Tuxedo City Zoning Code
ARTICLE X
Special Use Permits
§ 98-50 Special uses.
A.
Approval of special use permits. The Town Board of the Town of Tuxedo authorizes the Planning Board to review and decide upon special use permit applications as set forth in this Zoning Chapter. The Town Board retains authority to review and decide upon special use permit applications for certain special uses, including community benefit facility uses, as set forth in the Table of General Use and Bulk Requirements.[1] For purposes of this Article X, the Town Board and the Planning Board are referred to as the "authorized board."
[1]
Editor's Note: Said table is included as an attachment to this chapter.
B.
Based upon a legislative finding of the Town Board, the Planning Board is also hereby empowered to resolve land use issues involving special uses, including without limitation, vested rights and RLUIPA claims, in a manner which is expeditious, cost-effective, and fair in order to lessen the burdens on property owners and on the Town while conserving judicial resources. Planning Board decisions are judicially reviewable on a full record developed before the Planning Board.
(1)
Nevertheless, when an applicant demonstrates that application of a law, rule, or regulation violates its rights in some cognizable manner and/or imposes a substantial burden on its religious practice, it shall seek relief from the Planning Board, which relief shall be granted unless it is found that the law, rule, or regulation is in furtherance of a compelling public interest. In the event there is a compelling public interest for the law, rule, or regulation, the Planning Board shall, if possible, grant relief which is the least restrictive means of furthering that compelling public interest.
(2)
In determining vested rights, RLUIPA, or any other cognizable claim, the Planning Board shall consider the guidance and precedents of the courts, both state and federal, in determining such claim.
(3)
No action or proceeding for judicial relief against the Town, its officers, agents, or employees, shall be ripe for review unless the applicant has sought relief from the Planning Board pursuant to these provisions. The Planning Board shall develop a record of its proceedings. All Planning Board decisions are reviewable by the court pursuant to CPLR 217 or other applicable law.
C.
Objectives. On application and after public notice and hearing, the authorized board may approve by resolution the issuance of a special use permit exclusively for uses that require a permit under this Zoning Chapter. In authorizing a special use permit, the authorized board shall take into consideration the expressed intent of this Zoning Chapter, the general public health, safety, and welfare, and shall prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:
(1)
The proposed use shall be deemed to be compatible with adjoining properties, and with the natural and built environment of its surrounds.
(2)
The site is accessible to fire, police, and other emergency vehicles.
(3)
The use is suitable to its site upon consideration of its scale and intensity in relation to environmentally sensitive features, including but not limited to steep slopes, floodplains, wetlands, and watercourses.
(4)
Adequate screening and separation distances are provided to buffer the use from adjacent properties where the authorized board deems it necessary.
(5)
The use will not negatively impact ambient noise levels, generate excess dust or odors, release pollutants, generate glare, or cause any other nuisances.
(6)
Parking shall be sufficient so as to not create a nuisance or traffic hazard on adjacent properties or roads.
(7)
Vehicular, pedestrian and bicycle circulation, including levels of service and roadway geometry, shall be safe and adequate to serve the use.
(8)
The location, arrangement, size, operation including hours of operation, and design of the use, including all principal and accessory structures associated with same, shall be compatible with the character of the neighborhood in which it is situated and shall not hinder or negatively impact the use, enjoyment or operation of adjacent properties and uses.
(9)
Utilities, including stormwater, wastewater, water supply, solid waste disposal and snow removal storage areas, shall be adequate to serve the use.
(10)
The use shall not negatively impact the visual character of the town or neighborhood.
(11)
The use shall not negatively impact historic, scenic or natural environmental features on-site or within the adjacent neighborhood.
D.
Waiver of standards. As stated within this article, the authorized board, when reasonable, may waive any requirement for the approval, approval with modifications or disapproval of special use permits except where said waiver is specifically not authorized herein. Any such waiver of the standards may be exercised in the event they are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the full membership of the Board based upon findings required herein.
E.
Area variance. Where a proposed special use contains one or more features which do not comply with this Zoning Chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XIII of this Zoning Chapter, without the necessity of a decision or determination of the Code Enforcement Officer charged with the enforcement of this Zoning Chapter.
F.
Procedure. Any application for a special use permit shall require site plan approval by the Planning Board in accordance with the site plan regulations contained in this Zoning Chapter. The authorized board shall deem that a special use permit application is complete prior to the conduct of a public hearing on the application. Whenever possible, a hearing on a special use permit should be held concurrently with any hearing held on the site plan.
G.
Public hearing. The authorized Board shall conduct a public hearing within 62 days from the date a complete special use permit application is received. Public notice of the hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The authorized board shall cause the applicant to post notice on the subject property indicating the date, time, and location of the public hearing, and a brief description of the action being considered, at least 10 days' prior the public hearing date. One notice shall be posted along each property line adjoining a road and shall be clearly visible from said road. Notices shall be affixed in a manner prescribed by the authorized board. Said notice shall be removed following the close of the public hearing.
H.
Notice to the applicant. At least 10 days before the public hearing, the authorized board shall mail notices thereof to the applicant.
I.
Notice to the Orange County Planning Department. At least 10 days before the public hearing, the authorized board shall mail notices thereof to the Orange County Planning Department, as required by § 239-m of the New York State General Municipal Law, which shall be accompanied by a full statement of the matter under consideration, as defined therein.
J.
Decision. The authorized board shall decide upon the application within 62 days following the close of the public hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the authorized board.
K.
Filing. The decision of the authorized board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
L.
Existing violation. No special use permit shall be issued for a property known to be in violation of this Zoning Chapter unless the granting of a special use permit and site plan approval will result in the correction of said violation.
M.
Deemed to be a conforming use. Any use for which a special use permit has been granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require an amendment of the special use permit by the authorized board in accordance with the special use permit application and approval procedures contained herein. For purposes of this section, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.
N.
Expiration of special use permit; extension of special use permit for good cause. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason, or if construction is not completed within 18 months from the date of issuance. The authorized board may consider two extensions of up to six months from the date of issuance for good cause, as determined solely by the authorized board.
O.
Inspections. In connection with the issuance of a special use permit, the authorized board may provide for inspections to be conducted by the Code Enforcement Officer to ensure continued compliance with this Zoning Chapter and any conditions of the special use permit.
P.
Renewal. The authorized board may require that a special use permit be renewed periodically as a condition of special use permit approval. Sixty days prior to the expiration of a special use permit, the applicant shall apply to the Code Enforcement Officer for renewal of the special use permit. The Code Enforcement Officer shall inspect the premises to verify that the conditions of the permit have been met within 15 days following a request for renewal. Upon a finding that there are no violations or noncompliance of the conditions of the special use permit, the Code Enforcement Officer shall so advise the Planning Board and the special use permit shall be renewed by the Planning Board for a time period to be set at its next regular meeting. However, where the Code Enforcement Officer finds that the applicant is not in compliance with the special use permit or that violations exist, then such renewal shall require Board approval and may be granted only following a public hearing. Renewal may be withheld upon a determination by the authorized board that such conditions as may have been prescribed by the authorized board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
Q.
SEQRA. In its review and decisionmaking, the authorized board shall comply with the regulations implementing the New York State Environmental Quality Review Act.
R.
Fees. An application fee shall accompany the special use permit application in an amount established in the fee schedule duly adopted by the Tuxedo Town Board.
§ 98-51 Individual standards for special uses.
In addition to the general objectives set forth above, the following requirements shall apply to special permit uses and shall supersede any conflicting requirement of this Chapter. Special permit uses shall meet all other regulations established in this Zoning Chapter unless superseded by any standards set forth below in this section.
A.
Animal kennels, subject to the following regulations:
(1)
The minimum lot area required shall be two acres plus an additional 5,000 square feet for every 100 pounds of adult animal body weight characteristic of the species so harbored. The Planning Board can require a larger lot area based on the type of animals to be harbored and the minimum area necessary to board said animals to the extent that such larger area is necessary to protect the health and safety of the animals and the neighborhood within which the kennel is located.
(2)
The special use permit for animal kennels shall stipulate the maximum number and type of animals to be boarded, harbored or trained. The special use permit shall not allow any greater number of animals than allowed as per the calculation of minimum lot area above.
(3)
The Board shall consider the number, species, size, breed and temperament of animals to be sheltered and impose reasonable conditions regarding same to protect proximate uses, aesthetic impact, and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.
(4)
Animal waste shall be disposed in a manner acceptable to the Orange County Department of Health.
(5)
Crematoria or land burial of animals on site in association with a kennel shall be prohibited.
(6)
All facilities associated directly with the kennel, whether indoors or outdoors, shall be set back a minimum of 200 feet from any property line.
(7)
The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses which may include the use of soundproofing or limitations on whether outdoor boarding shall be allowed in conjunction with the special use permit.
(8)
The Planning Board may require screening of outdoor runs from view.
(9)
The Planning Board is authorized to waive any of the above standards in appropriate circumstances, upon demonstrated need by the applicant. Each waiver must be fully supported with sound reasoning on the record.
B.
Animal hospitals, including veterinary clinics, subject to the following regulations:
(1)
All facilities shall be maintained in enclosed buildings which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line.
(2)
Exercise pens and runways shall not be permitted within 200 feet of any property line.
(3)
Where an animal hospital contains kennels and/or stables for housing animals, said animal hospital shall adhere to all requirements for kennels and/or stables.
C.
Animal sanctuary, subject to the following regulations:
(1)
All facilities must be enclosed securely by fencing or other means, taking into consideration the types of animals to be housed, and in a manner deemed acceptable to the Planning Board.
(2)
The facility shall maintain its accreditation with the American Sanctuary Association throughout its operation. A facility which loses its accreditation shall be deemed to be in violation of any special use permit granted to it.
(3)
Security lighting may be provided at the facility. Lighting shall be sufficient to secure the site and shall be designed with full cutoff and other design measures which eliminate light spillover or impacts to the night sky.
(4)
The facility shall be required to secure all applicable permits and approvals from county and state health and environmental agencies.
D.
Automotive gas station, subject to the following regulations:
(1)
Existing automotive gas stations; expansion prohibited. An automotive gas station in existence on the effective date of this Zoning Chapter shall be permitted to continue operating as a pre-existing nonconforming use and shall be deemed to have been issued a special use permit. No further capacity expansion is permitted. However, with approval from the Planning Board, an existing automotive gas station may make necessary alterations to the existing layout of the gas station, or any increase in parking, change in a building's footprint, or alteration in utilities located on-site if said alterations are safety and regulatory related improvements and/or are required by the New York State Department of Environmental Conservation. All such alterations shall require an amendment to the special use permit and approval of a revised site plan.
[Amended 3-28-2022 by L.L. No. 2-2022]
(2)
Prohibition on new automotive gas stations. Because of the Town's location within a federally designated sole source aquifer and the need to protect groundwater and surface water supplies from the potential impacts of large capacity fuel storage tanks and additives entering same if not maintained properly, the Town has determined that the construction of new automotive gas stations is prohibited.
(3)
Discontinued use. Where the Code Enforcement Officer determines that an automotive gas station has been discontinued, the owner, lessee or motor fuel supplier of said station shall remove the tanks, gasoline pumps, all identification signs and lighting poles and paint the exterior, if other than brick, a neutral color within a maximum of three months from the date of the determination. The owner and/or lessee shall also provide adequate protection against unlawful entry into any building and the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon. The owner shall comply with all New York State Department of Environmental Conservation standards for its closure.
(4)
Accessory uses. Other than a convenience store, the following accessory uses shall be permitted in connection with a pre-existing automotive gas station:
(a)
Rental trailers. An additional 100 square feet of area shall be provided for each rental trailer. Not more than 10 rental trailers shall be stored on a site at one time. Storage shall be behind the front building line.
(b)
Rental trucks. An additional 200 square feet of area shall be provided for each rental truck. Not more than eight trucks shall be stored on a site at any one time. Storage shall be to the rear of the front building line.
(c)
Rental combination. Where both trailers and trucks are offered for rent, not more than 12 total trailers or trucks shall be located on a site at any one time.
E.
Bed-and-breakfast, subject to the following regulations:
(1)
A bed-and-breakfast shall be owner-occupied and conducted in a single-family detached dwelling. A maximum of four guest sleeping rooms shall be permitted.
(2)
Off-street parking shall not be located in a required front yard and shall be screened from the street right-of-way and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for the bed-and-breakfast shall be in addition to the number of spaces required for a single-family detached dwelling and one parking space per guest sleeping room shall be provided.
(3)
Each bed-and-breakfast shall be maintained and operated so as to preserve and complement the residential character of the surrounding area.
(4)
No transient guest shall stay for a period of time in excess of 15 consecutive days.
(5)
Each guest sleeping room shall maintain such safety features as required by the New York State Fire Code.
(6)
The owner/operator shall give reasonable access for inspections to be conducted on an annual basis to ensure compliance with this Zoning Chapter and the Uniform Code. Approval of the special use permit shall be conditioned upon consent of the owner to permit said inspections.
(7)
One identification sign is permitted. Said sign or display shall not exceed 16 square feet in area per face. No sign shall be located less than 15 feet from the street line. The sign may be illuminated upon approval by the Planning Board.
(8)
Employees shall not be allowed to reside in the bed-and-breakfast, and only one nonresident employee is allowed. In its discretion, the Planning Board may allow more than one nonresident employee, provided it determines that said increase will not impact adjoining property owners or the character of an existing residential neighborhood within which the use may be located.
F.
Building contractor establishment, with exterior storage, subject to the following regulations:
(1)
The outside storage of goods, supplies, parts, materials, or equipment shall not be located in a front yard. The Planning Board may allow storage within a front yard, provided it is not within the required front yard, and only with approval by the Planning Board as part of the special use permit. The applicant must demonstrate there is no other place on the property to locate outdoor storage and all outdoor storage must be completely screened from view of a public road and all adjacent properties. No storage shall be permitted in the required rear yard unless said storage does not adjoin a residential use or a residential district.
(2)
Parking shall not be permitted in a required front yard.
(3)
Outdoor storage areas and parking areas shall be completely screened from view of a public road and all adjacent properties with the exception of rear yards that abut other contractor's establishments or industrial uses. For the purpose of this section, "screening" shall be evergreen trees that are no less than four inches in diameter measured 4.5 feet from the ground. A maintenance bond in an amount acceptable to the Planning Board shall be required to maintain the evergreen plantings for a period of no less than three years from the date of the approval. Where evergreen plantings are not possible because of unique characteristics of the site, the Planning Board shall require alternative screening in a form that completely blocks public view.
(4)
The applicant shall demonstrate that the use shall not have significant adverse impacts related to noise, traffic, hours of operation, and lighting requirements and shall minimize to the greatest extent practicable any negative impacts on adjacent properties and uses.
(5)
Stockpiling of outdoor materials shall not exceed 15 feet in height, as measured from the ground surface elevation and shall be screened as set forth in this section.
G.
Child day-care or adult day-care center, nursery school, subject to the following regulations:
(1)
The licensed day care provider shall submit a copy of said license and other pertinent documents from New York State Department of Social Services and, if applicable, the New York State Department of Education. Where a license has expired or been revoked, operation of the day-care center shall cease.
(2)
State licensing requirements shall be met, including those pertaining to building, fire safety, and health codes and that such state license copy shall be on file with the Code Enforcement Officer.
(3)
An area dedicated to the off-street dropoff/pickup of attendees which minimizes conflicts between vehicles and pedestrians shall be provided.
(4)
For child day-care centers or nursery schools, outdoor play equipment is not permitted in any front yard and is not permitted in a required side or required rear yard. Equipment shall be located in a manner that limits noise levels adjacent to adjoining residential uses. Such area shall be at least 1/4 of the square footage of the floor area of the child day-care center or nursery school, screened from the road, either by the center itself, appropriate landscaping or other methods, and contained, by fence or other means, to prevent conflicts between adjacent properties and the facility's activities.
H.
Commercial recreational use, outdoor, subject to the following regulations:
(1)
All outdoor commercial recreation activity areas shall be set back 100 feet from any property line.
(2)
Lighting. If outdoor lighting is provided for any of the recreational facilities, including swimming pools, which permit the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. A lighting plan shall be provided in accordance with § 98-39 of this Zoning chapter.
(3)
Noise. Public address systems or any other amplified noises shall not be audible beyond the property line.
(4)
Use of pool. The maximum number of persons permitted to use any swimming pool shall be in accordance with NYS Department of Health and NYS Department of State standards, or as otherwise determined by the Planning Board in the absence of capacity standards.
(5)
Hours of operation. The Planning Board may limit the hours of operation of said uses where it determines said limits are necessary to protect the peace and serenity of adjoining residential uses and conform to the noise requirements set forth in this Zoning Chapter.
I.
Conference center, subject to the following regulations:
(1)
The building shall be compatible with the rural character of the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the building and structures, taking into consideration the objective set forth herein.
(2)
A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall confer with the Planning Board regarding the scope of the traffic analysis prior to the study being conducted. The Planning Board shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to mitigate significant adverse traffic impacts among other mitigation measures determined appropriate by the Planning Board.
(3)
Restaurants and dining rooms are permitted accessory to the conference center. Said facilities shall not constitute more than 10% of the total gross floor area of the conference center building.
(4)
All parking areas shall be set back no less than 50 feet to any property line.
J.
Cultural or performing arts center, subject to the following regulations:
(1)
The buildings and structures shall be compatible with the rural character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein.
(2)
The applicant shall demonstrate that adequate emergency service facilities are provided for the proposed use. The applicant shall prepare a safety management plan that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Town Board shall approve the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk and County and local emergency service organizations.
(3)
In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, supplemental plantings or landscaping shall be provided to create a separation between surrounding existing and prospective uses and the proposed development.
(4)
A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall confer with the Planning Board regarding the scope of the traffic analysis prior to the study being conducted. The Planning Board shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to mitigate significant adverse traffic impacts.
(5)
Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces. Truck-loading facilities shall be provided as required in Article VIII of this Zoning Chapter.
(6)
All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A landscaping plan shall be submitted and approved as part of the site plan application pursuant to § 98-38 of this Zoning Chapter.
(7)
On-site lighting shall be designed and installed in a manner that minimizes visual impacts to the night sky. A lighting plan shall be submitted and shall meet the standards set forth in § 98-39 of this Zoning Chapter. Decorative lighting fixtures appropriate to a rural and rustic setting shall be incorporated into the overall design of the development.
(8)
The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate this master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances. The Planning Board may waive the requirements set forth in Article VII to achieve the design objectives set forth herein for signs.
(9)
The application shall include an overall development plan for consideration by the Planning Board. The overall development plan may be prepared at conceptual level but, at a minimum, must depict those uses proposed for development or that may reasonably be anticipated for development by the applicant, including, but not limited to, pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, residential structures and seating facilities to accommodate performing arts patrons. The overall development plan must also depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses. The overall development plan must also demonstrate on a conceptual level that the development design standards listed above will be met or the extent to which any modifications will be necessary. The plan need not encompass all the details required for a site plan but shall set forth in reasonable detail the anticipated locations within the development and sizes of all major improvements anticipated such that the Planning Board can evaluate the overall plan for environmental, traffic and other impacts on the community with a view toward attaching any conditions of approval which must be met at the time a detailed site plan is submitted for approval for any section of the development.
K.
Dwellings in buildings with nonresidential uses (dwellings above ground floor retail, personal service, office, or restaurant uses), subject to the following regulations:
(1)
No dwelling shall be permitted on the ground floor of the building unless it is at the rear of the building and does not front to a public street.
(2)
The maximum residential density shall be determined by multiplying the maximum residential density for the applicable zoning district by the lot area.
(3)
There shall be a separate entrance provided to the dwelling unit or residential portion of the structure, which entrance shall not permit access to the nonresidential portion of the structure.
(4)
The building shall meet all other requirements of the New York State Uniform Fire Prevention and Building Code that apply to dwellings in structures with nonresidential uses.
(5)
Nonresidential uses shall be only those uses allowed as permitted uses or special uses within the zoning district in which the project is located. A separate special use permit shall be applied for and obtained for any nonresidential use that so requires a permit.
(6)
To continue to be a valid special permit use, residential uses shall not be continued in any building not fully occupied by nonresidential uses on the ground floor. The special use shall expire where the ground floor has not been fully occupied by a nonresidential use for a period of one year or longer, and the residential uses shall be vacated.
L.
Dwelling, two-family, subject to the following regulations:
(1)
A two-family dwelling shall be served by central sewer or water.
(2)
Adequate parking facilities shall be provided to accommodate the parking demand of both units. Parking shall not be permitted within the required front yard. The Planning Board, in its discretion, shall approve the location of said parking facilities to ensure that the parking is reasonably located in relation to adjoining residential uses and may require that same be screened from view of a public right-of-way.
M.
Dwellings, single-family attached (townhomes); dwellings, single-family semi-attached, subject to the following regulations:
(1)
Each single-family attached dwelling and semi-attached dwelling shall be situated on its own lot. Common facilities serving an overall development may be located on one or more lots to be controlled by a homeowners association.
(2)
The maximum number of dwellings in any single-family attached residential building shall not exceed six dwellings. No building shall exceed 180 feet in length.
(3)
Each single-family attached building shall be separated from every other residential building a distance not less than 25 feet. Accessory structures shall be situated at least 20 feet from the nearest residential building.
(4)
Each single-family semi-attached dwelling shall be separated from any lot line a minimum distance of 25 feet except where attached to an adjoining dwelling, where the minimum side yard requirement is zero feet.
(5)
For single-family attached buildings, common parking areas and drives shall be located no closer than 25 feet to a residential building. A minimum of 50% of all required parking spaces, not including visitor spaces, shall be provided in an enclosed garage within the principal residential dwelling. Each single-family attached dwelling shall be provided with an attached garage.
(6)
Each dwelling shall be provided a balcony or patio at least 50 square feet which shall be situated on the individual lot. An additional 100 square feet per dwelling shall be set aside for active recreational facilities, which may consist of tennis courts, swimming pools, clubhouse and/or other similar amenities. These recreational facilities shall be commonly owned and maintained by the owner of the development.
(7)
Sidewalks shall connect the residential buildings with parking areas, public streets, recreation facilities and other amenities.
(8)
A landscaping plan, lighting plan, building elevation and floor plan for each dwelling unit type shall be submitted for review.
(9)
Where the Planning Board deems appropriate to the design of the development, centralized locations shall be provided on-site for solid waste storage and recycling receptacles. Said locations shall be screened from view by a combination of fencing and landscaping. Dumpster enclosures shall be designed to be compatible with the architecture of the buildings.
(10)
Snow storage areas shall be indicated on any site and/or subdivision plan and shall not interfere with required parking or traffic circulation.
(11)
Where a single-family attached or semi-detached development is to be served by an on-site private drive, the Planning Board shall establish the minimum number of access points to ensure adequate vehicular access in the event of an emergency.
(12)
One sign is permitted at each permanent non-emergency access and shall be compatible with the architecture of the development. The maximum height of the sign shall be six feet and no face of a sign shall exceed 16 square feet. No sign shall be located closer than 15 feet to the street line. In addition, signs within the development shall be allowed, subject to Planning Board approval.
(13)
Semi-attached and attached dwellings shall be subject to review and approval of the Architectural Review Board.
N.
Dwelling, single-family detached in the Conservation Zoning District, subject to the following regulations:
(1)
The Conservation ("C") Zoning District is intended to be a low-density, low-intensity zoning district which allows residential uses that incorporate expanses of open space into the overall design. To that end, the subdivision of land for single-family detached dwellings is allowed by special use permit in accordance with the regulations set forth below.
(2)
Exception - single-family dwelling on an existing lot. The construction of a single-family detached dwelling on a lot in existence on the effective date of this Zoning Chapter shall be permitted and shall not require a special use permit. The dwelling shall meet applicable bulk requirements for this district and shall adhere to any other requirements set forth in this Zoning Chapter.
(3)
Cluster subdivision authority. For purposes of this special use permit, the Town Board grants authority to the Planning Board to require the submission and approval of a cluster development in accordance with the requirements set forth in this section and the procedures set forth in section 278 of New York State Town Law. Where the Planning Board determines that a cluster development would be appropriate and would benefit the Town, the Planning Board may require that the applicant pursue a cluster development.
(4)
Subdivision of land to accommodate single-family detached dwellings. Within the C district, any subdivision into two or more lots, exclusive of any lot line change that does not create a new buildable lot, shall be designed in accordance with the following procedures:
(a)
Subdivision application. Every subdivision application for a property in the C district intended to be developed for single-family detached dwellings shall submit a baseline environmental map and a conceptual cluster subdivision plan concurrently with a conventional plan. The baseline environmental map shall depict the following information:
[1]
Slopes over 35%.
[2]
Freshwater wetlands under the regulatory jurisdiction of the New York State Department of Environmental Conservation (DEC) and/or the U.S. Army Corps of Engineers, including the 100-foot adjacent area applicable to state wetlands.
[3]
One-hundred-year floodway and floodplains as identified on Federal Emergency Management Agency (FEMA) maps.
[4]
Properties listed on the National and/or State Registers of Historic Places or eligible for listing by the New York State Office of Parks Recreation and Historic Preservation for inclusion on such registers. A cultural resource survey shall be submitted in conjunction with the subdivision application.
[5]
Lands containing a farm operation within a New York State Agricultural District or within 500 feet of lands containing a farm operation within a New York State Agricultural District.
[6]
Significant viewsheds as determined by the Town Board and/or Planning Board.
[7]
Recreational resources including lakes, ponds, streams, or other potentially significant recreational resources both on the site and adjoining the property.
[8]
A demarcation of all habitats on the property, including known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or state-identified significant habitats.
[9]
Unique or unusual landforms or geological formations.
[10]
Existing or proposed trails including bikeways, hiking trails or multiuse, nonmotorized routes of local, county, state or national significance.
(b)
The Planning Board shall require that an applicant for a residential subdivision present to the Planning Board a conceptual cluster plan simultaneously with the filing of a subdivision application. The Planning Board shall review the baseline environmental map, the cluster plan and the conventional plan and shall require such other and further details that the Planning Board reasonably believes necessary to evaluate the plan. Until all reasonably requested information is submitted, the application for preliminary approval shall be deemed incomplete.
(c)
For cluster subdivisions, the Planning Board shall make a determination as to the maximum number of residential lots that could be achieved based on a conventional plan. Upon evaluation of the baseline environmental map, the conceptual cluster plan shall be revised to ensure that the proposed cluster lots preserve sensitive environmental features to the maximum extent practicable.
(5)
Standards for cluster subdivisions.
(a)
Minimum lot area. The minimum lot area for a subdivided lot in a cluster subdivision intended to be developed with a single-family detached dwelling shall be one acre, provided that every lot must be sufficient size to accommodate an individual well and septic system, if such systems are used, in accordance with Orange County Health Department standards.
(b)
Front, side, and rear yards and lot widths. Appropriate minimum yards and lot widths in a cluster subdivision depend upon the lot sizes, the type of road frontage and the character of the subdivision. Accordingly, yard requirements for cluster lots shall be established at the time of plat approval and shall be shown in a chart on the plat.
(c)
Requirements for protected open space. All cluster subdivisions shall protect the greatest amount of open space that provides the largest amount of benefit to the Town. No less than 50% of the subdivision shall be set aside as protected open space.
(d)
Open space land. Protected open space may be included as a portion of one or more large building lots or may be contained in a separate open space lot. Such open space may be owned by a homeowners association, one or more private landowners, a nonprofit organization, the Town or another governmental entity, or any other appropriate entity, as long as it is protected from development by a conservation easement. The required open space land may not include private yards located within 100 feet of a principal structure. To the maximum extent practicable, the open space to be set aside shall be contiguous.
(e)
Arrangement of lots and dwelling units. Lots shall be arranged in a manner that protects the land's conservation value.
(f)
Notations on plat or site plan. Protected open space land shall be clearly delineated and labeled on the subdivision plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of other lots in the subdivision to such land.
(g)
Permanent protection by conservation easement. A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, recreation (including golf courses), protection of natural resources, or similar conservation purposes pursuant to Section 247 of the General Municipal Law and/or Sections 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Town Board. Such conservation easement shall be approved by the Town Board and shall be required as a condition of subdivision plat approval. The Town Board may require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office. The terms of the conservation easement shall prohibit further development except if, in the discretion of the Town Board, such development is in furtherance of agricultural production or recreational uses all of which must be described within the conservation easement to the satisfaction of the Town Board.
(h)
Maintenance standards. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials. In the event that the maintenance, preservation, and/or use of the open space area(s) ceases to be in compliance with any of the requirements of the Zoning Chapter or any other requirements specified by the Planning Board when approving the cluster subdivision plat, the Town shall be granted the right to perform such maintenance as may be necessary or to otherwise assure compliance and to relevy the cost to the responsible property owner or owners pursuant to Chapter 5 of the Town Code. Such charge, if unpaid for more than 60 days, shall become a lien on the open space area and on the lots of any lot owners who share ownership of the open space area. Notwithstanding, the Town is under no obligation to maintain such open space areas.
O.
Fuel storage depot, pre-existing, subject to the following regulations:
(1)
Existing use allowed to continue as nonconforming use. A fuel storage depot that has previously received site plan approval from the Planning Board and has a valid certificate of occupancy shall be deemed to have been in existence on the effective date of this Zoning Chapter and allowed to continue operating as a nonconforming use and shall be deemed to have been issued a special use permit. The Planning Board is not authorized to waive this requirement.
(2)
Alterations. Any alteration to the existing layout, or any increase in parking, change in a building's footprint, or alteration in utilities located on-site shall require an amendment to the special use permit and approval of a revised site plan. All alterations must be related to the need for increased safety and/or regulatory measures pursuant to local law or New York State Department of Environmental Conservation requirements. Nothing herein shall allow any increase in the amount of fuel stored on-site.
(3)
Prohibition on new fuel storage depots. Because of the Town's location within a federally designated sole source aquifer and the need to protect groundwater and surface water supplies from the potential impacts of large capacity fuel storage tanks and additives entering same if not maintained properly, the Town has determined that the construction of new fuel storage depots is prohibited.
(4)
Emergency management plan. At such time that an applicant seeks an amended special use permit and revised site plan, the applicant shall also be required to submit to the Planning Board a copy of an emergency management plan which shall govern operations during an emergency event, which shall include but not be limited to severe rain and storm events. The emergency management plan shall be approved by the Town Board and the Emergency Management Officer. The Town Board, during its review of the plan, shall refer the plan to the fire district, emergency service providers or other agencies deemed appropriate. Compliance with the plan shall be a requirement of the continued operation of the fuel storage depot.
(5)
Fuel storage. The minimum distance between any tank storing fuel or other additives and any structure with a residential dwelling shall be 100 feet. Tanks are prohibited from being sited within the 100-year floodplain. The Planning Board is not authorized to waive these requirements.
P.
Golf course, subject to the following regulations:
(1)
The following uses shall be permitted as accessory uses to a golf course: clubhouse (including dining rooms, common rooms, pro shop, social rooms, kitchen, recreation facilities and locker rooms), snack bar/refreshment stand, a groundskeeper residence, putting greens, practice range, parking, maintenance facility, garage, cart storage facility, water supply impoundments, and other uses and buildings that the authorized board determines are accessory to the golf course use. The proposed golf course shall be integrated with any existing development and land uses adjacent to the site, including safe locations for golf holes (tees, holes and greens) and practice areas, as related to adjacent roads, residential development, and other neighboring improvements.
(2)
Where a golf course site is adjacent to, contains, or incorporates floodplains, open water, watercourses, trails, flyways, and conservation areas, the applicant may be required to provide and maintain an adequately designed walking trail easement within the property open to the public in furtherance of the Town's goal of linking open spaces in the community. The pedestrian easement shall be located so it does not interfere with play and shall be appropriately isolated from the general operation of the golf course.
(3)
The applicant shall be required to provide the necessary infrastructure and utilities, including sanitary disposal system, potable water and irrigation water, either from on-site municipal or private systems. The provision of infrastructure and utilities shall not have a detrimental impact on groundwater or surface water resources.
(4)
The golf course shall have two safe and adequate access points from one or more public roads. One of the two accesses may be provided for emergency access only, if, in the determination of the Planning Board, said arrangement provides adequate access. The two means of access shall be connected internally and may be achieved by use of a stabilized surface sufficient to allow passage by emergency vehicles.
(5)
Ample provisions shall be made for solid waste collection and storage. All solid waste storage shall be adequately screened and buffered.
(6)
One monument sign not exceeding 16 square feet shall be permitted at the entrance to the golf course. All other signs shall be directional signs, and each shall not exceed four square feet. All signs, including size, location, materials and design, shall be approved as part of site plan approval. The Planning Board may approve an additional monument sign at the second access.
(7)
Amplifier systems shall be designed so as not to be audible beyond the property lines. The Planning Board shall assess potential sources of noise, including maintenance-related noise, and may establish conditions to minimize noise impacts on sensitive noise receptors in the vicinity.
(8)
The number of parking spaces shall be as few as necessary to serve the golf course and accessory uses. The number shall be determined by a parking needs study to be conducted by the applicant and submitted at the same time as the special use permit application.
(9)
The site plan shall show minimum vegetative buffers to be maintained between any water body, watercourse or wetland and any turf area which is to be treated chemically. The Planning Board may retain an ecologist and/or other specialist(s) to review the plan and determine appropriate buffer sizes, which will depend on the specific nature of the watercourse or wetland to be protected, including whether the same contributes to any public water supply reservoir or impoundment. The buffer shall be of sufficient size and designed to protect the surface water from chemicals carried by stormwater runoff. The Planning Board may consider alternative methods of protecting water bodies, wetlands and water courses (e.g., diversion of runoff via swales) where it determines that these methods are equally protective.
(10)
Special events open to the general public, such as tournaments, shall be approved by the Town Board by issuance of a special use permit for public outdoor amusement or outdoor entertainment. Adequate provisions shall be made by the golf course operator to handle any crowd generated by such an event and to satisfactorily mitigate off-site impacts, including traffic management, parking, trash removal and waste disposal, security and safety, and utility demand. The golf course may be required to post a performance guarantee for these purposes. All local permissions and permits required for a special event shall be obtained prior to the event.
(11)
The course shall be designed, to the extent practicable, in a manner that preserves existing woodland and wooded corridors. Clearance of woodland shall not exceed 50% of the total acreage of the lot on which the golf course shall be situated.
(12)
Turf management and water quality. As part of the application for site plan approval, the applicant shall submit a turf management plan and an integrated pest management plan specific to the operation and maintenance of the proposed golf course. These plans shall be prepared in accordance with any guidelines established by the New York State Department of Environmental Conservation and shall also take into consideration guidelines established by the United States Golf Association. These plans must include best management practices to prevent adverse impacts of chemical applications on the groundwater and surface water resources to which the golf course contributes drainage.
(13)
Any adverse impacts on groundwater or surface water quality attributable to the golf course will be mitigated by the applicant. The applicant shall provide for the monitoring of water quality of groundwater and surface water resources. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established at the time the integrated turf management plan and integrated pest management plan are approved as part of the application. The applicant may be required to install permanent water-quality monitoring devices to monitor water quality on an ongoing basis. The applicant shall hire a consultant who shall be responsible for carrying out the monitoring program, and the cost of the monitoring shall be borne by the applicant/owner of the golf course facility. The results and findings of any water quality monitoring shall be submitted by the owner to the Town to ensure compliance with the conditions of special use permit approval.
Q.
Hotels, subject to the following:
(1)
Use. Use of a hotel site and any buildings or structures thereon shall be limited to the usual hotel activities, as defined herein, and accessory uses incidental to the operation of a hotel, and of the same general character, including but not necessarily limited to the following, provided that all accessory uses shall be planned as an integral part of the hotel and located on the same site therewith.
(2)
Accessory uses. All space dedicated to accessory uses except for parking and landscaped areas, and including dining rooms, swimming pools and recreational areas whether indoors or outdoors or a combination thereof, shall not occupy more than 30% of the total gross floor area of the hotel. The following accessory uses are permitted, subject to approval by the Planning Board:
(a)
Caretaker residence. One accessory dwelling attached to the hotel and with or without kitchen facilities for the use of the hotel manager.
(b)
Restaurant. Restaurants and kitchen areas, serving either hotel guests exclusively or to the general public, provided that no music or other sound shall be audible beyond the boundaries of the lot on which the use is constructed and further provided sufficient parking is made available to patrons.
(c)
Recreation facilities. Indoor and outdoor amusement and sport facilities for the exclusive use of hotel guests, including swimming pools, children's playgrounds, tennis or other game courts and game or recreation rooms, and not including membership clubs. A swimming pool is permitted to be outdoors and shall not be open to the general public.
(d)
Parking. Automobile parking lots for the exclusive use of hotel patrons and employees, and off-street parking spaces. The Planning Board, in its discretion, may allow dedicated spaces for the overnight parking of a recreational vehicle, or tractor trailer spaces.
(e)
Office and lobby. Office and lobby, provision of which shall be mandatory for each hotel.
(f)
Retail sales. A small retail area for the purchase of sundries and snacks by guests.
(3)
Guest sleeping rooms.
(a)
Occupancy. In no case are guest units to be used as apartments for nontransient tenants.
(b)
Interconnections. Hotel sleeping rooms shall not be interconnected by interior doors in groups of more than two.
(c)
Size. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 225 square feet.
(d)
The maximum number of guest sleeping rooms for any hotel site, inclusive of all buildings, shall be 200, which maximum is not waivable by the Planning Board.
(e)
There shall be no kitchen facilities in a guest sleeping room. Each guest unit shall include a full bathroom, including sink, toilet facility, and shower/bath installation. The Planning Board, in its discretion, may allow up to 35% of the guest units to have a kitchen, which may include a sink, stove, refrigerator, and dishwasher, as determined by the Planning Board.
(f)
There shall not be more than one guest sleeping room for every 1,000 square feet of lot area.
(4)
Dimensional regulations. The maximum length of any hotel building shall not exceed 300 feet.
(5)
Access and service roads. Access and service roads shall be properly related to public streets and highways so as to avoid unsafe conditions and traffic congestion. Points of ingress and egress shall not exceed a total of two on any street. No backing of cars onto any highway shall be permitted.
(6)
Off-street parking. Where a hotel includes a restaurant or other eating and drinking facilities open to the public, required parking space shall be provided for such facilities, in addition to required parking spaces for sleeping rooms and other floor space. No parking space shall be located within 25 feet from any hotel building ingress or egress, including emergency egress. All off-street parking areas shall be at least 25 feet from all property lines.
(7)
Solid waste. There shall be a central facility for deliveries, management of solid waste and similar activities.
(8)
There shall be no outdoor public-address or music system audible beyond the property line.
R.
Light industry, subject to the following regulations:
(1)
Light industrial uses shall meet the performance standards contained in § 98-42 of this Chapter. All applications shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the light industrial process in the framework of measurements provided by § 98-42.
(2)
All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in a light industrial use shall be compatible with adjacent development and the site shall be fully landscaped. The landscaping standards of § 98-38 shall be met.
(3)
A light industry use is prohibited on any parcel wherein sole access to the use is through a residential zoning district or neighborhood.
S.
Major home occupation, subject to the following regulations:
(1)
The lot on which a home occupation is situated shall be owner-occupied and shall be conducted in a single-family detached dwelling only, or an accessory structure as per Subsection S(3) below.
(2)
No more than 30% of the total floor area (heated, habitable space) of the dwelling unit may be used for the home occupation.
(3)
Accessory structures existing at the time of enactment of this law may be used for home occupation purposes.
(4)
One nonilluminated identification sign not more than four square feet shall be permitted. There shall be no other evidence of the home occupation such as additional lighting, display or storage exterior to the dwelling or accessory structure within which the home occupation is conducted.
(5)
The Planning Board may impose conditions on the hours of operation, number of employees permitted, number of parking spaces, number of visitors and deliveries, associated with the operation of the home occupation to protect abutting properties.
T.
Multifamily dwelling development, subject to the following regulations:
(1)
Sewer and water. A multifamily development shall be serviced by approved central sewer and water supply facilities.
(2)
Access. No less than two full access driveways shall be provided for a multifamily development consisting of 15 or more dwelling units.
(3)
Multifamily development shall be screened from adjoining properties by a combination of landscaping and fencing materials approved by the Planning Board.
(4)
Multifamily development design standards.
(a)
A multifamily development is permitted in more than one principal building on an individual lot. No building shall be longer than 160 feet. No roofline of any structure shall exceed 80 feet without a break of at least 5% of the building's width.
(b)
Principal buildings shall be situated no closer than the height of the highest adjoining building wall but in no case closer than 45 feet, whichever is greater. Buildings may be required to be oriented in a manner that optimizes solar energy usage, consistent with other site plan elements.
(c)
Centralized waste disposal facilities shall be provided and screened.
(d)
An application for a multifamily development shall require submission of a landscaping plan which shall ensure a combination of trees, shrubs and other plantings to minimize and break up significant expanses of impervious surfaces. Landscaping treatments shall be provided around the principal buildings, within parking lots, accentuating pedestrian ways and driveways, and shall be used to screen ancillary utility infrastructure within the development and as otherwise required by this Zoning Chapter.
(e)
No parking lot area shall be situated closer than 15 feet to a principal building.
(f)
Construction materials shall be of a color and texture characteristic of the community, and said color and texture shall be muted to blend with the natural landscape, which shall be subject to Planning Board approval.
(g)
Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment.
(h)
Walks shall be provided throughout the development to ensure that driveways or streets shall not be required for pedestrian circulation.
U.
Stable, private, subject to the following regulations:
(1)
The minimum lot area required to stable one horse shall be two acres, plus one additional acre for each additional horse.
(2)
There shall be no stabling of horses or storage or use of manure or other dust-producing substances within a distance of 100 feet of any lot line.
(3)
Nothing herein shall permit operation of a commercial stable accessory to a single-family detached dwelling.
(4)
The Planning Board may impose reasonable conditions on the location of the stable to protect an individual on-site well or septic system from damage or to protect adjoining properties.
V.
Public outdoor amusement or outdoor entertainment, subject to the following regulations:
(1)
The Town Board, in its discretion, shall be responsible for the approval or disapproval of any proposed public outdoor amusement or entertainment activities. The Planning Board shall review and render a decision on any site plan required in conjunction with the special use permit. In addition to the Tourism Business District, the Town Board, in its discretion, may approve or disapprove an activity on a lot elsewhere in the Town subject to these special use permit conditions.
(2)
A safety management plan shall be submitted which details how accidents and emergencies will be handled by the local service providers. The plan shall be reviewed by the applicable emergency service providers, whose comments shall be considered. The Town Board shall be responsible for reviewing and approving the safety management plan, and a copy thereof in final form shall be filed by the applicant with the Town Clerk.
(3)
If required, a mass gathering permit as per 10 NYCRR Part 7.4 shall be obtained for the proposed activities and shall be made a condition of the special use permit.
(4)
In reviewing the proposed use, the Town Board may impose restrictions on lighting, noise levels, hours of operation, duration of the event, and other operations to protect the health, safety and welfare of the community.
W.
Public utilities, subject to the following regulations:
(1)
Access to such facilities shall be so located as to draw a minimum amount of vehicular traffic to and through residential streets.
(2)
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(3)
Adequate fences, barriers and other safety devices and landscape screening shall be provided when required by the Planning Board to screen views of the utilities from adjoining properties.
X.
Resort lodge, subject to the following regulations:
(1)
One or more principal buildings are permitted on a lot.
(2)
Retail, office, or personal service business uses are permitted and shall clearly be accessory and incidental to the resort lodge, shall be conducted in a principal building within which the guest sleeping rooms are situated, and shall not exceed 10% of the gross floor area of all principal buildings. Conference and meeting rooms are also permitted and shall occupy no more than 50% of the gross floor area of all principal building(s) of the resort lodge.
(3)
The minimum lot area shall be 25 acres for the first guest sleeping room, and one guest sleeping room for every 10,000 square feet of lot area thereafter.
(4)
Accessory structures shall be set back 50 feet from any lot line. Outdoor recreation uses shall be set back 100 feet from any lot line, except that walking trails may be located no less than 50 feet from any property line unless said trail is connected to another trail located off-site, wherein no setback is required to achieve the connection.
(5)
Parking. The minimum parking requirements are as follows:
(6)
No loading, truck parking, trash containers or outdoor storage area shall be located within 100 feet of an adjacent residential zone. All such areas shall provide visual and noise screening to minimize impacts on adjacent residential property.
(8)
Recreational vehicles and camps. Recreational vehicles, which may include travel trailers, camper trailers, motor homes and tents, are permitted accessory to a resort lodge within a recreational vehicle park. The number of recreational vehicles shall not exceed 25% of the total number of guest rooms in the resort lodge, except that the Planning Board, in its discretion, may allow additional recreational vehicles where it finds the property is sufficiently large to accommodate same, and further provided that in no event shall the total exceed 45% of all guest rooms. The following additional standards shall apply:
(a)
The area shall be offered on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.
(b)
Individual plots where a recreational vehicle or tent is allowed shall be separated from buildings by a minimum distance of 100 feet. No recreational vehicle or tent platforms shall be located closer than 50 feet to the street right-of-way or any adjacent property line. Each recreational vehicle or tent shall have a dedicated area to accommodate same of 300 square feet.
(c)
No less than one off-street parking space shall be provided on each lot, in addition to the site area provided on each lot for placement of the recreational vehicle or tent.
(d)
All driveways shall be cleared, graded and improved to a twelve-foot width for one-way traffic and twenty-foot width for two-way traffic. Such driveways shall be improved to a year-round passable condition and include periodic speed bumps on each major tangent section to reduce speed.
(e)
No individual on-site sewerage or water supply shall be permitted, and all community systems for the common use of campground occupants shall fully comply, as evidenced by approved plans, with standards imposed by the Orange County Department of Health.
(f)
No less than 20% of the gross site area of the RV area shall be set aside and developed as common use areas for open and enclosed recreational facilities. No recreational vehicle site, required buffer strip, street right-of-way, cartway, storage area or utility site shall be counted as meeting this requirement.
(g)
No parking, loading, or maneuvering incidental to parking or loading shall be permitted in connection with the RV area on any public street, sidewalk, required buffer, right-of-way or any public grounds.
(h)
The RV area shall be used only for transient camping purposes. No improvement or living unit designed for permanent occupancy shall be erected. All recreational vehicles in the development shall be maintained in a transportable condition at all times, except for temporary removal of a hitch, and meet all requirements that may be imposed by the State of New York. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is hereby prohibited. Camping space shall be rented by the day, week or season or may be leased or purchased. No campground or RV park lot, except as provided above, shall be the primary and principal residence of the occupant, each campground or RV park lot to be used and occupied (excepting for occasional guests) for camping and recreational purposes only by a single household.
(i)
The management of the resort shall be responsible for maintaining accurate records concerning the occupancy of all RV areas.
(j)
Dumping or placement of any sanitary waste anywhere in the RV area is prohibited, except where the Planning Board has approved facilities for same. No outside toilets shall be erected or maintained. Plumbing fixtures within any recreational vehicles placed upon lots in the campground or RV park shall be connected to the sewage disposal system for the development. Sanitary facilities, including toilets and showers, shall be provided in separate buildings located in the resort lodge.
(k)
No noxious or offensive activities or nuisances shall be permitted. Such nuisances shall include, but not be limited to, noise which exceeds the limitations set forth herein; uncontrolled fires or repeated burning (except for camp fires) which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the development.
(l)
No animals shall be kept or maintained in any RV area, except the usual household pets (cats, dogs and the like). Pets shall be kept confined so as not to become a nuisance.
(m)
No person shall burn trash, garbage or other like refuse. All such refuse shall be placed and kept in airtight receptacles. No owner or occupant shall permit the accumulation of litter or refuse or junk vehicles.
(n)
Picnic tables, benches, storage sheds, fireboxes or fireplaces and similar items of personal property may be placed within an RV area. All personal property on a campground or RV park lot shall be maintained in good condition so as not to become unsightly.
(o)
No recreation vehicle shall be parked on any street or roadway within the development.
(p)
Potable water drinking supplies shall be provided within 300 feet of each RV lot and be operational during any period of occupancy.
(q)
Every RV area shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access.
(r)
No loudspeaker or amplifying device shall be permitted in connection with any camp, campground, RV park or other use which can be heard beyond the bounds of the property lot where the use is located.
Y.
Stables, commercial, and riding academies, subject to the following regulations:
(1)
The minimum lot area shall be 10 acres for the first horse stabled, plus an additional 1/2 acre for each additional horse. One stable stall shall be provided for each horse housed on the site unless the applicant can demonstrate that a stable stall is not appropriate or necessary.
(2)
There shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line.
(3)
Riding trails may be no closer than 50 feet to any lot line, nor shall any riding trail cross a public way, road, street or highway unless by special resolution of the Town Board as set forth in the Vehicle and Traffic Code of the Town of Tuxedo.
(4)
The Planning Board, in its discretion, may allow outdoor lighting. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be located so as to not be visible at its source from any adjoining property. Screening of a type and in an amount specified by the Planning Board shall be provided to visually buffer the riding academy from any adjoining nonagricultural use.
(5)
Public events, demonstrations, horse shows, rodeos, and competitive events held in connection with riding academies or stables shall require a special use permit from the Town Board as a public outdoor amusement or entertainment event. In addition to the conditions applicable to a public outdoor amusement or entertainment event, the Town Board shall take into consideration the duration of the event, the proximity of the riding academy to adjacent residential uses, the availability of off-street parking, and the ability of the road to accommodate additional traffic generated by the event. The Town Board may limit or prohibit said events where it determines that the events may have a negative traffic, visual, noise, or other detrimental effect on the surrounding neighborhood.
(6)
In passing upon any application for a stable or riding academy, the Planning Board shall consider the drainage, percolation and topography of the proposed site, and its proximity to public or private water supplies.
(7)
The use of outdoor public-address systems may be permitted, provided that the sound shall not be audible beyond the property line.
(8)
The site plan shall illustrate a plan of manure storage and processing. Appropriate structures, such as concrete platforms or containers or similar devices, shall be required to store manure on-site to prevent its seepage into the ground.
(9)
A riding academy is permitted in a principal building, which may have an indoor riding ring, lockers, snack bar, tack room, and similar uses clearly incidental to the function of the property as a riding academy. Said building shall not exceed the maximum building footprint established for the district in which the use is situated. Accessory structures are allowed, including but not limited to outdoor riding rings, trails, cross-country jumps, stables and equipment storage. No accessory building set forth in this subsection shall be situated closer than 50 feet to an adjoining lot line.
Z.
Tourism-related winery, brewery, distillery or similar food processing, subject to the following:
(1)
The principal building within which the food processing occurs shall not exceed 20,000 square feet. The maximum building height shall be two stories or 25 feet.
(2)
Adequate parking facilities shall be provided for employees and visitors. Visitor spaces shall be located so as not to create conflicts between pedestrian movements and food processing activities.
(3)
All wastes shall be stored indoors or shall be screened and fenced in a location not visible to the public. No waste that emanates odors that are discernible at the property line shall be stored outdoors.
(4)
Outdoor storage of materials and products used in the food processing operation only is permitted and shall be screened from public view. No materials shall be stored at a height greater than 15 feet. A combination of fencing, supplemental plantings and/or landscaping shall be provided to screen storage areas from public viewing areas.
(5)
All parking facilities shall be located no closer than 50 feet to any property line.