Dimensional standards.

Transportation.

Mobile home stands. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement and tie-down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The stand shall provide for practical placement on, and removal from, the lot of the mobile home and retention of the home on the lot in satisfactory relationship to its surroundings. The following specific requirements shall be met:

Sanitation standards.

Utility standards. All utility connections, including but not limited to electrical, telephone and gas connections, shall be located underground.

Service and storage requirements. All service and/or storage facilities as described in this section shall be appropriately and attractively screened in accordance with a plan approved by the Planning Board and shall be so maintained.

Application procedure. The application procedure for approval of a mobile home park shall involve a five-stage process: application to the Town Board for approval of a Land Use and Development Plan prepared in accordance with the requirements of § 240-50E(1)(a); Planning Board review and report to the Town Board on the appropriateness of the proposal in context of the Town Development Plan and this chapter; public hearing by the Town Board and decision on the special permit and General Land Use and Development Plan; Planning Board public hearing and decision on the subdivision of land, if any; and Planning Board public hearing and decision on site plan approval of the mobile home park.

Town Board action.

Fees. The Town of Wappinger subdivision fee schedule as set forth in Chapter 122, Article IV, § 122-16 in the Code will apply with regard to applications for new mobile home parks with each trailer site equivalent to one lot.

Fuel pumps and storage tank inlets shall be set back at least 25 and 15 feet, respectively, from the perimeter property lines of the site. Further, fuel pumps and storage tank inlets shall be located and oriented in such a manner as to prevent the stacking of vehicles into any road right-of-way and the blocking of any point of site ingress or egress. For the purposes of this section, canopies over commercial fuel pumps and filling areas shall be permitted to extend into the minimum required front yard for the district in which the property is located, but in no case shall any canopy be located within five feet of any lot line.

All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways. In no case shall any vehicles awaiting service or repair work be stored outdoors for a period exceeding five days, unless such vehicles are entirely located within a fenced-in area and are visually screened from all adjoining properties and roadways. Body work, major structural repair or painting shall not be permitted.

Use of a building for any residence or sleeping quarters shall not be permitted, except that in the Hamlet Mixed Use District, dwelling units which are separate from the gas station use may be permitted above the commercial ground floor use in the principal gas station building.

Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger and the housing needs of persons who are 55 years of age and older. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one-family character of the one-family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan.

Standards. Accessory apartments shall comply with the following standards:

An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance.

Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in § 240-53B as determined by the Zoning Administrator, including but not limited to the following information:

Certificate of occupancy, Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment.

Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit, certification and/or other acceptable proof from the owner of the apartment verifying the continued existence of the family relationship or other requirements stipulated by § 240-53B(2). In the event that the inspection determines that the apartment is no longer in compliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year, provided that the owner-applicant complies with the terms of this chapter. In the event of noncompliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked, and the time periods established in § 240-53 for discontinuing accessory apartments shall apply. In the case of nonfamilial occupancy, as described in § 240-53B(2) herein, an annual renewal inspection fee as set forth in § 122-16N(9)(b) of the Code shall be paid to the Town.

Change in ownership. Upon a change in ownership or a change in the residence of the owner-applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner-applicant may apply for permission to maintain an accessory apartment pursuant to this chapter. The new owner-applicant shall submit an application as authorized by this chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in § 240-53B(2). In the event that the new owner-applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.

Change in family relationship. Upon a change in the family relationship as required in § 240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner-applicant may apply pursuant to § 240-53D for a transfer of the certificate of occupancy and/or certificate of compliance, provided that the owner establishes compliance with the family relationship or other requirements stipulated in § 240-53B(2). The owner-applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship or other requirements stipulated in this chapter. In the event that the new owner-applicant cannot establish the family relationship or other requirements stipulated in this chapter, the owner-applicant shall have 60 days to remove the stove(s), oven(s), sink(s) and refrigerator(s) in the kitchen of the accessory apartment and to convert the premises back solely into a one-family dwelling unit.

Declaration of covenants and restrictions. The owner-applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that:

The use shall be conducted solely within the dwelling unit and not in a detached accessory building and the use shall be clearly incidental and secondary to the use of the dwelling unit for living purposes.

Not more than two nonresident employees, associates or assistants, excluding the owner, shall be employed on the premises.

There shall be no external display or advertising of goods or services or other external evidence of such use other than one identification sign stating the name and address of the resident, property and/or permitted accessory use, not exceeding two square feet in area, which may be attached to a mailbox or supporting pole. If freestanding, the sign shall be no closer than five feet to the edge of the paved road or sidewalk, where it exists. Further, said sign shall not be illuminated in a residential district except as granted by special permit and then only during the hours of operation of the permitted accessory use.

The establishment of such use shall not require external alterations or involve construction features not customarily found in dwelling units.

The use shall not utilize an area exceeding 300 square feet which can be increased to 500 square feet if the lot has frontage on a state or county road and if the use derives its primary access from such road. In no case shall the use occupy an area exceeding 25% of the gross floor area of the residence.

No use shall produce or emit beyond the boundaries of the premises on which it is located dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, smoke or vibration.

The use itself shall be conducted in such a manner and during such hours that it is not detrimental to the immediate neighborhood.

No service involving the repair of devices powered by electricity, gasoline, diesel fuel, kerosene or other fuels shall be permitted.

The use shall not result in the parking of more than three client vehicles at one time on the property or on the street.

Not more than five clients shall be permitted on the property at one time.

Parking shall be provided as set forth in Article X and as determined by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjoining dwellings.

In the case of an instructor, music teacher or teacher or tutor of standard scholastic subjects, the office or studio shall be so equipped and used that the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is located.

No storage of manure or any other odor- or dust-producing substance shall be permitted within 100 feet of a street or property line, nor within 150 feet of a watercourse or wetlands area.

Such sales shall only be permitted in accordance with the approved site plan.

Commercial vehicles and farm equipment need not be stored inside structures.

The applicant shall demonstrate to the satisfaction of the Planning Board that there is adequate land area for the number and type of animals to be raised on the property.

All animal feed shall be stored in rodentproof containers.

Such use may sell agricultural, nursery and greenhouse products grown or raised on the premises or elsewhere, and the Planning Board shall have the authority to determine whether the proposed products for sale comply with this subsection.

All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure.

The residential structure shall have been built prior to 1962 and shall contain more than 3,000 square feet of gross floor area.

There shall be no increase in the number of permitted dwelling units resulting from additions made after 1962.

The minimum lot area shall be 40,000 square feet.

There shall be no more than one dwelling unit for each 20,000 square feet of lot area, but in no case shall more than six dwelling units be permitted in the residential structure.

Each dwelling unit shall contain at least 800 square feet of gross floor area.

Each dwelling unit shall have a separate entrance. Not more than two separate entrances shall be permitted on the front facade. Common entrances with private interior accesses to each dwelling unit shall be permitted.

Dutchess County Health Department approval of the water and sewer service shall be required prior to the issuance of any permit.

Parking shall be provided as set forth in Article X and as required by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjacent dwellings.

The existing structure shall comply with all other requirements of this chapter.

Ground-mounted solar energy system as an accessory use.

Solar farms.

Special permit standards for all ground-mounted solar energy systems.

Additional special permit standards for accessory ground-mounted solar energy systems.

Additional special permit standards for solar farms.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

The minimum setback from adjacent residential properties shall be twice that otherwise required in the district in which the property is located.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

No structure or combination of structures for said temporary use shall exceed 1,000 square feet in gross floor area.

No permanent structures shall be constructed for a temporary use.

No new or expanded parking area shall be constructed for a temporary use.

Such uses shall only be permitted on lots with frontage on a state or county road and only where the use derives its primary access from such road.

Special functions shall not exceed 25 days. Seasonal uses shall not exceed 99 days.

The property shall be restored to a condition approved by the Planning Board.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

The Zoning Administrator may issue a permit for a temporary outdoor sales or promotions use and temporary signage not exceeding 50 square feet in area without Planning Board approval for a period not to exceed 25 days in length nor more than three times per year per principal use, provided the temporary use:

A temporary housing unit or an elderly cottage housing opportunity (ECHO) consists of a separate, detached or impermanently attached, temporary dwelling unit, containing its own cooking, sanitary and sleeping facilities, accessory and incidental to a one-family dwelling. Such temporary housing unit shall be only for the use of and occupancy by not more than two residents, one of whom must be over 65 years of age and unable to live independently because of mental or physical illness or disability. Clear and convincing proof of compliance with the age requirement, and proof of illness or disability certified by a physician licensed to practice medicine in New York State must be submitted to the Town.

One temporary housing or ECHO unit shall be permitted on a lot which meets the minimum dimensional requirements of the district in which it is located. Notwithstanding the above, the minimum lot size on which a temporary housing or ECHO unit may be located shall be 20,000 square feet.

The exterior of the temporary housing or ECHO unit shall be compatible with principal residences in the neighborhood in terms of color, siding, roof pitch, window detailing and roofing materials. A separate outside access to the temporary housing or ECHO unit must be provided.

The temporary housing or ECHO unit shall be not less than 250 square feet nor more than 500 square feet in gross floor area. It shall not exceed 15 feet nor one story in height. The unit shall not be located in the front yard and shall conform to all other setbacks and dimensional requirements for a principal dwelling of the district in which it is located.

Dutchess County Health Department approval of the additional use must be obtained.

Construction of the temporary housing or ECHO unit shall conform to all applicable laws, regulations, codes and ordinances.

The temporary housing or ECHO unit shall be constructed so as to be readily removable, so that the lot can readily be restored to its prior condition. No permanent fence, wall or structure which would impede such removal shall be permitted.

The use shall terminate at the death or permanent change of residence of the original occupant(s) of the ECHO unit. The unit shall be removed and the lot shall be restored to its prior condition within 90 days of such termination. In the event that the unit is not removed by the end of such period, the Town has the right to cause the unit to be removed and to charge back such cost to the property owner directly or in the form of a lien on the property.

The minimum lot area shall be 10 acres.

Not more than one guest cottage or caretaker dwelling shall be permitted per lot.

Each structure shall be placed in a manner that will allow a future subdivision based upon compliance with current zoning regulations.

Each structure shall contain at least 800 square feet of usable floor area. However, no such structure shall contain in excess of 60% of the gross floor area of the principal dwelling or 1,800 square feet, whichever is less.

The minimum lot area shall be two acres.

No more than 50 memberships per acre shall be permitted.

The minimum required setbacks for a recreation facility shall be twice those otherwise required in the zoning district in which the lot is located or twice those of an adjacent residential district, whichever is greater. The Planning Board may reduce such additional setback requirements where topography or other factors make such setbacks unnecessary.

A building or structure used for a club for other than a recreational or athletic purpose shall have setbacks of at least 300 feet from residential properties and at least 200 feet from schools, places of worship and hospitals.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

Private camps shall only be in operation from April 1 through October 31.

Private camp facilities shall be limited to campsites for tent stands, pop-up campers, shelters, and shower and bathroom facilities. Private camps may include one dwelling unit to be occupied by the owner, caretaker or superintendent and family only. Private camps may also include one building not to exceed 200 square feet in floor area for an office and convenience store, one storage shed not to exceed 200 square feet in floor area, and one pavilion.

A private camp must have a minimum lot area of 20 acres and 100 feet of frontage on a public highway and derive its primary access from such road.

All buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least 100 feet.

Private campsites and camp facilities shall be constructed and operated so as to minimize disturbance to surrounding properties. The Planning Board shall attach such conditions to its approval and may require such noise abatement, fencing and/or landscaping as are necessary to protect surrounding properties from excessive light, noise and other nuisances and hazards which may be inherent in the operation of the private camp.

The discharge of firearms, bows and arrows or any other dangerous weapons shall be expressly prohibited at a private camp.

Outdoor public address systems shall be prohibited at a private camps. Private camps shall comply with Chapter 166, Noise, of this code.

The private camp's water supply and sewage disposal facilities shall be subject to approval by the Dutchess County Department of Health, as applicable.

The minimum lot area shall be six acres.

A maximum of 20 beds per acre shall be permitted in any such use.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of the permit.

The minimum lot area shall be two acres.

Sufficient aisle(s) and loading space(s) shall be provided on-site to permit a minimum of eight cars forming a procession.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

An accessory dwelling unit for the manager or on-site custodian may be allowed.

Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of any permit.

The minimum lot area shall be two acres.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

An accessory dwelling unit for the manager or on-site custodian may be allowed.

Licensing by the New York State Department of Social Services shall be required.

The minimum lot area shall be three acres.

Ten visitor parking spaces, plus two parking spaces for each three employees, shall be provided. Vehicles awaiting repairs shall be located in an area that is screened from public view.

Overhead garage doors providing access to maintenance and repair facilities shall not be located facing any street and shall be visually buffered from surrounding residential districts.

It has been determined by the Wappinger Town Board that large unbuffered expanses of parked, stored and/or displayed vehicles represent an impairment to the visual environment of the Town. The Town Board's purpose in promulgating the following provisions is to minimize such impairment while balancing the rights of the business community with those of the general public. The number of vehicles on any given site shall not exceed a maximum of 70 per gross acre; this maximum density pertains to all vehicles on the site, including but not limited to display, storage, repair, customer and employee vehicles. Said vehicles shall be confined to the portions of the site designated for them on the approved site plan. Further, the parking, storage and display of vehicles along the site's roadway frontage(s) shall not exceed a maximum of one vehicle for every 40 feet of frontage. The densities of vehicles specified in this section may be achieved if, in the Planning Board's opinion, the site can accommodate such densities without resulting in adverse visual impact; the site characteristics to be evaluated in this regard shall include but not necessarily be limited to the size and shape of the lot, the size and shape of the building, existing and proposed vegetation and the site's topography. The Planning Board shall also have the authority to require berming and/or substantial year-round vegetative screening along the site's frontage(s) where the Board deems that a sufficient display of vehicles is achieved. Further, the Planning Board shall have the authority to determine whether any outdoor lifts for the parking, display or storage of vehicles shall be permitted.

All automobile parts, partially dismantled motor vehicles or similar articles shall be stored within a building. All repair and service work shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways. Vehicles requiring such work shall not be stored outdoors for a period exceeding 14 days, unless such vehicles are entirely located within a fenced-in area and are visually screened from all adjoining properties and roadways.

Use of a building for residence or sleeping quarters shall not be permitted.

Notwithstanding requirements to the contrary, the sale of small motor vehicles less than 1,500 pounds' gross weight, such as go-carts, jet skis, and motorcycles, shall be permitted and regulated as a retail use, provided there is no outdoor storage; the floor area for the use is less than 5,000 square feet; and, with the exception of the minimum acreage requirements, the use meets all other requirements of § 240-67.

The minimum lot area shall be seven acres.

Ten visitor parking spaces, plus two parking spaces for each three employees, shall be provided.

Outdoor storage and display will be allowed, provided that such storage/display areas are screened from all streets and residential areas. Such storage/display area shall not encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth on the approved site plan.

Each guest room shall have at least 200 square feet of gross floor area, including a bathroom, and no suite shall contain more than two bedrooms.

No hotel or motel operator shall permit a guest to occupy such accommodations for more than 30 days within any ninety-day period.

Legislative intent. This section is enacted to allow the use of housing units in the Town of Wappinger for short-term rental purposes so as to enhance the tourism economy of the Town while protecting the safety of renters and the privacy of residents; ensuring that the value of housing is tied to its use for residential purposes; and helping to maintain the affordability of both home ownership and rental units. The intent of this section is to regulate the use of residential structures for short-term rental purposes by defining such uses in the Town of Wappinger Zoning Law and providing minimum quality of life, environmental, land use, building code safety and short-term rental operational requirements to be met in permitting these uses to be established. This section is intended to apply to all existing and future housing units in the Town and to dictate the requirements for the establishment of a short-term rental.

Definitions As used in this section, the following words shall have the meaning indicated:

Restrictions. The following restrictions shall apply to all short-term rental properties:

Annual operating permit; application.

Operational requirements.

Violations.

The minimum lot area shall be two acres.

Ten visitor parking spaces, plus two spaces for each three employees, shall be provided. Towed vehicles and vehicles awaiting servicing/repairs shall be located in an enclosed area and only in a side yard or rear yard, unless waived by the Planning Board.

Towed vehicles and vehicles for repair or service shall be parked or stored on those portions of the site designated for such storage or parking as shown on the approved site plan. Partially dismantled vehicles shall not be stored in any required yard setback nor be located in any buffer strip required by this chapter, except where the Planning Board determines that an adequate buffer will be provided to protect adjacent properties and uses and that the appearance of such storage will not result in adverse visual impact.

No outdoor sales or display of vehicles for sale shall be permitted.

All automobile parts or similar articles shall be stored within a building. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a building or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be conducted entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways.

The lot on which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools.

Use of a building for any residence or sleeping quarters shall not be permitted.

The use may only be permitted on a lot containing four or more acres.

The lot in which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools.

No portion of the building in which a restoration or rehabilitation occurs shall be used as a residence or sleeping quarters.

There shall be a minimum of five visitor parking spaces plus one space for each employee.

Antique vehicles awaiting restoration shall be located within a building or within an outdoor storage area, except that the Planning Board may permit the parking of up to 14 antique passenger motor vehicles in an approved parking lot so long as such vehicles are duly registered and in good repair and the automotive body physically appears to be in operating condition. Such vehicles shall not have missing body parts and shall not be covered with tarps or other coverings.

Any outdoor storage area associated with the use shall be:

No more than 18 antique passenger motor vehicles may be stored in all the outdoor storage areas on the lot.

A maximum of four pads for display of fully restored antique vehicles are permitted on the lot.

All restoration, rehabilitation, painting and related work, including car washing, of such antique passenger motor vehicles shall be conducted within a building.

There shall be no outdoor repairs, painting or storage of materials, parts, equipment of any kind or nature whatsoever, except as provided above.

The sale of a passenger motor vehicle may be permitted as an accessory use in connection with the restoration of antique passenger motor vehicles, provided that no more than seven antique passenger motor vehicles are sold in a single year.

In residential districts, the minimum lot area shall be seven acres for veterinarian offices, and shall be 10 acres for pet day care, commercial kennels or any facilities with outdoor runs. In nonresidential districts, the minimum lot area shall be two acres for any facilities with outdoor runs.

All facilities shall be centrally located on the property to allow for adequate distance from the property line to reduce the effect of barking animals.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic, noise and odor impacts and impairment of the use, enjoyment and value of property in the area.

For veterinarian offices, pet day care and commercial kennels located within a residential district, one nonilluminated freestanding identification sign, not to exceed two sides of six square feet in area per side, shall be permitted. The appearance, size and location of the sign shall be subject to the approval of the Planning Board.

The lot and structures shall conform to the dimensional requirements of the district in which the property is located.

No outdoor public address system shall be permitted unless specifically approved by the Planning Board and where such Board has determined that the use of such system will not be a nuisance to the surrounding area.

The Planning Board may impose such conditions as it deems necessary to avoid traffic, noise, odor, lighting impacts and the impairment of the use, enjoyment and value of property in the area.

Where abutting a residential district, all commercial recreation uses, structures and activities shall be set back twice the otherwise applicable requirement of the district in which the property is located or twice that of an adjacent residential district, whichever is greater. The Planning Board may reduce such additional requirement where topography or existing or proposed buffer landscaping or some other means will provide adequate protection of the surrounding properties.

The minimum lot area shall be 40,000 square feet and all structures must conform to the dimensional requirements of the zoning district in which the property is located.

Bed-and-breakfast establishments shall only be permitted within an existing detached one-family dwelling which is at least 15 years old. No additions shall be permitted to create additional guest rooms. No guest rooms or meals shall be permitted in an accessory structure.

The property owner or proprietor shall occupy the premises as their primary residence.

Two parking spaces, plus one parking space for each guest room, shall be provided. Parking is prohibited in the front yard unless screened and determined by the Planning Board to be compatible with the surrounding area.

Guest occupancy shall not exceed 14 days within any thirty-day period.

Only resident guests may be served meals. No cooking shall be permitted within guest rooms.

Dutchess County Health Department approval of the water supply and sewage disposal systems shall be required prior to the issuance of any permit or certificate.

One identification sign, not to exceed two sides of two square feet in area per side shall be permitted. The appearance, size and location of the sign shall be subject to the approval of the Planning Board. Said sign may be illuminated.

The Planning Board may impose conditions as it deems necessary to avoid or minimize traffic impacts and the impairment of the use, enjoyment and value of property in the area.

A bed-and-breakfast establishment shall not be permitted on a lot where the dwelling also contains a home occupation as an accessory use or a professional home office use.

A bed-and-breakfast establishment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the bed-and-breakfast establishment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building Inspector shall inspect the premises and shall report on the condition of structures on the premises to the Planning Board. No permit shall be granted until all outstanding violations of the Building Code and Zoning Law are corrected. All conditions of the special permit must be complied with and shall be subject to inspection by the Building Inspector.

In making its determination on the special permit, the Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed bed-and-breakfast establishment, including the exterior appearance of one-family dwellings. The building in which the bed and breakfast establishment is located must continue to appear to be a one-family dwelling.

In addition to the information required in Article IX herein, the owner-applicant shall present to the Planning Board a floor plan of each habitable floor of the building with all interior dimensions, including windows and doors and with an assignment of spaces to the proposed dwelling units and guest rooms, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning Board to understand and decide upon the acceptability of the proposal.

The special permit shall be issued to the owner(s) of the property. Should there be a change in ownership or if the premises is no longer occupied by the owner or proprietor as their primary residence, the special permit and the certificate of occupancy for the bed-and-breakfast establishment shall be in need of renewal.

Terms of permit.

A bed-and-breakfast establishment may be located on property used for agricultural purposes.

The applicant shall demonstrate to the satisfaction of the Planning Board that there is adequate land area for the number and type of animals to be raised and kept on the property.

No storage of manure or any other odor- or dust-producing substance or operation shall be permitted within 100 feet of a street or property line, nor within 150 feet of a watercourse or wetlands area, unless the storage is within a fully enclosed building.

No building housing horses shall be permitted within 100 feet of any perimeter property line of the site.

Accessory living quarters which share a common cooking and dining facility may be provided for the exclusive use of grooms and other employees required to care for or train horses stabled on the site. There shall be no more than one such employee residing on the premises for each four horses stabled, up to a maximum of five such employees. Any such accessory living quarters contained within a detached one-family dwelling shall be placed in a manner that will allow a future subdivision based upon compliance with current zoning regulations.

No events, competitions or shows shall be allowed except where specifically permitted by the Planning Board.

No outdoor lighting shall be permitted, except for normal security lighting in accordance with a plan approved by the Planning Board.

No outdoor loudspeakers or other forms of public address system shall be permitted.

The Planning Board or its duly authorized representative shall be granted the right, upon reasonable notice to the property owner, to conduct inspections of the riding academy or commercial stable to ensure compliance with the conditions of special permit and site plan approvals.

The Planning Board may require any other additional requirements as deemed necessary to avoid or minimize noise, odor, nuisance or traffic impacts and the impairment of the use, enjoyment and value of property in the area.

Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which increase the crime rate and undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for an increase in crime and the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of adult uses in the Town.

Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of site plan approval by the Planning Board shall be subject to the following requirements, in addition to the requirements of site plan approval in Article IX herein.

No outdoor public address system shall be permitted unless specifically approved by the Planning Board and where such Board has determined that the use of such system will not be a nuisance to the surrounding area.

The Planning Board may impose such conditions as it deems necessary to avoid traffic, noise, odor, lighting impacts and the impairment of the use, enjoyment and value of property in the area.

Where a use such as a hotel contains an entertainment use, said entertainment use shall comply with the two subsections listed immediately above.

All equipment, materials and activities shall be contained entirely in either fully enclosed buildings or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved and/or its location, shall be contained entirely in fenced-in areas which are visually screened from all adjoining properties and roadways.

The subject use shall not result in the production of any hazardous wastes.

Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town.

Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein.

The minimum lot area shall be one acre.

No more than two residents shall be allowed to occupy any room in a congregate care facility. Each room in the facility shall have at least 200 square feet of gross floor area, including a bathroom. As part of the special permit, the Planning Board may permit the existing facility to be expanded by not more than 19,000 square feet, provided that all applicable parking, septic and well requirements are met. In no event shall the floor area ratio exceed 0.5.

The property must have frontage on and practical access to a state highway to ensure adequate service, emergency vehicle and van access.

Dutchess County Health Department approval for sewer and water services shall be required prior to issuance of the permit.

The facility to be converted must be located in the GB General Business Zone and be a lawfully existing hotel or motel existing as of January 1, 1997.

The facility shall comply with all applicable new York State requirements.

The facility must obtain site plan review and establish:

This section shall provide standards and requirements for the regulation and placement of telecommunications towers, antennas and personal wireless service facilities in the Town of Wappinger.

Legislative intent and purpose. The purpose of regulating telecommunications towers, antennas and personal wireless facilities and towers is to:

Consistency with federal law. These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

Locational standards.

Exemptions.

Application requirements.

General requirements for F/TSP(s).

General requirements for RSP(s).

Approval criteria.

Monitoring and evaluation of compliance.

Removal requirements. Any personal wireless service facility or repeater which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility or repeater and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility or repeater site shall be remediated such that all personal wireless service facility or repeater improvements which have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed and the facility or repeater site, including any access road(s) which lead to that facility or repeater site from the main access road, shall be revegetated. If all facility or repeater sites have ceased to operate, the owner(s) of the last personal wireless service facility or repeater to leave the site shall revegetate the access road(s) in its/their entirety. Existing trees shall only be removed with the written permission of the SPGA and only if the SPGA determines such removal of trees to be necessary to complete the required removal of personal wireless service facility(ies) or repeater(s).

Fees and insurance.

Permit expiration and renewal. Any special permit granted under this action shall lapse if the applicant fails to begin construction on the facility, tower and/or repeater within a one-year period of said grant.

There shall be no on-site inventory for retail sales.

Temporary warehouse storage for the delivery of ordered items may be permitted as an accessory use.

The pet crematorium shall possess a current and valid license issued in accordance with § 750 of Article 35-C of the General Business Law of New York State.

The pet crematorium shall not provide for permanent interment or permanent inurnment of pet remains.

The pet crematorium shall not include any facilities for resource recovery as defined in § 27-0701 of the New York State Environmental Conservation Law.

The pet crematorium shall not include any disposal facility regulated under Title 15 of Article 27 of the New York State Environmental Conservation Law that is engaged in the incineration of medical waste.

A pet crematorium shall not include any facilities which constitute rendering plants licensed pursuant to Article 5-C of the New York State Agriculture and Markets Law.

The pet crematorium shall only cremate pets and shall not cremate pets which exceed 150 pounds in weight. Notwithstanding the above, the crematorium may cremate animals which have been struck and killed on roadways ("road kill").

All on-site operations, including but not limited to unloading and loading, as well as all facilities and storage, including but not limited to the storage of dead animals, shall be located indoors.

The pet crematorium shall comply with the provisions of Article XI, Performance Standards, of this chapter.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize odor, noise and other impacts, and impairment of the use, enjoyment and value of property in the area.

Parking for the pet crematorium shall be provided as set forth in Article X of this chapter and as required by the Planning Board.

Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the pet crematorium.

Each pet crematorium shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license in accordance with § 750 of Article 35-C of the General Business Law of New York State, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the pet crematorium is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

The pet cremains shall be removed from the site on a weekly basis.

The minimum lot area for this use shall be two acres.

The home in which the use is proposed shall be listed on the state or federal Register of Historic Places, and all nonresidential activities on the site shall be historic in nature.

The exterior appearance of the home shall remain that of a historic one-family residence.

The number of persons assembling in the house shall not exceed the fire-rated occupancy of said house. Further, the use shall be required to comply with all applicable Building Code[1] requirements for any proposed indoor assembly.

The maximum permitted number of customers on the site at any given time shall be established by the Planning Board as part of its approval of the special permit for the proposed use, based upon factors including, but not limited to, the size of the subject property, the number of parking spaces available to the proposed use, the proximity of neighboring residences, etc.

The use may include an accessory gift shop which is available to persons attending events on the site, but the gift shop shall not be open to the general public.

The historic use shall be accessory to the principal use of the dwelling for living purposes. Further, the use shall not be permitted on a lot where the dwelling already contains a home occupation, professional home office or studio use.

Not more than two full-time nonresident employees, associates or assistants, excluding the owner(s), shall be employed on the premises.

The use shall not include any amplified speaking or amplified music. Further, the Planning Board may impose such conditions as it deems necessary to avoid or minimize traffic, odor, noise and other impacts, and the impairment of the use, enjoyment and value of property in the area. The use shall be conducted in such a manner and during such hours that it is not detrimental to the immediate neighborhood. The Board may also require additional landscaping or screening to buffer parking areas from adjoining dwellings.

Unless the premises is serviced by a community water or sewer system, approval of the Dutchess County Department of Health for such services shall be obtained prior to issuance of a certificate of occupancy and/or certificate of compliance.

There shall be no external evidence or advertising of the business other than one identification sign, not to exceed two sides of two square feet in area per side. The appearance, size and location of the sign shall be subject to the approval of the Planning Board.

Parking shall be provided as set forth in Article X and as determined by the Planning Board. Notwithstanding the requirements of Article X, the Board may allow a shared parking arrangement between the subject use and an adjacent nonresidential use, whereby a lesser amount of off-street parking is permitted for the two uses than would otherwise he required, so long as the applicant has demonstrated to the Planning Board that the hours of operation of the two uses will be such that a sufficient amount of parking will be provided for each use.

The number of customers coming to the site shall be such that the number of cars does not exceed the number of provided parking spaces.

In reviewing and approving the special permit application, the Planning Board may limit the size and frequency of the events to be held.

The lot shall have frontage on a state or county road and the use shall derive its primary access from such road.

Approval for the use shall be required to be obtained from the Dutchess County Department of Health, if applicable, for any food preparation services proposed.

This use shall be permitted only where all structures on the premises are in compliance with the Uniform Code of the State of New York and the Town Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until violations of the Uniform Code and Town Code, if any, have been corrected.[3]

Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the use.

Each use shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use is in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the use is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

The property owner or proprietor shall occupy the premises as his or her primary residence. Further, the special permit shall be issued to the owner(s) of the property. Should there he a change in ownership, or if the premises is no longer occupied by the owner or proprietor as his or her primary residence, the special permit and the certificate of occupancy for the subject use shall be in need of renewal as per Subsection S immediately above.

The pawnshop shall comply with the provisions of Article 5 of the General Business Law of New York State.

The pawnshop shall possess a current and valid license issued in accordance with Chapter 99, Collateral Loan Brokers, of the Town Code.

The proposed pawnshop shall not be located within 1,000 feet of an existing pawnshop.

The Planning Board may impose such conditions as it deems necessary to avoid or minimize impacts and the impairment of the use, enjoyment and value of property in the area of the proposed pawnshop.

Parking for the pawnshop shall be provided as set forth in Article X of this chapter and as required by the Planning Board.

Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for the pawnshop.

Each pawnshop shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the use possesses a current and valid license, in accordance with Chapter 99 of the Town Code, and is otherwise in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate of compliance, once issued, shall be valid for a period of one year, provided that the use complies with the terms of this chapter. In the event that the review and/or inspection determines that the pawn shop is no longer in compliance with this chapter, the certificate of compliance shall be revoked and the Planning Board shall then undertake a review to determine whether the special use permit shall be revoked.

The boardinghouse shall contain a total of not more than 16,000 square feet of gross floor area.

The minimum area of the lot in the Highway Business (HB) Zoning District shall be one acre.

Efficiency units and dwelling units may have a full kitchen consisting of a sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to having only a small refrigerator and a microwave. In approving any special permit for a boardinghouse, the site plan shall specifically indicate the approved numbers and locations of sleeping rooms, efficiencies, one-bedroom dwelling unit, kitchen elements, etc.

There shall be no more than one sleeping room or efficiency unit for each 1,500 square feet of lot area in the HB Zoning District. Notwithstanding the above, one one-bedroom dwelling unit for the caretaker of the boardinghouse may be substituted for a sleeping room or efficiency unit.

Each sleeping room or efficiency unit shall contain at least 145 square feet of gross floor area including a bathroom.

Dutchess County Health Department approval of the water and sewer services shall be required prior to the issuance of any permit.

Parking shall be provided as set forth in Article X and as required by the Planning Board. The Board may require additional landscaping or screening to buffer parking areas from adjacent uses.

All equipment, materials and activities shall be contained entirely in either fully enclosed buildings or, where deemed appropriate by the Planning Board due to such factors as the size of the property involved, and/or the nature and type of equipment, materials and activities involved, shall be contained entirely in fenced-in areas which are visually screened from all adjoining properties and roadways.

The subject use shall not result in the production of any hazardous wastes.

Density.

Minimum residential and commercial components. As measured by net lot area, the mixed use shall be at least 25% residential and at least 25% commercial.

Yards. The mixed-use development shall comply with the minimum front, side and rear yard requirements of the RMF-3 Multifamily Residence District.

The off-site parking shall be screened to the satisfaction of the Planning Board from adjoining uses and roadways, shall be set back 100 feet from all roadways and residential zoning districts, and shall be orderly as shown on a plan approved by the Planning Board.

The off-site parking shall only be for new motor vehicles and those which are less than five years old, and said parking shall not exceed 70 vehicles per gross acre.

The lot on which the off-site parking is located shall be at least two acres in size and shall be owned or leased by the motor vehicle sales establishment.

The area used for the off-site parking shall be surplus relative to any area of the lot occupied by required parking for any use of said lot.

The off-site parking shall be for storage only, and no sales or display shall take place on the lot used for the off-site parking.

The off-site parking shall be subject to the issuance of a building permit subsequent to special permit and site plan approvals.

Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well-being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of smoke or vape shops in the Town.

Standards. To help achieve the above-stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein.