nyssa sylvatica | |
Red maple | Acer rubrum | |
River birch | Betula nigra | |
Swamp white oak | Quercus bicolor | |
Sycamore | Platanus occidentalis | |
In Parking Lot Islands with Pedestrian Walkways: | ||
Red maple | Acer rubrum | |
In Parking Lot Islands without Pedestrian Walkways: | ||
Red maple | Acer rubrum | |
River birch | Betula nigra | |
SHRUBS | ||
Arrowwood viburnum | Vibumurn dentatum | |
Buttonbush | Cephalanthus occidentalis | |
Red chokeberry | Aronia arbutifolia | |
Red osier dogwood | Cornus sericea | |
Winterberry | Ilex verticillata | |
HERBACEOUS PLANTS | ||
Blue flag iris | Iris versicolor | |
Boneset | Eupatorium perfoliatum | |
Broomsedge | Andropogon virginicus | |
Cardinal flower | Lobelia cardinalis | |
Common three square | Scirpus pungens | |
Dense blazing star | Liatris cardinalis | |
Great blue lobelia | Lobelia siphilitica | |
Joe pye weed | Eupatorium fisulosum | |
Lance-leaved coreopsis | Coreopsis lanceolata | |
New York ironwood | Veronia noveboracensis | |
Obedient plant | Physostegia Virginia | |
Sweet flag | Acorus calamus | |
Soft rust | Juncus effuses | |
Switchgrass | Panicum virgatum | |
(b)
Building location (see below for further guidelines on building design).
[1]
Buildings shall be oriented on-site to avoid disturbance to sensitive natural and topographic features to the maximum extent practicable while presenting a "public face" to major roads.
[2]
Multiple buildings on a single site shall be oriented to achieve a unified character for the site. Individual buildings shall not be isolated by large expanses of parking lots in order to encourage safe pedestrian movement within the site.
(c)
Site access. Driveway entrances and exits onto any street shall be provided in such a manner that no undue traffic hazards or traffic congestion will be created. A minimum of two driveways shall be provided. Driveway entrances shall be spaced a minimum of 300 feet apart. Driveways shall not exceed 30 feet in width at the street line unless a greater width is required by the County of Putnam or State of New York.
(d)
Parking lots.
[1]
Large retail establishments that have more than ten-percent gross leasable area in dining or entertainment uses shall use the Urban Land Institute Shared Parking methodology to calculate appropriate parking requirements in place of the required 4.0 spaces per 1,000 square feet of gross floor area.
[2]
Any parking spaces provided above the required number shall be in a separate parking area utilizing a pervious paving technique (see Drawing L-1[2]). Alternatively, additional parking areas may be "land-banked" for future development, depending on use.
[2]
Editor's Note: Drawing L-1 is included at the end of this chapter.
[3]
All required parking shall be provided in parking areas that are designed and laid out to avoid uninterrupted stretches of paved surfaces. Parking areas may be separated from each other by drive aisles, pedestrian walkways, stormwater management facilities, or landscaped areas (see Drawing L-1). Parking areas to the rear or side of buildings are preferred to parking areas in front of (between the major street and any side of) a building. Rear entrances to tenant spaces shall be considered in the overall site design process. Underground or structured parking may be considered and shall not be included in gross floor area.
[4]
Individual parking stalls shall be nine feet by 18 feet except as required to meet Americans with Disabilities Act (ADA) requirements. Parking stalls in employee parking areas may be eight feet by 18 feet.
[5]
Parking areas shall have a minimum ten-foot-wide, curbed planting island around the perimeter, with appropriate gaps for vehicular access. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Planted bioswales may be substituted for raised parking islands (see Drawings LD-4, LD-5, and LD-6[3]).
[3]
Editor's Note: Drawings LD-4, LD-5 and LD-6 are included at the end of this chapter.
[6]
Large parking areas of 50 spaces or more shall have additional planting islands a minimum of eight feet in width within the parking area between every second parking module (defined as a sixty-foot-wide area containing two rows of parking separated by a drive aisle).
[7]
There shall be a provision for separate pedestrian flow to a building entrance(s) outside of drive aisles for each parking area.
[8]
Twenty-five percent of calculated required parking shall be provided in a designated employee-only parking area that utilizes a pervious paving technique. Where possible, this parking area shall be located to the rear of any building(s).
[9]
Twenty-five percent of calculated required parking shall be provided in an overflow area that shall be physically separated from other parking areas by lawn or other vegetated area.
[10]
At least one tree, not less than three inches in caliper measured three feet above ground level at time of planting, shall be provided within a planting island for each 10 parking spaces in the parking area (see Drawing LD-3[4]).
[4]
Editor's Note: Drawing LD-3 is included at the end of this chapter.
[11]
Bicycle parking racks shall be provided in a location no further than 200 feet from a building entrance and not to the rear of any building.
(e)
Circulation to adjoining parcels.
[1]
Where a large retail establishment adjoins another parcel with existing commercial development, every opportunity for connecting parking areas and/or driveways shall be explored to avoid separate curb-cuts onto major roads.
[2]
Where a large retail establishment adjoins a vacant commercially zoned parcel, a stub driveway shall be established in a location conducive to creating a future internal connection point.
(f)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway, square, or plaza) shall be integrated into the overall site plan to provide meaningful circulation and seating areas.
[2]
Pedestrian amenities such as seating or dining areas, fountains, gazebos, kiosks, or other such features shall be provided in any square or plaza. Amenities associated with public transit or bicycle use (bus waiting shelter, information kiosk with bus schedule, bicycle racks, or taxi waiting area) shall be incorporated into public spaces on the site.
[3]
A pedestrian walkway shall be a minimum of 10 feet in width and shall have street trees planted 40 feet on center at a minimum (not less than three inches in caliper measured three feet above ground level at time of planting) (see Drawing LD-3). Pedestrian walkways offering access between buildings and/or providing access to rear parking areas are not required to have planting areas or street trees.
[4]
A square or plaza shall be a minimum of 30 feet in any dimension and shall include a vegetated area covering a minimum of 50% of the total area when any one linear dimension of the square or plaza equals or exceeds 50 feet (see Drawings L-2, L-3, and LD-1[5]). (Pedestrian walkways shall not be required to meet this standard.)
[5]
Editor's Note: Drawings L-2, L-3 and LD-1 are included at the end of this chapter.
[5]
Buildings shall be designed to have a front facade that has at least one principal functional entry from a pedestrian walkway, square, or plaza.
[6]
No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[7]
Pedestrian walkways, squares, or plazas shall provide continuous pedestrian flow throughout the site and shall provide protected access through a designated crosswalk or walkway between building entrances and all parking areas.
[8]
Pedestrian walkways, squares, and plazas shall be integrated into the overall landscaping and lighting plans for the site.
[9]
Pedestrian walkways and other surface areas of paving material shall offer a variety of pigments and textures that are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped. Pervious surfaces shall be used wherever practicable to minimize the need for stormwater infrastructure.
(g)
Loading and refuse collection areas. All loading and refuse collection areas shall be screened from public views from primary driveways and pedestrian walkways, squares, or plazas and shall not be located along the front facade of any building or within any parking area. Loading and refuse collection areas shall be internal to a structure to the extent possible.
(h)
Signage. All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
(i)
Lighting. A site lighting plan shall be provided in conformance with Article XIII of this chapter. Pedestrian-scale lighting fixtures shall be provided in parking areas and along pedestrian walkways and in squares or plazas.
(j)
Storage of merchandise.
(2)
Building design.
(a)
Building size. Large single-use buildings are to be avoided. Where a large tenant is considered, the same building shall include several smaller tenants with separate exterior access to balance the scale of the larger tenant and to facilitate improved building design. In all cases, all buildings shall comply with the design parameters set forth herein.
(b)
Building height. Buildings may be one or two stories to a maximum height of 35 feet. Vertical elements such as clock towers, cupolas, or other architectural embellishments may extend the total height of the building but shall be no greater than 50 feet in height (see Drawing LD-2[6]).
[6]
Editor's Note: Drawing LD-2 is included at the end of this chapter.
(c)
Building style. Buildings shall be designed to be compatible with buildings in the surrounding area, but in all cases shall be of high-quality design and materials. Colonial or classic design style is considered appropriate for any location within the Town of Southeast. Examples of the types of architecture compatible with the Town's vision are shown in the Typology of Architecture pages included at the end of this chapter. These images are not prescriptive but do show what is preferred.
(d)
Building facades and materials.
[1]
Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use as well as to help achieve the planned pedestrian scale using features such as:
[a]
The height of cornices, lintels and sill levels, articulated floor levels and other horizontal building features.
[b]
The spacing and proportion of columns, piers and other elements of the basic structural grid.
[c]
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
[d]
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
[2]
Blank wall exposures shall be limited. No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[3]
The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall plane and/or in facade elements such as window openings and balconies.
[c]
Use of horizontal projections or recesses in the building facade such as bay windows, cornices, balustrades, etc.
[d]
Use of pitched roofs and other roof elements such as cross gables, dormer windows, turrets, and clock towers to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.
[4]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their front facade.
[5]
Building facades shall be architecturally articulated horizontally so that there are breaks in the facade plane where building entrances, windows, or landscaped areas may be located.
[6]
Building facades shall be architecturally articulated vertically to define a pedestrian scale along any pedestrian walkway, square, or plaza. Arcades, awnings, rooflines or eave lines, or second-story windows may be used to define the pedestrian scale. [Any awning, roof, or eave that extends above a pedestrian walkway, square, or plaza shall have a minimum clear height (height from sidewalk to the bottom of any awning, roof, or eave) of eight feet six inches and a maximum clear height of 10 feet above the sidewalk and shall extend beyond the building face a minimum of five feet.]
[7]
All buildings shall have an appropriate rhythm of entrances and windows consistent with the overall size of the building and orientation to any pedestrian walkways, squares, or plazas.
[8]
Exterior cladding shall be consistent with the overall building style and shall include a variety of colors and textures to help articulate the main facades.
(e)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of 8:12) are preferred to flat roofs with parapets. On larger buildings, a variety of rooflines shall be used to break up the horizontal extent of the building. Where parapets are used, the parapet shall be provided along each facade. Parapet height is limited to 10 feet above the flat roof.
[2]
Where flat roofs are required due to building size, roofing materials having a solar reflectance index (SRI) equal to or greater than the values in the table below for a minimum of 75% of the roof surface shall be used or a green roof on at least 50% of the roof area shall be used.
Roof Type | Slope | SRI | |
|---|---|---|---|
Low-sloped roof | Less than or equal to 2:12 | 78 | |
Steep-sloped roof | Greater than 2:12 | 29 |
(f)
Building materials.
[1]
While synthetic materials may be acceptable, natural building materials, including, but not limited to, clapboard and shingle siding, brick, stone, glass, or glass block, are preferred and encouraged over synthetic materials. Generic, unadorned concrete masonry units (CMUs) shall not be used as a primary exposed building material on any facade. CMUs with any type of variegated surface (e.g., architectural block or split-faced CMUs) are permitted but shall not comprise the majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
[3]
Windows and doors shall be trimmed with wood or stone a minimum of four inches in width.
(g)
Mechanical equipment. All HVAC or similar equipment shall be screened from ground-level views and views from any roads or adjoining properties at a higher elevation.
[1]
Editor's Note: Drawing L-1 is included as an attachment to this chapter.
D.
The developer shall provide adequate proof to the Town Board, prior to the issuance of any certificate of occupancy, that the developer has contracted with a private security company for the purpose of patrolling the premises for the safety and security of its customers, employees and business invitees and to ensure that the premises do not become a focal point for loitering or vagrancy. Such contract, or replacements thereof, shall remain in full force and effect during the occupancy of any premises developed hereunder. Failure to adequately maintain security services for the premises shall result in the revocation of any certificate of occupancy by the Town of Southeast.
E.
The Town Board may require the inclusion of any of the foregoing conditions in a declaration of restrictive covenants executed in recordable form and to be recorded by the applicant/owner as a condition of any special permit approval.
F.
Adjustment of regulations. The Town Board may permit minor modifications or waivers of the provisions set forth at §§ 138-12I and 138-15.1 as it deems appropriate, except that modifications or waivers of § 138-15.1 are limited to three feet in height for fill or cut slopes, and one foot in height per wall, 10%, upon balancing important concerns of the community's health, safety and welfare, including: consistency with the Town of Southeast Comprehensive Plan; economic development; harmony of uses with the immediate area; impacts upon quality of life for neighboring residential areas; and mitigation of any adverse environmental impacts. In granting any modification or waiver, the Town Board may attach such conditions as are, in its judgment, necessary to secure substantially the objectives of the standards or requirements so modified or waived.
[Added 2-26-2015 by L.L. No. 3-2015]
§ 138-63.5 Retail.
[Added 7-12-2007 by L.L. No. 4-2007]
Retail uses are subject to the following building design guidelines:
A.
Maximum building height: two stories, not to exceed 35 feet.
B.
Maximum gross floor area for any one parcel: 49,999 square feet.
C.
All applications shall submit site plans and building elevations to the Architectural Review Board.
D.
Compatibility with neighboring structures.
(1)
Buildings shall be harmonious and compatible with neighboring structures in terms of the following exterior design elements:
(a)
The nature and use of surface materials. Natural building products, including, but not limited to, clapboard and shingle siding, brick, or stone, are preferred over synthetic materials.
(b)
The height of cornices, lintels and sill levels, articulated floor levels and other horizontal building features.
(c)
The spacing and proportion of columns, piers and other elements of the basic structural grid.
(d)
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
(e)
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
(f)
Treatment, screening and/or enclosure of all utility and mechanical installations. All HVAC equipment shall be screened from ground-level views and views from any roads or adjoining properties at a higher elevation.
(2)
The Architectural Review Board shall have the authority to request revisions to prototypical designs to ensure continued consistency of the Town's character and to avoid "placeless" architecture created by repetitive or iconic design.
E.
Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use as well as to help achieve the planned pedestrian scale. Blank wall exposure shall be limited.
F.
The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:
(1)
Variation in roof heights.
(2)
Changes in the predominant wall plane and/or in facade elements such as window openings and balconies.
(3)
Use of horizontal projections or recesses in the building facade such as bay windows, cornices, balustrades, etc.
(4)
Use of pitched roofs and other roof elements such as cross gables, dormer windows, turrets, and clock towers to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.
(5)
To encourage use of an articulated roof line, building height shall be measured to the top of the main building roof and shall not include decorative roof elements (such as gables, dormers, turrets, clock towers, or mansards). Decorative roof elements may not exceed 15 feet in height above the main building roof.
G.
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
H.
A coordinated landscape plan shall be prepared by all applicants before the Planning Board incorporating the landscape treatment of open spaces, walkways, access roads and parking areas (see § 138-50) into a cohesive and integrated design. Attractively landscaped open spaces, plazas and recreational areas, designed as gathering places and intended for maximum usability by on-site users and workers, shall be provided in appropriate locations. All open spaces, pedestrian walkways, parking areas and access drives shall be planned as an integral part of the overall site design, properly relating to existing and proposed buildings.
I.
The coordinated landscape plan shall include a mix of shade trees and other plant materials, such as ground cover and shrubs, with proper regard to factors such as microclimate, function of area, existing plantings and required maintenance in determining the species, scale and planting pattern. Native species are preferred; however, nonnative ornamental species may be considered if their hardiness to urban conditions makes them the preferred species over a similar native species.
J.
Walkways and other surface areas of paving material shall offer a variety of pigments and textures which are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped. Pervious surfaces shall be used wherever practicable to minimize the need for stormwater infrastructure.
K.
Walkways shall be planted with regularly spaced salt-tolerant shade trees selected with regard to the scale of the area in which they are located as well as the height and spacing of street lighting.
L.
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy, new plants of comparable size, type and quality at the beginning of the next immediately following growing season.
M.
All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
§ 138-63.6 Special Route 22 Area District.
[Added 12-20-2007 by L.L. No. 13-2007; amended 6-3-2021 by L.L. No. 2-2021]
A.
All applications for development within the Special Route 22 Area District shall require site plan approval in compliance with Article IX, Site Plan Review and Approval, and shall require conditional use or special permit approval from the Planning or Town Board, respectively, in compliance with this section. The provisions of § 138-63.5, Retail, are specifically superseded by this section for any retail use proposed in the Special Route 22 Area District but remain in effect for any retail use proposed in any other zoning district.
B.
Dimensional standards. All new construction shall be designed to be consistent with the Route 22 Area Master Plan and Aerial View, but in no case shall overall floor area ratio for a parcel exceed 0.25, and building height shall not exceed 45 feet. The Planning Board for conditional use permits or the Town Board for special permits may allow anchor tenants exceeding 50,000 square feet in gross floor area, subject to the provisions of § 138-63.6C(2)(a)[1], when the Board determines that such a use will be necessary to ensure the viability of commercial activity within the Special Route 22 Area District. Such a larger use may only be considered as part of an integrated master plan that implements a substantial majority of the Route 22 Area Master Plan.
C.
Design guidelines. All uses within the Special Route 22 Area District shall be consistent with the design intent of the Route 22 Area Master Plan Conceptual Building Elevations and Conceptual Streetscape to the greatest extent practicable given natural resources constraints. In addition, the Planning Board, when considering design elements relevant to the site plan and conditional use permit, and the Town Board, when considering overall design of a project relevant to the special permit, shall consider the application's conformance to the following design guidelines in considering approval or denial of the application. In any case where any provision within these design guidelines appears to conflict with the Route 22 Area Master Plan drawings, the Town Board shall have the sole authority to consider which provision shall apply.
(1)
Site design.
(a)
Building location.
[1]
Buildings shall be oriented on site to avoid disturbance to sensitive natural and topographic features to the maximum extent practicable while presenting a "public face" to major roads.
[2]
Multiple buildings on a single site shall be oriented to achieve a unified character for the site. Individual buildings shall not be isolated by large expanses of parking lots in order to encourage safe pedestrian movement within the site.
(b)
Site access.
[1]
Driveway entrances and exits onto any street shall be provided in such a manner that no undue traffic hazards or traffic congestion will be created. Interconnections between properties and/or shared driveways shall be provided wherever possible. Driveway entrances on Route 22, where provided, shall be spaced a minimum of 300 feet apart. Driveways shall not exceed 30 feet in width at the street line, unless a greater width is required by the County of Putnam or State of New York.
[2]
Implementation of the Special Route 22 Area District shall follow the Route 22 Collector Road Alignment as indicated in the Town of Southeast Comprehensive Plan.
(c)
Parking lots.
[1]
Parking rates shall be calculated using the Urban Land Institute Shared Parking Methodology to calculate appropriate parking requirements for proposed uses.
[2]
Any parking spaces provided above the required number shall be in a separate parking area utilizing a pervious paving technique. Alternatively, additional parking areas may be "landbanked" for future development depending on use.
[3]
All required parking shall be provided in parking areas that are designed and laid out to avoid uninterrupted stretches of paved surfaces. Parking areas may be separated from each other by drive aisles, pedestrian walkways, stormwater management facilities, or landscaped areas. Parking areas to the rear or side of buildings are preferred to parking areas in front of (between the major street and any side of) a building. Rear entrances to tenant spaces shall be considered in the overall site design process. Underground or structured parking may be considered and shall not be included in gross floor area.
[4]
Individual parking stalls shall be nine feet by 18 feet, except as required to meet Americans with Disabilities Act (ADA) requirements. Parking stalls in employee parking areas may be eight feet by 18 feet.
[5]
Parking areas shall have a minimum ten-foot-wide curbed planting island around the perimeter with appropriate gaps for vehicular access. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Planted bioswales may be substituted for raised parking islands.
[6]
Large parking areas of 50 spaces or more shall have additional planting islands a minimum of eight feet in width within the parking area between every second parking module (defined as a sixty-foot-wide area containing two rows of parking separated by a drive aisle).
[7]
There shall be a provision for separate pedestrian flow to building entrance(s) outside of drive aisles for each parking area.
[8]
Twenty-five percent of calculated required parking shall be provided in a designated employee-only parking area that utilizes a pervious paving technique. Where possible, this parking area shall be located to the rear of any building(s).
[9]
Twenty-five percent of calculated required parking shall be provided in an overflow area that shall be physically separated from other parking areas by lawn or other vegetated area.
[10]
At least one tree, not less than three inches in caliper, measured three feet above ground level at time of planting, shall be provided within a planting island for each 10 parking spaces in the parking area.
[11]
Bicycle parking racks shall be provided in a location no further than 200 feet from a building entrance and not to the rear of any building.
(d)
Circulation to adjoining parcels.
[1]
Where any use adjoins another parcel with existing commercial development, every opportunity for connecting parking areas and/or driveways shall be explored to avoid separate curb cuts onto major roads.
[2]
Where any use adjoins a vacant commercially zoned parcel, a stub driveway shall be established in a location conducive to creating a future internal connection point.
(e)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway, square, or plaza) shall be integrated into the overall site plan to provide meaningful circulation and seating areas.
[2]
Pedestrian amenities, such as seating or dining areas, fountains, gazebos, kiosks, or other such features, shall be provided in any square or plaza. Amenities associated with public transit or bicycle use (bus waiting shelter, information kiosk with bus schedule, bicycle racks, or taxi waiting area) shall be incorporated into public spaces on the site.
[3]
A pedestrian walkway shall be a minimum of 10 feet in width and shall have street trees planted 40 feet on center at a minimum (not less than three inches in caliper measured three feet above ground level at time of planting). Pedestrian walkways offering access between buildings and/or providing access to rear parking areas are not required to have planting areas or street trees.
[4]
A square or plaza shall be a minimum of 30 feet in any dimension and shall include a vegetated area covering a minimum of 50% of the total area when any one linear dimension of the square or plaza equals or exceeds 50 feet. (Pedestrian walkways shall not be required to meet this standard.)
[5]
Building(s) shall be designed to have a front facade that has at least one principal functional entry from a pedestrian walkway, square, or plaza.
[6]
No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[7]
Pedestrian walkways, squares, or plazas shall provide continuous pedestrian flow throughout the site and shall provide protected access through a designated crosswalk or walkway between building entrances and all parking areas.
[8]
Pedestrian walkways, squares, and plazas shall be integrated into the overall landscaping and lighting plans for the site.
[9]
Pedestrian walkways and other surface areas of paving material shall offer a variety of pigments and textures that are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped. Pervious surfaces shall be used wherever practicable to minimize the need for stormwater infrastructure.
(f)
Loading and refuse collection areas.
[1]
All loading and refuse collection areas shall be screened from public views from primary driveways and pedestrian walkways, squares, or plazas and shall not be located along the front facade of any building or within any parking area. Loading and refuse collection areas shall be internal to a structure to the extent possible.
(g)
Signage.
[1]
All signs shall be carefully integrated with other site design elements. Signs shall be designed so that they are visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window. Signs must comply with the provisions in Article XII of this chapter.
(i)
Storage of merchandise.
(2)
Building design.
(a)
Building size.
[1]
Large single-use buildings are to be avoided. Where a large tenant is considered, the same building shall include several smaller tenants with separate exterior access to balance the scale of the larger tenant and to facilitate improved building design.
(b)
Building height.
[1]
Buildings may be one or two stories to a maximum height of 45 feet. Vertical elements such as clock towers, cupolas, or other architectural embellishments may extend the total height of the building but shall be no greater than 50 feet in height.
(c)
Building style.
[1]
Buildings shall be designed to be consistent with the Special Route 22 Area Master Plan and in all cases shall be of high-quality design and materials.
(d)
Building facades and materials.
[1]
Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use as well as to help achieve the planned pedestrian scale using features such as:
[a]
The height of cornices, lintels and sill levels, articulated floor levels and other horizontal building features.
[b]
The spacing and proportion of columns, piers and other elements of the basic structural grid.
[c]
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
[d]
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
[2]
Blank wall exposures shall be limited. No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[3]
The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall plane and/or in facade elements, such as window openings and balconies.
[c]
Use of horizontal projections or recesses in the building facade, such as bay windows, cornices, balustrades, etc.
[d]
Use of pitched roofs and other roof elements, such as cross gables, dormer windows, turrets, and clock towers, to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.
[4]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their front facade.
[5]
Building facades shall be architecturally articulated horizontally so that there are breaks in the facade plane where building entrances, windows, or landscaped areas may be located.
[6]
Building facades shall be architecturally articulated vertically to define a pedestrian scale along any pedestrian walkway, square, or plaza. Arcades, awnings, rooflines or eave lines, or second-story windows may be used to define the pedestrian scale. [Any awning, roof, or eave that extends above a pedestrian walkway, square, or plaza shall have a minimum clear height (height from the sidewalk to the bottom of any awning, roof, or eave) of eight feet six inches and a maximum clear height of 10 feet above the sidewalk and shall extend beyond the building face a minimum of five feet.]
[7]
All buildings shall have an appropriate rhythm of entrances and windows consistent with the overall size of the building and orientation to any pedestrian walkways, squares, or plazas.
[8]
Exterior cladding shall be consistent with the overall building style and shall include a variety of colors and textures to help articulate the main facades.
(e)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of 8:12) are preferred to flat roofs with parapets. On larger buildings, a variety of rooflines shall be used to break up the horizontal extent of the building. Where parapets are used, the parapet shall be provided along each facade. Parapet height is limited to 10 feet above the flat roof.
[2]
Where flat roofs are required due to building size, roofing materials having a solar reflectance index (SRI) equal to or greater than the values in the table below for a minimum of 75% of the roof surface shall be used or a green roof on at least 50% of the roof area shall be used.
Roof Type | Slope | SRI |
|---|---|---|
Low-sloped roof | Less than or equal to 2:12 | 78 |
Steep-sloped roof | Greater than 2:12 | 29 |
(f)
Building materials.
[1]
While synthetic materials may be acceptable, natural building materials, including but not limited to clapboard and shingle siding, brick, stone, glass, or glass block are preferred and encouraged over synthetic materials, Generic, unadorned concrete masonry units (CMUs) shall not be used as a primary exposed building material on any facade. CMUs with any type of variegated surface (e.g., architectural block or split-faced CMUs) are permitted but shall not comprise the majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
[3]
Windows and doors shall be trimmed with wood or stone a minimum of four inches in width.
D.
The developer shall provide adequate proof to the Town Board, prior to the issuance of any certificate of occupancy, that the developer has contracted with a private security company for the purpose of patrolling the premises for the safety and security of its customers, employees and businesses invitees and to ensure that the premises do not become a focal point for loitering or vagrancy. Such contract, or replacements thereof, shall remain in full force and effect during the occupancy of any premises developed hereunder. Failure to adequately maintain security services for the premises shall result in the revocation of any certificate of occupancy by the Town of Southeast.
E.
The Town Board may require the inclusion of any of the foregoing conditions in a declaration of restrictive covenants executed in recordable form and to be recorded by the applicant/owner as a condition of any special permit approval.
§ 138-63.7 Parking facility.
[Added 7-24-2014 by L.L. No. 1-2014]
Parking facilities may be permitted by the Town Board in the ED Zoning District, subject to the following requirements:
A.
Such facility shall be located in an ED District and proximate to a train station (within 1/2 mile by road).
B.
Such facility shall constitute the principal use on the lot, with compatible, small-scale retail activities as allowed accessory uses.
C.
Such facility shall provide a direct pedestrian walkway connection to a train station or bus depot, or at least one covered pedestrian waiting area and a regular jitney service to a train station or bus depot.
D.
Proper provisions shall be made for safe and convenient ingress and egress.
E.
Such facility shall be designed and constructed in accordance with dimensional criteria in the Commercial Zoning Schedule applicable to the zone, except that the minimum lot size shall be five acres. The use shall be landscaped, screened and buffered as the approving agency deems necessary to meet the standards of § 138-50.
F.
In considering any parking garage, the approving agency shall particularly examine the location, configuration and arrangement of ventilation machinery and equipment, and shall consider the potential noise and emissions therefrom.
G.
Site lighting shall meet the standards of § 138-104. The approving agency shall consider the effect, if any, of headlights of vehicles as well as the lighting of the parking facility upon adjoining and nearby residential uses.
H.
The Planning Board, at its discretion, may waive the minimum parking space dimensions, subject to the following:
§ 138-63.8 Special Route 6 Area District.
[Added 8-20-2015 by L.L. No. 7-2015]
A.
All applications for development within the Special Route 6 Area District shall require site plan approval in compliance with Article IX, Site Plan Review and Approval.
B.
Design guidelines. The Planning Board, when considering design elements relevant to the site plan and conditional use permit, and the Town Board, when considering overall design of a project relevant to the special permit, shall consider the application's conformance to the following design guidelines in considering approval or denial of the application.
(1)
Site design.
(a)
Building location.
[1]
Buildings shall be oriented on site to avoid disturbance to sensitive natural and topographic features to the maximum extent practicable while presenting a "public face" to major roads and public trailways.
[2]
Multiple buildings on a single site shall be oriented to achieve a unified character for the site. Individual buildings shall not be isolated by large expanses of parking lots in order to encourage safe pedestrian movement within the site.
(b)
Site access.
[1]
Driveway entrances and exits onto any street shall be provided in such a manner that no undue traffic hazards or traffic congestion will be created. Interconnections between properties and/or shared driveways shall be provided wherever possible. Where new development is proposed next to vacant land a stub end street shall be provided to allow for a future connection between the properties. Driveway entrances on Route 6, where provided, shall be spaced a minimum of 300 feet apart. Driveways shall not exceed 30 feet in width at the street line unless a greater width is required by the County of Putnam or State of New York.
(c)
Screening.
[1]
Outside storage, and the overnight parking of vehicles or trucks, shall be screened from public view by a landscaped berm, evergreen landscaping, and/or fencing to the greatest extent practicable. In reviewing the proposed screening, the Planning Board and ARB should consider the following:
[a]
Width of area between the road and the parking area, and the suitability of fencing versus a berm or other landscaping;
[b]
Potential damage from road salt and/or plowing during the winter months;
[c]
The long-term viability of the proposed plantings for a particular location; and
[d]
A mix of deciduous and evergreen plantings may be preferable for certain locations.
[2]
Chain link fencing with plastic privacy slats or similar shall be prohibited.
[3]
All applications for redevelopment or amended site plan approval for properties with existing outside storage areas shall be required to screen and/or relocate outside storage areas to the portions of the property least visible from public roadways, public trailways, or residential properties. The Town/Planning Board may require the reduction in the square feet of outside storage to accommodate appropriate screening measures such as landscaped berms.
(d)
Parking lots.
[1]
All required parking shall be provided in parking areas that are designed and laid out to avoid uninterrupted stretches of paved surfaces. Parking areas may be separated from each other by drive aisles, pedestrian walkways, stormwater management facilities, or landscaped areas. Parking areas to the rear or side of buildings are preferred to parking areas in front of (between the major street and any side of) a building. Rear entrances to tenant spaces shall be considered in the overall site design process. Underground or structured parking may be considered and shall not be included in gross floor area.
[2]
Parking areas shall have a minimum eight-foot-wide, curbed planting island around the perimeter with appropriate gaps for vehicular access. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shade-less expanse of a large parking area. Planted bio-swales may be substituted for raised parking islands.
[3]
Large parking areas of 50 spaces or more shall have additional planting islands a minimum of eight feet in width within the parking area between every second parking module (defined as a sixty-foot-wide area containing two rows of parking separated by a drive aisle).
[4]
There shall be a provision for separate pedestrian flow to building entrance(s) outside of drive aisles for each parking area.
[5]
At least one tree, not less than three inches in caliper measured three feet above ground level at time of planting, shall be provided within a planting island for each 10 parking spaces in the parking area.
[6]
Bicycle parking racks shall be provided in a location no further than 200 feet from a building entrance and not to the rear of any building.
[7]
Where feasible and appropriate, connections to the Putnam County Trailway shall be provided.
(e)
Circulation to adjoining parcels.
[1]
Where any use adjoins another parcel with existing commercial development, every opportunity for connecting parking areas and/or driveways shall be explored to avoid separate curb cuts onto major roads.
[2]
Where any use adjoins a vacant commercially zoned parcel, a stub driveway shall be established in a location conducive to creating a future internal connection point.
(f)
Pedestrian environment.
[1]
Pedestrian-scale public spaces (pedestrian walkway, square, or plaza) shall be integrated into the overall site plan to provide meaningful circulation and seating areas.
[2]
Pedestrian amenities such as seating or dining areas, fountains, gazebos, kiosks, or other such features shall be provided in any square or plaza. Amenities associated with public transit or bicycle use (bus waiting shelter, information kiosk with bus schedule, bicycle racks, or taxi waiting area) shall be incorporated into public spaces on the site.
[3]
Building(s) shall be designed to have a front facade that has at least one principal functional entry from a pedestrian walkway, square, or plaza.
[4]
No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[5]
Pedestrian walkways, squares, or plazas shall provide continuous pedestrian flow throughout the site and shall provide protected access through a designated crosswalk or walkway between building entrances and all parking areas.
[6]
Pedestrian walkways, squares, and plazas shall be integrated into the overall landscaping and lighting plans for the site.
[7]
Pedestrian walkways and other surface areas of paving material shall offer a variety of pigments and textures that are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped. Pervious surfaces shall be used wherever practicable to minimize the need for stormwater infrastructure.
(g)
Loading and refuse collection areas.
[1]
All loading and refuse collection areas shall be screened from public views from primary driveways and pedestrian walkways, squares, or plazas and shall not be located along the front facade of any building or within any parking area. Loading and refuse collection areas shall be internal to a structure to the extent possible.
(h)
Storage of merchandise.
[1]
Any areas intended for storage or display of merchandise shall be identified on the site plan and shall be approved by the Town/Planning Board as part of the special permit/site plan review process. The storage or display area shall be clearly delineated on the property through pavement treatments, landscaping, and/or fencing.
[2]
No merchandise shall be displayed or stored on the sidewalk.
[3]
Vending machines, ice machines, newspaper boxes, or similar equipment may not be located outside of any building.
(2)
Building design.
(a)
Buildings may be one or two stories to a maximum height of 30 feet. Vertical elements such as clocktowers, cupolas, parapets, or other architectural embellishments may extend the total height of the building but shall be no greater than 50 feet in height.
(b)
Building facades and materials.
[1]
Buildings shall be of high-quality design and materials.
[2]
Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use as well as to help achieve the planned pedestrian scale using features such as:
[a]
The height of cornices, lintels and sill levels, articulated floor levels and other horizontal building features.
[b]
The spacing and proportion of columns, piers and other elements of the basic structural grid.
[c]
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
[d]
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
[3]
Blank wall exposures shall be limited. No ground-level facade shall have blank (without doors or windows) walls longer than 50 feet along any pedestrian walkway, square, or plaza. Public art installations such as murals are exempt from this requirement.
[4]
The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:
[a]
Variation in roof heights.
[b]
Changes in the predominant wall plane and/or in facade elements such as window openings and balconies.
[c]
Use of horizontal projections or recesses in the building facade such as bay windows, cornices, balustrades, etc.
[d]
Use of pitched roofs and other roof elements such as cross gables, dormer windows, turrets, and clocktowers to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.
[5]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their front facade.
[6]
Building facades shall be architecturally articulated horizontally so that there are breaks in the facade plane where building entrances, windows, or landscaped areas may be located.
[7]
Building facades shall be architecturally articulated vertically to define a pedestrian scale along any pedestrian walkway, square, or plaza. Arcades, awnings, roof- or eave-lines, or second-story windows may be used to define the pedestrian scale. [Any awning, roof, or eave that extends above a pedestrian walkway, square, or plaza shall have a minimum clear height (height from sidewalk to the bottom of any awning, roof, of eave) of eight feet six inches and a maximum clear height of 10 feet above the sidewalk and shall extend beyond the building face a minimum of five feet].
[8]
All buildings shall have an appropriate rhythm of entrances and windows consistent with the overall size of the building and orientation to any pedestrian walkways, squares, or plazas.
[9]
Exterior cladding shall be consistent with the overall building style and shall include a variety of colors and textures to help articulate the main facades.
(c)
Building roofs.
[1]
Fully enclosed gabled roofs (minimum pitch of 8:12) are preferred to flat roofs with parapets. On larger buildings a variety of roof lines shall be used to break up the horizontal extent of the building. Where parapets are used, the parapet shall be provided along each facade. Parapet height is limited to 10 feet above the flat roof.
[2]
Where flat roofs are required due to building size, roofing materials having a solar reflectance index (SRI) equal to or greater than the values in the table below for a minimum of 75% of the roof surface shall be used or a green roof on at least 50% of the roof area shall be used.
Roof Type | Slope | SRI | |
|---|---|---|---|
Low-sloped roof | <2:12 | 78 | |
Steep-sloped roof | >2:12 | 29 |
(d)
Building materials.
[1]
While synthetic materials may be acceptable, natural building materials including, but not limited to, clapboard and shingle siding, brick, stone, glass, or glass block are preferred and encouraged over synthetic materials. Generic, unadorned concrete masonry units (CMUs) shall not be used as a primary exposed building material on any facade. CMUs with any type of variegated surface (e.g., architectural block or split-faced CMUs) are permitted but shall not comprise the majority of the surface area of any one facade.
[2]
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
[3]
Windows and doors shall be trimmed with wood or stone a minimum of four inches in width.
(3)
The Town/Planning Board may require the inclusion of any of the foregoing conditions in a declaration of restrictive covenants executed in recordable form and to be recorded by the applicant/owner as a condition of any special/conditional use permit approval.
§ 138-63.9 Motor vehicle dealership.
[Added 8-20-2015 by L.L. No. 7-2015; amended 6-3-2021 by L.L. No. 2-2021]
A motor vehicle dealership shall be subject to the following special permit conditions:
A.
Motor vehicle dealerships in existence prior to 2004 shall be considered legally preexisting nonconforming. Improvements to said dealerships shall be required to comply with the following criteria to the greatest extent practicable given the existing lot size, road frontage, and other dimensional constraints.
B.
Motor vehicle dealerships shall be designed and constructed in accordance with dimensional criteria in the Commercial Zoning Schedule[1] applicable to the zone, except for the following:
(1)
The minimum lot size shall be four acres.
(2)
A minimum fifty-foot-wide landscaped buffer shall be provided in the front, rear, and side yards. Vehicle parking and storage shall be prohibited within the fifty-foot buffer.
(3)
A minimum of 10% of the parking lot and vehicle storage area shall be landscaped. The fifty-foot-wide buffer shall not contribute towards this requirement. Bioswales and rain gardens within landscaped islands may be counted towards this requirement.
(4)
A minimum building size of 5,000 square feet for sales facilities and 7,500 square feet for combined sales and service facilities.
[1]
Editor's Note: The Commercial Zoning Schedule is included as an attachment to this chapter.
C.
No exterior public address systems shall be permitted.
D.
No exterior display of banners, pennants, ribbons, dancing tube signs, or similar temporary advertising materials shall be permitted.
E.
Employee parking shall be designated and provided on site. Parking areas designated for employees shall not be used for vehicle storage, repair or finishing work, display or customer parking.
F.
Customer parking shall be designated and provided on site. Parking areas designated for customers shall not be used for vehicle storage, repair or finishing work, display or employee parking.
G.
All employee parking and on-site motor vehicle storage shall be located in the rear of the building and shall be screened from adjacent properties and public rights-of-way.
H.
Outdoor vehicle display areas shall be designated on the site plan. Vehicle display areas should be landscaped, and should not be part of the customer parking area. Metal vehicle display ramps or similar movable vehicle display devices are prohibited. Vehicle display areas are not permitted within the fifty-foot buffer.
I.
Off-site motor vehicle storage shall be permitted subject to the following conditions:
(1)
The primary lot on which the motor vehicle dealership is located is less than five acres.
(2)
Off-site new motor vehicle storage shall be subject to the regulations outlined in the Commercial Zoning Schedule[2] that are applicable to the zoning district in which the off-site lot is located, and shall be regulated as "outside storage."
[2]
Editor's Note: The Commercial Zoning Schedule is included as an attachment to this chapter.
(3)
Off-site new motor vehicle storage shall be within 0.5 mile of the motor vehicle dealership location.
(4)
Such off-site motor vehicle storage shall not be used for vehicle display or customer interaction.
(5)
Off-site new motor vehicle storage shall be suitably screened from public view through landscaping, berms, and/or fencing. Chain-link fencing with plastic privacy slats or similar shall be prohibited.
J.
The hours of loading and unloading of vehicles shall be determined by the Town Board. All loading and unloading shall occur on the subject site and not in or on the public right-of-way.
K.
Vehicles to be repaired or serviced shall not be parked or stored on any street or public right-of-way.
L.
Motor vehicle dealerships on Route 22 north of Interstate 684 shall have access to a fully signalized intersection. A new traffic signal may be installed if a traffic signal warrant study determines that a traffic signal is warranted and the New York State Department of Transportation grants approvals for the traffic signal. Unless signalized, entrances on Route 22 shall be right-turn-in and right-turn-out only with signage and striping to restrict left-turn access. Access to the signalized intersection can be provided via access easements across adjacent properties or through driveway exits onto County or Town roads that have a signalized intersection with Route 22.
§ 138-63.10 Medical office, extended hours medical office, and medical office complexes.
[Added 3-21-2024 by L.L. No. 2-2024]
Medical office, extended hours medical office, and medical office complexes shall subject to the following supplementary regulations:
A.
Hours of operation shall be specified in the special permit.
B.
Extended hours medical offices shall not be located within 1,000 feet of any daycare center, nursery school, public or private school, house of worship, or residentially zoned property.
C.
Extended hours medical office and medical complex uses shall have access from a state or county road.
D.
Additional requirements for medical office complexes:
(1)
A traffic circulation and parking plan shall be required.
(2)
A designated drop-off area where drivers may discharge or pickup passengers at the building entrance shall be provided. The drop-off area shall be of sufficient size and positioned so that its use will not impede or otherwise interfere with traffic and pedestrian circulation and fire access. The drop-off area shall be clearly indicated on the site plan.
(3)
The Planning and/or Town Board may require the provision of valet parking if deemed necessary to meet parking demand.