Wappingers Falls Village
City Zoning Code
City Zoning Code
ARTICLE IX
Supplementary Standards
§ 151-66 General.
§ 151-67 Principal uses.
(Reserved)
Animal grooming.
Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. "Hours of operation" shall include those hours when animals are brought to and from the establishment.
Any building housing animals shall be located at least 200 feet from any residential district boundary or land in residential use, including residential use in a mixed-use building. If soundproof construction is used, normal district setbacks and bulk regulations shall apply.
Animal noises and odors shall not be detectable at the property boundary.
No outdoor dog runs or animal kennels shall be permitted.
No overnight boarding of animals shall be permitted.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Village of Wappingers Falls and the Dutchess County Department of Behavioral and Community Health.
Animal hospital or veterinarian.
Assisted living facility.
Purpose. The Village Board recognizes that there is a community need to provide housing facilities for older citizens who do not need skilled nursing care but do require support and assistance with their daily living in a monitored, home-like setting. It is the intent of this section to permit development of assisted living facilities for senior citizens, to ensure that such developments provide the basic services and facilities to accommodate residents' needs and to minimize detrimental effects on neighboring properties.
Assisted living residence units shall comply with the following:
Except for the necessary staff and their families, the occupancy of an assisted living residence unit shall be limited to two individuals, at least one of whom must be 60 years of age or older.
No dwelling units shall be allowed in a basement.
All assisted living units shall have access through interior corridor only.
Assisted living units shall not contain cooking facilities.
Units shall not be used as apartments for transient tenants.
Units shall not contain more than two bedrooms, a separate living area and bathroom and shall not be connected by interior doors in groups of more than two. At least 60% of the units must be either studio or one-bedroom units.
Common areas/ancillary services shall be permitted and shall comply with the following:
The assisted living residence shall provide, in the same building or in a separate structure, a main kitchen and dining area.
The assisted living residence may provide, in the same building or in separate structures, the following: a small staff kitchen/dining area; small pantry areas with a sink, microwave oven and refrigerator in the common areas for use by residents and guests; recreation rooms; lounges; rehabilitation facilities; exercise rooms; laundry rooms; medical infirmary; beauty salon; housekeeping services and transportation services, but only to the extent that these uses meet the needs of the residents of the facility. Such uses shall not be available or open to the general public. This list is meant to be illustrative and not exclusive.
Not more than one dwelling unit is permitted to be occupied by a project superintendent or site manager and his/her family.
Accessory structures and uses. Facilities necessary to meet the proper maintenance, security, storage and utility needs of the development are permitted.
Development standards. Assisted living residences shall be subject to the following standards as well as other applicable standards of this chapter:
Minimum lot area: five acres.
The minimum distance from the building to any interior driveway/parking area shall be 25 feet from an assisted living unit bedroom.
A minimum of 30% of the site shall be greenspace, which may include recreational areas such as walking paths, gazebos, and outdoor seating areas.
Any outdoor sitting areas or walking paths shall be well-defined by walls, fences, hedges or planting designed to impart a sense of containment or security and to provide group privacy.
Bar or tavern. No bar or tavern shall be located within 200 feet of any residential district boundary or adjacent to any lot that contains a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse.
Cannabis retail dispensary.
Purpose. The purpose of this section is to provide regulations permitting the establishment of licensed, authorized cannabis retail dispensaries within the Village.
Required approvals.
No person or entity shall sell or distribute cannabis products, or hold itself out as an organization licensed by New York State for such sale or distribution, unless it has complied with Articles 3 and/or 4 (as applicable) of the New York Cannabis Law and this Zoning Law, and is licensed by the New York State Office of Cannabis Management.
A licensed cannabis retail dispensary shall be allowed only after the granting of a special use permit and site plan approval by the Planning Board, subject to the requirements set forth in this section.
A special use permit authorizing only a licensed medical cannabis dispensary or an adult-use retail dispensary shall not be deemed to include the other use.
Licenses and permits. A special use permit issued pursuant to this section shall be conditioned on the permittee obtaining and maintaining all required state and local licenses and/or permits and complying with all applicable state and local public health regulations and all other applicable laws, rules and regulations at all times. No building permit or certificate of occupancy shall be issued for a cannabis retail dispensary that is not properly licensed.
Limitation of approval.
A special use permit authorizing the establishment of a cannabis retail dispensary shall be valid only for the site on which the cannabis retail dispensary has been authorized by such special use permit. Relocation of a dispensary to a different site shall require a new special use permit. A separate special use permit shall be required for each premises from which a licensed cannabis retail dispensary is operated.
Upon the revocation or expiration without renewal of the NYS license or registration for a cannabis retail dispensary, the special use permit shall terminate, and a new special use permit shall be required prior to issuance of a certificate of occupancy.
Application requirements. In addition to any other application requirements for uses that require a special use permit and site plan approval, an application for a cannabis retail dispensary shall contain, at a minimum, the following information:
Description of activities. A narrative detailing the type and scale of all activities that will take place on the site.
Context map. A map identifying, at a minimum, the location of the proposed establishment, the locations of all other cannabis retail dispensaries within the Village, and the location of any nearby school, place of religious worship, park, playground, playing field, or place of business which caters to minors, with measured distances provided sufficient to demonstrate that the location of the proposed establishment complies with the standards of Subsection G(7) below.
Building elevations and signage. Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used. The Planning Board may require perspective drawings and illustrations of the site from public ways and abutting properties.
Location standards. A cannabis retail dispensary shall be allowed only in the Commercial Mixed Use (CMU) District, subject to any limitations set forth in the regulations of that district.
Buffer zones.
As further defined by § 119.4 of the NYS Cannabis Law,[1] and unless otherwise modified by the NYS Cannabis Control Board, no cannabis retail dispensary shall be located:
On the same road and within 200 feet of the entrance of a building occupied exclusively as a place of religious worship;
On the same road and within 500 feet of the entrance of a building occupied exclusively as a school; or
On the same road and within 500 feet of a structure and its grounds occupied exclusively as a public youth facility.
[1]
Editor's Note: See 9 NYCRR 119.4.
The measurements in this subsection shall be taken in a straight line from the center of the nearest entrance of the premises proposed to operate as a retail dispensary to:
The center of the nearest entrance of the place of religious worship; and
The center of the nearest entrance of the nearest building on the school grounds; and
The center of the nearest entrance of the nearest building of a public youth facility; or if no entrance exists, the nearest structure of such public youth facility; or if no structure exists, the nearest point of the grounds of the public youth facility's legally defined property boundary as registered in the Dutchess County clerk's office; or if no clear delineation of grounds exists, the nearest point of equipment, the primary purpose of which is reasonably expected to be used by children 17 years of age or younger.
For purposes of this subsection, the "entrance" shall mean a main door regularly used to give ingress to the general public. Such definition shall not include cellar doors, back and side doors, delivery entrances, emergency exits, or a door which has no exterior hardware, or which is used solely as an emergency or fire exit or for maintenance purposes, or which leads directly to a part of a structure not regularly used by the general public or patrons.
For a retail dispensary that is proposed to be located in a multi-story building, the entrance shall mean the main building entrance, as defined in the preceding subsection, at the road level.
If the place of religious worship, nearest building on the school grounds, public youth facility, or the proposed retail dispensary is situated on a corner lot, such structure is considered to be on both roads of the intersection, whether or not there is an entrance to the structure on both roads.
Specific standards.
A cannabis retail dispensary shall comply with all aspects of New York State Cannabis Law.
Unless otherwise permitted by New York State regulations, a cannabis retail dispensary shall be located only in a secure, permanent building and not within any mobile facility, and all dispensing of cannabis products shall be conducted within the building.
The building and site shall be designed to mitigate any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior.
The cannabis retail dispensary shall not have opaque, unwelcoming ground-floor facades that may detract from other retail activity in the district. Where interior activities must be screened from public view, opaque facades should be minimized, and where they are necessary they should include changing art displays or other measures to provide visual interest to the public.
Signs shall be affixed to a building or permanent structure, and may not be located on vehicles owned, leased or utilized by registered organizations. Signs shall not depict cannabis, cannabis products or paraphernalia, or the imagery or action of smoking or vaping. In all other respects, signage shall conform to Article VII of this chapter and the requirements of state laws and regulations governing such facilities.
The hours of operation of a cannabis retail dispensary shall be limited to Monday through Saturday from 9:00 a.m. to 9:00 p.m., and Sunday from 11:00 a.m. to 6:00 p.m., or as otherwise established by the Planning Board as a condition of the special use permit, but in no case shall the Planning Board permit a cannabis retail dispensary to operate between 2:00 a.m. and 8:00 a.m., nor shall the Planning Board restrict the operation of a cannabis retail dispensary to fewer than 70 hours a week, unless the operator agrees to do so.
No smoking, burning, vaping, or consumption of any cannabis product shall be permitted on the dispensary premises.
Cannabis retail dispensaries shall not have drive-through service.
No outside displays or storage of cannabis products, related supplies or promotional materials shall be permitted.
Child day-care center.
A child day-care center must have an active outdoor play area of 100 square feet per child.
Outdoor play areas must be located in the side or rear yard and shall be appropriately fenced in or otherwise protected from roads or nearby properties.
No outdoor play equipment may be placed within 10 feet of any property line, fence or structure.
The Planning Board may require that a child day-care center provide a pickup/dropoff area. When a day-care center is part of a multi-tenant retail center, the pickup/dropoff area shall not interfere with vehicle circulation in the parking lot, including, but not limited to, the drive aisles.
Off-street parking shall be provided as set forth in § 151-44. Child day-care centers must provide parking for persons with disabilities as required by New York State building codes.
Child day-care centers shall be operated and maintained in accordance with applicable laws, rules and regulations, including § 390 of the Social Services Law of the State of New York.
The owner and/or provider of a child day-care center shall provide a copy of the license or registration certificate from the New York Office of Children and Family Services, along with a copy of the liability insurance certificate to the Village of Wappingers Falls Planning Board as a condition of approval.
Community residential facility.
The location, design, and operation of a community residential facility must not alter the residential character of the structure. No structural or decorative alteration that alters the residential character of an existing residential structure used for a community residential facility is permitted. Any new or remodeled structure must be designed to be compatible with the residential character of the surrounding neighborhood.
The facility must comply with all building, fire safety, and health code requirements, and shall meet all Village, state, and federal regulations.
The dimensional and design standards applicable to a building occupied by or constructed for a community residential facility shall be the same as those dimensional and design standards applicable to the type of structure being constructed or occupied (e.g., single-family dwelling, two-family dwelling, three-family dwelling, townhouse, or multi-family dwelling).
Convenience store.
In the VMU District, a convenience store shall have a maximum gross floor area of 2,000 square feet, and shall not be permitted to sell gasoline.
No outdoor display of merchandise shall be permitted.
All vending and ice machines shall be located within the building.
Rooftop heating, ventilation, air conditioning or refrigeration units shall be directed away from adjacent residential properties.
Laundromat.
In the VC District, a laundromat shall only be permitted on a parcel that does not have frontage on a state road.
Any laundromat shall demonstrate to the satisfaction the Village of Wappingers Falls Water Board that adequate water supply is available to serve the use.
Laundromats shall be self-service, but may include laundry dropoff service.
Live-work dwelling.
In the VR District, a live-work dwelling shall be allowed only on a property that has frontage on Route 9D.
The nonresidential use shall be conducted in a manner which does not give the outward appearance of a business [with the exception of a sign as allowed in Subsection M(3) herein], does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property and the neighborhood. Any new construction undertaken to accommodate the live-work activity shall be wholly consistent with the character of a residential premises.
No sign shall be permitted for a live-work dwelling other than a sign permitted for a dwelling unit as set forth in § 151-54A(5).
Portions of the building used for residential and nonresidential uses shall have a connection between them located inside the building, and the nonresidential use may also be accessed from an exterior door.
The nonresidential portion of the live-work dwelling shall not exceed 750 square feet of gross floor area.
The live-work dwelling shall have no temporary or longer-term outdoor storage of materials or equipment used in connection with the nonresidential use.
If any portion of the nonresidential component of the live-work dwelling is open to the public, that portion shall be limited to the ground floor.
The above notwithstanding, because of parking requirements and the potential for noise, odors, traffic congestion and other issues of land use compatibility, the following uses are specifically prohibited from consideration as nonresidential use in a live-work dwelling under this chapter:
Ambulance service.
Taxi, limousine or similar service with more than one such vehicle used in the service.
Vehicle and equipment uses, as defined in this chapter.
Boat sales, rental and/or service.
Commercial servicing of construction equipment, including, but not limited to, backhoes, bulldozers and trucks.
Beauty salons and barbershops with more than two chairs.
Places of worship.
Restaurants, bars or taverns, and nightclubs.
Dancing, art, martial arts, and similar group instruction activity when serving more than five students per class.
Musical instrument instruction for more than two students at one time.
Child day-care centers.
Personal service establishments, licensed by the New York State Education Department, serving more than one customer at a time.
Construction companies, building contractors, home builders, or general contractors, with more than one Class 2 commercial vehicle used in the business.
Landscape contractors with more than one Class 2 commercial vehicle used in the business.
Animal services, as defined in this chapter.
Lodging.
A lodging facility may be located within one or more buildings on the property.
A guestroom in a hotel may contain a kitchenette for extended stays.
All uses integral to the lodging facility shall be clearly accessory to the facility, unless separately allowed as a principal use within the zoning district in which the lodging facility is proposed. Permitted accessory uses to a lodging facility include:
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Village of Wappingers Falls, the Dutchess County Department of Behavioral and Community Health, and the New York State Department of Health or Environmental Conservation.
Marina.
Any marina shall be located in an area where the physical attributes required by marinas already exist.
All marinas shall include, as appropriate, sufficient parking, parklike surroundings, rest rooms, adequate water supply, adequate sanitary sewage, and trash disposal and recycling facilities.
All applicable compliance review, permit and/or approval requirements administered by the Village of Wappingers Falls through its Local Waterfront Revitalization Program, Dutchess County Department of Behavioral and Community Health, the New York State Department of Environmental Conservation or Department of State Coastal Management Program, the United States Army Corps of Engineers, or the Federal Emergency Management Agency shall be strictly met.
Runoff from parking lots, maintenance, fueling, and wash-down areas shall be treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.
Fuel dispensing shall be prohibited.
Any special permit issued for a marina on Wappinger Lake shall comply fully with the standards set forth in Chapter 146, Wappingers Falls Lake, of the Village Code, and shall include as a condition of approval the additional requirement that a permit must be obtained from the Village Board for the proposed marina prior to either use of the property or the issuance of a certificate of occupancy or of compliance.
Nightclub. A nightclub shall only be permitted on a parcel with frontage on Route 9 that does not abut a property in a residential district or that contains a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse.
Parking structure.
A parking structure shall meet all of the required setbacks and other dimensional standards for a principal building for the zoning district in which it is located.
A parking structure in all districts, with the exception of the B District, shall include a building liner on the ground floor along all frontages adjacent to a public street. The building liner shall include a conditioned space at least 15 feet deep, measured from the exterior wall facing the street, to accommodate nonresidential uses along the entire street frontage, except as is necessary to provide space for vehicular entrance and egress to the structure from the street. The conditioned space may be used for any nonresidential use allowed in the zoning district in which the parking structure is located except for parking. The ground floor that faces a public street shall meet the primary facade transparency requirements of § 151-37 for the zoning district in which the parking structure is located.
For parking structures with roof-top open-air parking, a five-foot parapet wall is required to screen views of parked vehicles. The parapet wall shall be an integral part of the building's architectural design and shall be included in the maximum permitted height of the parking structure.
Where parking structures front on public streets, facade design and screening elements such as decorative grillwork, louvers, or translucent materials shall be used to mask the interior circulation ramps and views of parked cars below the hoodline, and to create the illusion of horizontality along the street. Opaque or semi-opaque facade materials shall extend at least three feet in height above the vehicle parking surface.
Parking structures shall be designed to minimize blank facades through architectural detailing and landscape.
Any vehicle exit barrier, including, but not limited to, a gate or payment booth, shall be located at least 20 feet inside the exterior wall of the parking structure.
The Planning Board may require the installation of pedestrian safety devices such as convex mirrors or other warning devices if it determines that there would be a significant risk to public health or safety without the installation of those devices.
Post office.
A post office in the VC District shall not exceed 1,000 square feet of gross floor area.
Schools, studio or vocational.
Driver-education schools with training in commercial truck driving shall not be permitted in the VC, VMU and B Districts.
Self-storage facility.
All storage shall be kept within an enclosed building.
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture, and the storage of any propane or gasoline engine or propane or gasoline storage tank or any boat or vehicle incorporating such components, is prohibited within any structure on the parcel of land designated as a self-service storage facility.
The storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other caustic, hazardous or toxic materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels is prohibited within any structure on the parcel of land designated as a self-service storage facility.
It is unlawful for any owner, operator or lessee of any facility or portion thereof to offer for sale or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage units, or to permit the same to occur upon any area designated as a self-service storage facility. An exception shall be made for the sale of abandoned property accordance with New York Lien Law § 182 or other applicable law or regulation.
No public address system shall be allowed.
In addition to the provision of parking in driving lanes adjacent to the storage building(s), off-street parking spaces shall be provided as set forth in § 151-44. Required parking spaces and driving lanes shall not be rented or used as vehicular storage.
Doorways or garage doors shall not face a public right-of-way, recreation park, or other public space.
Vehicle and equipment uses.
The following shall apply to all vehicle and equipment uses:
With the exception of signs, all structures associated with vehicle and equipment uses shall be set back a minimum of 25 feet from all property lines. The preceding setbacks shall supersede the setbacks specified in the District Schedule of Area and Bulk Regulations.
All major vehicle repair and service work shall be performed entirely within a fully enclosed building. The foregoing is not intended to be construed as meaning that the doors on any repair shop must be kept closed at all times.
Any vehicle awaiting repair or stored on site shall be provided with an adequately sized drip pan to prevent fluids from draining onto the site.
All equipment, merchandise, supplies, automobile parts, dismantled vehicles, unregistered or inoperable vehicles, and similar articles shall be stored within a fully enclosed structure.
Each vehicle offered for sale shall be permitted to display signs from inside the vehicle only. Such vehicles shall use no other writing, advertising or devices on or near the vehicle to attract attention.
No more than one abandoned, discarded or junk vehicle, all as defined in Chapter 141, Abandoned Vehicles, of the Village Code, shall be located on the premises for more than 60 days, unless vehicle towing service is a permitted accessory use in the district, in which case the standards of § 151-68O shall apply.
The site layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
Automobile vacuum cleaners shall only be permitted accessory to a vehicle wash.
In addition to the standards of Subsection U(1) above, the following standards shall apply to specific vehicle and equipment uses:
Vehicle service facility and gasoline stations.
No such establishment shall be located within 200 feet of any school, place of worship, public library, theater, hospital, park, playground, or other public gathering place designed for occupancy by more than 50 people.
No more than one vehicular entrance to and one vehicular exit from the site from a public street shall be permitted. If the site entrance and exit are combined in one curb cut, said curb cut shall have a maximum width of 25 feet, unless determined otherwise by the Planning Board based on a recommendation from the Village Engineer, and the maximum width of curb cuts for one-way traffic shall similarly be determined by the Board. No curb cut shall be located closer than 15 feet to any side lot line. For establishments located on a corner lot, only one curb cut per street frontage is permitted, unless site characteristics require an alternative, as deemed appropriate by the Planning Board.
Gasoline or flammable oils in bulk shall be stored fully underground, in accordance with New York State DEC Part 614 Regulations,[2] and may not be located closer than 25 feet to any lot or public right-of-way.
[2]
Editor's Note: New York State regulation 6 NYCRR Part 614 was repealed 9-11-2015, effective 10-11-2015.
No abandoned, discarded or junk vehicles, all as defined in Chapter 141, Abandoned Vehicles, of the Village Code, may be stored or parked outdoors on the premises. Only vehicles that have been or are waiting to be serviced may be stored or parked outdoors.
No vehicle may be stored or parked outdoors for longer than 15 calendar days once repair is complete or while waiting to be repaired, except in instances where necessary repair parts have been ordered and delivery is awaited. All such vehicles shall be suitably screened with walls, fencing or plantings, or a combinations of these, to obscure them from view from neighboring properties and from any public right-of-way, recreation park, or other public space.
In addition to other landscaping requirements established by this chapter, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen planting.
The Planning Board shall determine whether fuel pumps should be located to the rear of the building.
No fuel pump or associated canopy structure shall be located within 25 feet of any lot line.
No exterior audible and/or visual electronic devices such as loudspeakers, video and television screens, animated signs, and similar instruments shall be permitted.
Fuel pump canopies shall have sloped, mansard, or hip roofs.
Vehicle wash.
All structures shall be located a minimum of 200 feet from a zoning district boundary.
Vehicle stacking/drying spaces, off-street parking and loading shall be provided in accordance with the requirements of § 151-44.
Evidence of an adequate long-term source of public or private water shall be submitted to show that water usage will not affect surrounding properties.
Automobile vacuum cleaners shall not be permitted in a front yard.
Wireless telecommunications.
Purpose. The Village recognizes the increased need and demand for wireless communications transmitting facilities. Often these facilities require the construction of a communications tower. The intent of these provisions is to protect the Village's interest in siting telecommunications facilities in a manner consistent with sound land use planning by:
Minimizing visual effects of facilities through careful design, siting, landscaping and screening.
Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
Maximizing use of existing towers, buildings, and structures.
Allowing wireless service providers to meet their technological and service objectives for the benefit of the public.
Required approvals.
Lease approval. On Village-owned property in any zoning district, a telecommunications facility is permitted upon execution of a lease with the Village and upon the issuance of a building permit. For any property owned by the Village, all leases must be approved by a majority vote of the Village Board and must address relevant issues of safety, height, aesthetics, setbacks, future expansions of the facility, and co-location. A telecommunications facility on Village-owned property does not require review or approval from the Planning Board.
Site plan approval. Installation of telecommunications antennas and supporting facilities that do not include the construction of a new tower is permitted in the CMU District only, upon site plan approval from the Planning Board in accordance with Article XI.
Development standards.
Setbacks.
To safeguard the general public and adjacent properties, the minimum setback of all telecommunications towers and antennas from adjacent property lines shall be the height of the tower and antennas plus 10 feet.
The required setback may be decreased in those instances when the applicant has submitted plans for a tower designed to minimize damage to adjacent property in the event of a structural failure. Supporting facilities and guy anchors must comply with the minimum setback requirements of the zoning district.
Safety.
A road turnaround and two parking spaces must be provided to ensure adequate emergency and service access.
All towers and guy anchors, if applicable, must be enclosed by a fence not less than six feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism. Electrified fence, barbed or razor wire shall be prohibited.
The applicant must comply with all applicable state and federal regulations, including, but not limited to, Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) regulations.
Height.
Towers. The height regulations otherwise applicable in the underlying district do not apply to wireless telecommunications towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives.
Building- and structure-mounted antennas. Telecommunications antennas mounted on buildings or structures shall be restricted to a maximum height of 60 feet above the average finished grade of the building or structure, or the building or structure height, whichever is less, unless the applicant submits sufficient information to justify a greater height as the minimum necessary to achieve its coverage objectives.
Design and siting.
The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of FAA lighting and painting requirements, it being generally understood that a tower should not be artificially lighted, except as required by the FAA.
Telecommunications towers, antennas, and supporting facilities must be situated in a manner that minimizes their proximity and visibility to residential structures.
Every effort shall be made to conceal telecommunications towers, antennas, and supporting facilities within or behind architectural features to limit their visibility from public ways and residential uses while still allowing them to perform their designated function.
Telecommunications antennas mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
Telecommunications antennas mounted on a building must blend in with the existing building's architecture and, if over five square feet, must be painted or shielded with material that is consistent with the design and materials of the building.
Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
A tower must be either blue/gray in color, have a galvanized finish or be colored appropriately to the extent that the tower is as unobtrusive as possible, unless otherwise required by the FAA. Accessory facilities should maximize use of building materials, colors, and textures designed to blend with the natural surroundings.
No tower may contain any signs except signs displaying contact information and safety instructions. Such signs must not exceed five square feet in surface area.
Landscape and screening. The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. Existing trees and vegetation shall be preserved to the maximum extent practicable.
Preference for Village-owned sites. All telecommunications towers, antennas, and supporting facilities erected, constructed or located within the Village must comply with the following requirements. A proposal for the facility will not be approved unless the Planning Board finds that the antenna planned for the proposed facility cannot be accommodated on an existing structure located on Village-owned property within a one-mile radius of the proposed facility due to one or more of the following:
The antenna would exceed the structural capacity of the existing structure, as documented by a qualified professional engineer, and the Village has refused to reinforce, modify, or replace the structure to accommodate the planned or equivalent antenna.
The antenna would cause interference materially impacting the usability of other existing antennas at the structure as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.
Existing structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.
Other reasons that make it infeasible to locate the antenna upon an existing structure.
Co-location requirements. A proposal for a new telecommunications tower will not be approved unless the Planning Board finds that the antenna planned for the proposed tower cannot be accommodated on an existing tower or structure within a one-mile radius of the proposed tower due to one or more of the following:
The antenna would exceed the structural capacity of the existing tower or structure, as documented by a qualified professional engineer, and the existing tower or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
The antenna would cause interference materially impacting the usability of other existing antenna at the tower or structure as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.
Existing towers or structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.
Other reasons that make it infeasible to locate the antenna upon an existing tower or structure.
Any proposed tower shall be designed, structurally and electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is 100 feet in height or more, or for at least one additional user if the tower is 60 feet in height up to 100 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
Exemptions. The following are not subject to these provisions:
Existing facilities. Telecommunications towers, antennas, and supporting facilities in existence that do not conform to or comply with these regulations are subject to the following provisions:
Telecommunications towers, antennas, and supporting facilities may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with these regulations.
If telecommunications towers, antennas, and supporting facilities are damaged or destroyed due to any reason or cause whatsoever, the facility may be replaced or restored to its former use, location, and physical dimensions without complying with these regulations, provided, however, that if the cost of repair would be 10% or more of the cost of a new facility of like kind and quality, then the facility may not be repaired or restored except in full compliance with these regulations.
§ 151-68 Accessory uses.
[Amended 3-12-2025 by L.L. No. 1-2025]
General standards applicable to all accessory uses.
All accessory uses and structures must be clearly subordinate to the principal structure(s) and principal use(s) on the property.
An accessory use may not begin operation before a permitted principal use begins operation on the property.
An accessory structure may not be constructed before a permitted principal structure is constructed on the property.
Accessory dwelling units. Accessory dwelling units shall be allowed by special permit as an accessory use in the R and VR Districts, provided that the following standards are met:
An accessory dwelling shall be allowed as an accessory use to a detached single-family dwelling only.
An accessory dwelling may be located within the principal building or within an accessory building.
No more than one accessory dwelling shall be allowed per parcel.
The parcel on which the accessory dwelling is located shall have a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet.
An accessory dwelling shall be clearly incidental and subordinate to the principal dwelling and shall not change the single-family residential character of the property or the neighborhood.
Any additional exterior entrances which may be created for an accessory dwelling located within a principal building shall be located at the side or rear of the building.
The property owner must occupy either the principal or accessory dwelling on the premises, and the special permit for the accessory dwelling shall be in effect only so long as either the principal dwelling or the accessory dwelling is occupied by the owner of record as their primary residence. If the owner of the single-family dwelling resides in a location other than the premises for a period of more than 180 days in a one-year period, the special use permit shall become null and void, and the premises shall revert to its original permitted use which existed immediately prior to the issuance of the permit.
The gross floor area of the accessory dwelling shall not exceed 35% of the gross floor area of the principal building, or 650 square feet, whichever is the more restrictive.
The accessory dwelling shall have a maximum of one bedroom.
Adequate off-street parking for both the accessory dwelling and the principal dwelling shall be provided as set forth in § 151-44.
The accessory dwelling shall have safe and proper means of egress, clearly marked for the purpose of emergency services.
Stairways leading to any floor or story above the ground floor for an accessory dwelling located in a principal building shall be located within the walls of the building wherever practicable. Exterior stairways shall be located on the rear wall in preference to either side wall. In no instance shall an exterior stairway be located on any wall fronting a street.
If the water supply and/or sanitary sewage disposal is from a private source, approval shall be granted by the Dutchess County Department of Behavioral and Community Health for any required on-site sanitary or water supply system, or, as may be applicable, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on the residential premises where such conversion or new construction is proposed.
An accessory dwelling shall not be permitted on the same lot as a short-term rental or a Class 2 home occupation.
The provisions of the New York State Uniform Fire Prevention and Building Code shall apply to the accessory dwelling.
Boarders or lodgers. Boarders or lodgers shall be permitted as an accessory use to a single-family or two-family dwelling in any zoning district, provided that the following standards are met:
The boarder or lodger shall reside within the same dwelling unit as the resident-owner. Boarders or lodgers in premises owned by parties not actually residing therein is prohibited. Further, non-owners, tenants, lessees or renters of premises shall not maintain boarders or lodgers.
The number of boarders or lodgers permitted in the dwelling unit of the resident-owner is limited to two.
In addition to parking required for the residence, at least one additional off-street parking space shall be provided for each room offered for rent.
No room shall be rented for less than 30 consecutive days.
Craft beverage pub.
No craft beverage pub shall be located within 200 feet of any residential district boundary or adjacent to any lot that contains a single-family dwelling, two-family dwelling, three-family dwelling, or townhouse.
Drive-through facility.
A drive-through facility shall only be allowed in the CMU District. However, it shall not be allowed on any property in the CMU District that abuts the R District.
No part of a drive-through lane may be located within 100 feet of a residential property.
Stacking for a minimum of four vehicles per lane or bay shall be provided, and the applicant shall demonstrate to the satisfaction of the Planning Board that the proposed stacking lanes will be adequate to accommodate anticipated customer use without vehicles backing up onto public highways.
Drive-through stacking lanes shall have a minimum width of 10 feet, as measured from the outermost point of any service window or bay entrance to the edge of the driveway, and a minimum length of 20 feet per vehicle. In the case of a recessed service window, the measurement shall be taken from the building wall.
All drive-through lanes shall be located and designed to ensure that they do not adversely affect traffic circulation on adjoining streets. Drive-through lanes on corner lots shall not route exiting traffic into adjacent residential neighborhoods.
Drive-through canopies shall be permitted provided they do not contain any signage other than height-warning signs needed for safety. They shall be painted to be coordinated with the building, and shall be a maximum of 10.5 feet tall.
The main entrance to the principal commercial use to which the drive-through is accessory must face the street. On a corner lot, the Planning Board shall determine which street the shopfront shall face.
All parking shall be located to the rear or side of the principal building.
No drive-through window shall be permitted in a front yard. Drive-through windows shall only be located on the side or rear of the building.
Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the lot line of the property or, if the site is a leased portion of a property, from the leased area.
No exterior electronic devices such as video and television screens, animated signs, and similar instruments shall be permitted. Electronic message signs shall be permitted for order station signs subject to the provisions of § 151-52B(5).
An illustrative example of the appropriate configuration of building with a drive-through is shown on Figure VIII-1.
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Electric vehicle charging station.
Applicability.
Electric vehicle charging station(s) [EVCS(s)] with a Level 1 or Level 2 charging level shall be permitted in all zoning districts as an accessory use to a single-family dwelling, two-family dwelling, three-family dwelling, multi-family dwelling, or townhouse to serve the occupants of the dwelling(s).
EVCSs with a Level 2, Level 3 or greater charging level shall be permitted as an accessory use to any nonresidential use in the RMU, VMU, VC, CMU, and B Districts, subject to site plan approval and the design criteria of Subsection F(2) herein.
Design criteria. The following criteria shall be applied to the location and design of all EVCSs associated with any nonresidential use and multi-family dwellings with 10 or more dwelling units:
Parking. EVCSs shall be located in an existing or proposed parking space developed in accordance with the provisions of § 151-44.
Location. Unless required by Subsection F(2)(k) herein, EVCSs shall not be located in the most convenient or prime parking spaces that would encourage use by nonelectric vehicles.
Equipment shelters. Above-ground electric vehicle charging equipment shall be contained in a Milbank enclosure or equivalent equipment shelter.
Cord management. EVCSs shall be provided with a cord management system that keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCSs shall include a place to hang the cord and connector sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
Design and screening. Facilities should be able to be readily identified by electric vehicle users, but be compatible with the character and use(s) of the site. The Planning Board may require screening of electric vehicle charging equipment with fences, walls and/or evergreen vegetation.
Equipment protection. Adequate protection of electric vehicle charging equipment, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards if the electric vehicle charging equipment is setback a minimum of 24 inches from the face of the curb.
Pavement markings. No pavement markings or colored pavement shall be permitted other than what is required for standard and accessible parking spaces, and an electric vehicle symbol a maximum of 8 1/2 square feet in size. The standard pavement markings indicating the parking space for the EVCS shall be painted green, unless the space is an accessible parking space.
Number. Unless the Planning Board determines otherwise, no more than 10% of the total number of parking spaces that are required to serve the use(s) on the property may be electric vehicle parking spaces that are exclusively proprietary to a specific brand of vehicle.
Signs.
In addition to any signs required by law and the posting of the information in the following Subsection F(2)(i)[2], each EVCS also may include one sign, a maximum of one square foot in size. Said sign shall be incorporated into or affixed to the charging station and shall not be a separate stand-alone sign; it shall not be an illuminated sign; shall not require a sign permit; and shall not be included in the total number of permitted signs for the lot or use to which the charging station is accessory.
The following information shall be posted on all EVCSs: voltage and amperage levels; hours of operations if time limits or tow-away provisions are to be enforced; usage fees; safety information; and contact information for reporting when the equipment is not operating properly or other problems.
No audio message or audible devices such as loudspeakers and similar instruments shall be permitted.
A small LED-type screen/key pad shall be permitted on the EVCS for contact information, status, and payment purposes only.
No other signs on the EVCS or for the electric vehicle parking space shall be permitted, including, but not limited to, animated signs, electronic message signs, off-premises signs, or any other type of advertising, other than as may be required by law.
Lighting. EVCSs shall not be internally illuminated, with the exception of the LED screen/key pad permitted in Subsection F(2)(i)[4] above, nor shall any external illumination be attached to the EVCS.
Accessibility. EVCSs shall be sited so as not to reduce or impede the accessible features of the site, including, but not limited to, accessible parking spaces, access aisles and routes, as required by the NYS Uniform Code. Accessible EVCSs shall comply with the requirements of the NYS Uniform Code.
Maintenance. Electric vehicle charging stations shall be properly maintained in all respects, including the functioning of the charging equipment. Charging stations no longer in use shall be removed immediately.
Family day-care home and group family day-care home. Subject to the regulations of the Department of Social Services under Social Services Law § 390, and its implementing regulations, a family day-care home or a group family day-care home is a permitted use in all zoning districts provided the facility shall be operated and maintained in accordance with all applicable laws, rules and regulations. The owner and/or provider of a family day-care home or group family day-care home shall provide a copy of the license or registration certificate from the New York Office of Children and Family Services to the Village of Wappingers Falls.
Home occupation.
Purpose. The conduct of small-scale, low-impact home occupations shall be permitted as an accessory use on residential premises under the provisions of this section. It is the intent of this section to:
Ensure the compatibility of home occupations with other permitted uses;
Maintain and preserve the historic character of the Village; and
Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses in residential districts and adjacent to residential uses.
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business [with the exception of a sign as allowed in Subsection H(10) herein], does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property or the neighborhood. Any new construction undertaken to accommodate the home occupation activity shall be wholly consistent with the character of a residential premises.
A home occupation may only be conducted within a dwelling unit which is a residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use.
For purposes of this chapter:
A home occupation shall be classified as a Class 1 Home Occupation if conforms to the provisions of this section and it:
Occurs fully within the dwelling unit;
Employs no nonresident employees;
Has no temporary or longer-term outdoor storage of materials or equipment used in connection with the home occupation;
The volume of clients or guests who visit the home occupation is less than six per day; and
The volume of truck deliveries or truck traffic to the home occupation is less than one per day averaged over a week.
All other home occupations shall be classified as Class 2 Home Occupations, which may only be authorized by special use permit in accordance with Article X of this chapter.
A Class 2 Home Occupation may employ a maximum of one nonresident employee.
Number of home occupations permitted.
For all dwelling types except detached single-family dwellings, each dwelling unit shall be permitted a single Class 1 home occupation only. No Class 2 home occupations shall be permitted.
For detached single-family dwellings, not more than two home occupations (either two Class 1 home occupations, or one Class 1 and one Class 2 home occupations), may occur on a single lot, with Subsections (5), (9), (10) below applying to either a single home occupation or the aggregate of the two home occupations occurring on the lot.
Size of home occupations.
A home occupation that is located wholly within a dwelling unit shall occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling on the premises, whichever shall be the more restrictive.
A home occupation that is located partially or entirely within an accessory structure shall occupy no more than a total of 500 square feet of gross floor area.
Except for articles produced on the premises and other articles customarily associated with the product made or the service provided on the premises, no stock-in-trade shall be displayed or sold on the premises nor shall any item be available for rental.
Outdoor storage of equipment or materials used in the home occupation may be authorized for a Class 2 home occupation, but shall not be permitted in the front yard of the premises, shall meet the setback requirements for accessory buildings in the zoning district in which it is located, shall occur as inconspicuously as practicable on the lot, and shall be effectively screened year round from a public road and any adjacent residential property by intervening landform, evergreen vegetation, or fencing, in addition to other screening and landscaping requirements. No hazardous materials shall be permitted to be stored.
One off-street parking space per nonresident employee shall be provided, and a maximum of two off-street parking spaces shall be permitted to serve all home occupations on the lot.
No sign shall be permitted for a home occupation other than a sign permitted for a dwelling unit as set forth in § 151-54A(5).
No sharing, letting or subletting of space for use by nonresidents of the dwelling unit in the conduct of their profession, trade or business shall be permitted.
In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 8:00 p.m.
A special permit granted for a Class 2 home occupation shall expire when the occupation changes or the property is sold.
The above notwithstanding, because of parking requirements and the potential for noise, odors, traffic congestion and other issues of land use compatibility, the following uses are specifically prohibited from consideration as a permitted (Class 1) or special permit (Class 2) home occupation under this chapter:
Ambulance service.
Taxi, limousine or similar service with more than one such vehicle used in the service.
Vehicle and equipment uses, as defined in this chapter.
Boat sales, rental and/or service.
Commercial servicing of construction equipment, including, but not limited to, backhoes, bulldozers and trucks.
Beauty salons and barbershops with more than one chair.
Places of worship.
Restaurants, bars or taverns, and nightclubs.
Dancing, art, martial arts, and similar group instruction activity when serving more than three students per class.
Musical instrument instruction for more than two students at one time.
Child day-care centers.
Personal service establishments, licensed by the New York State Education Department, serving more than one customer at a time.
Construction companies, building contractors, home builders, or general contractors, with more than one Class 2 commercial vehicle used in the business.
Landscape contractors with more than one Class 2 commercial vehicle used in the business.
Animal services, as defined in this chapter.
Outdoor dining. Outdoor dining shall be allowed as an accessory use to a restaurant, bar or tavern, or craft beverage pub, provided that the following standards are met:
All outdoor dining shall be shown on an approved site plan.
Outdoor dining shall not interfere with pedestrian circulation and access to building entrances or parking spaces and access aisles.
All planters, posts with ropes, railings, fences and similar enclosures must be temporary, self-supporting, removable and not exceed a height of 30 inches.
Awnings, and patio umbrellas shall be permitted, and the colors of such features shall complement the building colors where the establishment is located.
No additional signage of any kind shall be permitted, including, but not limited to, signage affixed to temporary structures or accessories associated with outdoor dining.
Decks and patios, tables, chairs, planters, and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.
No standing room service shall be permitted.
Outdoor service bars, as defined in this chapter, shall be permitted.
No music that can be heard beyond the lot lines of the property on which the outdoor dining is located shall be permitted.
No containers for trash shall be placed on the outdoor dining area.
The outdoor dining area shall be kept clean and litter-free.
Sidewalk dining. Sidewalk dining is a specific type of outdoor dining that occurs in a designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages purchased from the associated eating or drinking establishment. Sidewalk dining shall comply with all of the provisions for outdoor dining outlined above and the following:
The sidewalk dining area must be located adjacent to the property of a lawfully operating restaurant, bar or tavern, or craft beverage pub and shall be under the control of said establishment.
At least five feet or 50% of the total sidewalk width, whichever is greater, shall be maintained free of tables and other obstructions outside the sidewalk dining area to ensure a clear pedestrian passageway along the sidewalk, as illustrated in Figure VIII-2.
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All sidewalk dining in the public right-of-way requires approval of the public entity that has control over the right-of-way.
All fixtures and furnishings must be of a temporary nature, and must be brought in and stored or stacked and secured during nonoperational hours. No permanent or fixed seating shall be permitted.
Refuse enclosures.
All outdoor storage of trash and recycling containers, including cans, carts, and dumpsters, accessory to multi-family dwellings and nonresidential uses shall be screened from public view and adjacent properties in a refuse enclosure as follows:
Refuse enclosures shall be fully enclosed on three sides by a solid fence or wall made of durable materials a minimum of 72 inches and a maximum of 96 inches in height, unless otherwise required by the Planning Board. The remaining side of the enclosure shall include solid gate(s) or door(s), the same height as the enclosure, that can be securely closed. Trash and recycling containers within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access gates or doors function and the walls or fences does not fall into disrepair.
Refuse enclosures shall not be located in the front yard and shall meet all applicable setback requirements for accessory structures set forth in § 151-25 for the zoning district in which they are located.
Refuse enclosures must be located on the parcel on which the waste is generated.
Refuse enclosures shall not displace any required off-street parking spaces.
Refuse enclosures shall be architecturally compatible to the principal structure(s) and constructed using similar or compatible materials and colors.
The Planning Board may require that refuse enclosures be screened with vegetation.
Satellite dishes and antennas. Satellite dishes and antennas, such as ham radio, CB, and shortwave antennas, shall be permitted as a customary accessory use for nonprofit, noncommercial purposes in any zoning district, provided that the following standards are met:
Any antenna, whether attached to a building or freestanding structure, shall not exceed 35 feet in height measured vertically from the established average grade directly below the antenna, and its setback from all adjacent property lines shall be a minimum of 35 feet or the height of the antenna plus 10 feet, whichever is greater.
No ground-mounted or pole-mounted satellite dish or antenna shall be located in a front yard.
No building-mounted dish antenna shall be mounted on the front facade of the building or on a roof facing a public right-of-way.
Dish antennas shall be screened by intervening vegetation or landform from adjacent property lines or public rights-of-way to minimize their visibility to the extent practicable without adversely affecting the operation of the dish antenna.
Any ground-mounted or pole-mounted antenna shall be:
Properly anchored, adequately grounded and connected to its receiver by underground wiring; and
Designed and located, to the extent practicable, to minimize visual impact on the adjacent property and public rights-of-way, with black mesh preferred for dish antennas due to its significantly reduced visual impact.
Short-term rentals. A short-term rental shall be permitted where allowed in the District Schedule of Uses,[1] provided that the following standards are met:
Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease, or advertise for rent or lease, any property as a short-term rental without first having obtained a short-term rental permit pursuant to Chapter 124, Short-Term Rentals, of the Village Code.
Short-term rental shall only be permitted as an accessory use to a detached single-family dwelling.
Short-term rental shall only be permitted within a principal building, not an accessory building.
Short-term rental shall not be permitted on the same lot as an accessory dwelling unit or a Class 2 home occupation.
The single-family dwelling shall be resident's primary residence and the resident shall reside in the dwelling during the rental. The dwelling shall retain at least one bedroom for the exclusive use of the occupant(s) of the principal dwelling unit to which the short-term rental is accessory.
Unhosted short-term rental is prohibited in the Village.
[1]
Editor's Note: See 151 Attachment 2, District Schedule of Uses.
Solar energy facilities.
The following shall apply to all solar energy facilities:
All solar energy facilities shall comply with the New York State Uniform Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.
All exterior electrical lines shall be placed in conduit and buried underground.
Ground-mounted solar collectors and solar canopies shall be screened from adjacent properties and from any public right-of-way, recreation park, or other public space to the maximum extent practicable.
Ground-mounted solar collectors and solar canopies shall be designed with an anti-reflective coating and positioned so as not to project unreasonable glare onto any property.
Solar canopies. Where allowed in the District Schedule of Uses, solar canopies shall be permitted as an accessory use, provided that the following standards are met:
Solar canopies shall be allowed only on a legally permitted parking lot or, in the case of parking located above the ground floor of a multi-level structure, on an approved parking area.
The height of a solar canopy shall not exceed 15 feet above finished grade except that, for any parking located above the ground floor of a multi-level structure, such the height of such solar canopy shall not exceed 15 feet above the level of such floor. This shall supersede the maximum permitted height for an accessory structure in the district.
To allow for solar access, the Planning Board may modify the landscaping requirements for the perimeter and interior of parking lots found in § 151-45G(2) of this chapter for that portion of a parking lot that is covered by a solar canopy.
The site plan shall demonstrate an interior circulation plan accommodating all modes of vehicle transportation, including pedestrians and emergency vehicles.
Solar collectors shall be permitted as a customary accessory use in any zoning district, provided that the following standards are met:
With the exception of the H-O District, the preferred location for solar collectors is on the roof of a structure.
For building-mounted solar collectors the following shall apply:
To minimize their overall visibility, solar collectors and their support structures, shall match the surrounding building fabric in color whenever possible.
For a building-mounted solar collector installed on a sloped roof, the solar collector shall be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eight inches between the roof and edge or surface of the system. The highest point of the solar collector shall not exceed the highest point of the roof to which it is attached.
For a building-mounted solar collector installed on a flat roof, the highest point of the collector shall be permitted to extend up to two feet above the surface of the roof or the parapet, whichever is higher. The solar collector shall be set back from the roof edge, and the angle and height of the collector shall be adjusted to minimize visibility to the maximum extent practicable.
Roof-mounted solar collectors shall be arranged in a pattern that matches the general shape and configuration of the roof on which they are mounted.
Conduits shall be run through the roof or building, and skirting shall be installed around the solar collectors to hide the underlying mounting frames and improve appearance.
For ground-mounted solar collectors the following shall apply:
Ground-mounted solar collectors are prohibited in a front yard, and shall not project closer to a fronting street than the principal building on the lot.
Ground-mounted solar collectors shall be considered accessory structures and shall meet all applicable setback requirements for accessory structures set forth in § 151-25 for the zoning district in which they are located.
The height of a ground-mounted solar collector shall not exceed 12 feet when oriented at maximum tilt.
Ground-mounted solar collectors shall be located so as not to impede the solar access of an adjacent property.
Ground-mounted solar collectors shall be screened from adjacent properties and from any public right-of-way, recreation park, or other public space to the maximum extent practicable.
Ground-mounted solar collectors shall be designed with an anti-reflective coating and positioned so as not to project unreasonable glare onto any property.
In the H-O District, solar collectors shall require a certificate of appropriateness from the Planning Board and shall be located as follows:
Ground-mounted solar collectors are preferable to location on an historic building, as long as they are located to minimize their visibility from any public right-of-way, and are screened from public viewing locations to the maximum extent practicable through the use of architectural features, earth berms, landscaping, fencing, or other screening, to harmonize the solar collector with the character of the property and surrounding neighborhood.
In cases where new buildings or new additions to historic buildings either exist or are proposed, it is preferable to locate solar collectors on the new construction.
If ground-mounted solar collectors cannot be accommodated and the site does not include new construction the following shall apply:
Solar collectors shall be placed in areas that minimize their visibility from any public right-of-way. The primary facade of an historic building is often the most architecturally distinctive and publicly visible, and thus the most significant and character-defining. To the maximum extent practicable, solar collectors shall not be placed on street-facing walls or roofs, including those facing side streets. Preferred locations for solar collectors are below and behind parapet walls and dormers or on rear-facing roofs.
The installation of solar collectors shall not require alterations to significant or character-defining features of an historic structure, such as existing rooflines or dormers, nor shall they obstruct views of significant architectural features, such as overlaying windows or decorative details.
The use of solar roof tiles, laminates, glazing, and other technologies that require the removal of intact historic fabric or that permanently alter or damage such fabric are prohibited.
Swimming pools. Swimming pools shall be permitted as a customary accessory use in any zoning district, provided that the following standards are met:
Any outdoor swimming pool as defined in this chapter, shall be subject to the safety measures prescribed by the New York State Uniform Fire Prevention and Building Code.
A swimming pool must be erected on the same lot as the principal structure.
A swimming pool shall only be permitted in the rear yard.
All swimming pools must be located a minimum of five feet from any side and rear lot line.
Each pool shall be equipped with an integral filtration system, and filter pumps or other mechanical devices shall be so located, constructed, and operated as to not interfere with the peace, comfort, and repose of the occupant of any adjoining property. This requirement does not apply to temporary pools with nonrigid walls designed to be filled by garden hoses rather than a piped water connection, provided that the pool is not designed to contain water more than 18 inches deep.
No lighting or spotlighting shall be permitted that is capable of projecting light beyond the boundaries of the lot on which said pool is located.
Vehicle towing service. Vehicle towing service shall be permitted as an accessory use to a vehicle service facility in the CMU District, provided that the following standards are met:
A maximum of three tow trucks may be parked or stored on the property at any one time.
No vehicles of any kind shall be permitted to be parked or stored in the front yard.
All vehicle parking and storage areas, service yards, refuse enclosures, and other areas that tend to be unsightly shall be suitably screened to obscure them from view from both neighboring properties and public rights-of-way by use of walls, fencing or planting, or combinations of these, with all such enclosures being compatible in material, texture and color with the principal building or buildings on the property.
§ 151-69 Temporary uses.
Fair, festival or similar event (on premises). Nothing in this chapter shall be construed as prohibiting a place of worship, school, civic association or similar nonprofit organization from holding a fair, festival or similar event for a period not exceeding five days upon its own premises or upon the premises of another such organization, the profit from which event is for the sole benefit of said applicant or other designated noncommercial beneficiary.
Farmers' market. Farmers' markets are permitted as a temporary use in the VC and CMU Districts and on any parcel owned by the Village of Wappingers Falls in any zoning district, provided that the following standards are met:
Private garage and yard sale. Nothing in this chapter shall be construed as prohibiting private garage and yard sales, provided that the following standards are met:
No such sale shall last longer than three consecutive days.
No premises shall be the site of more than four such sales within one calendar year.
All sales shall be conducted on the owner's property. Multiple-family sales are permitted, provided that the sale is held on the property of one of the active participants.
The provisions of Article VII of this chapter notwithstanding, a maximum of three yard signs shall be permitted, each no larger than six square feet, posted no more than seven calendar days before the start date and must be removed within 24 hours after the end date.
Temporary construction office or yard. A construction office or yard is permitted as a temporary use in any zoning district, provided that the following standards are met:
The temporary construction office or yard shall be located on the property where construction is occurring, and shall be permitted from the time a building permit is approved until 30 days after a Certificate of Occupancy is issued.
Temporary portable storage container.
Portable storage containers are prohibited upon a lot in residential use, including residential use in a mixed-use building, or upon a vacant commercial lot, except where the containers provide necessary storage for an active construction project, are necessitated by an unforeseen and uncontrollable event, or to assist in moving in or out of a residence.
A portable storage container shall not be placed on any property more than two times per calendar year and not more than 30 days at a time. The Code Enforcement Officer may approve an extension for good cause shown.
All portable storage containers shall be securely closed when not in use. No materials, property, or goods shall be stored outside of a container during the hours between sunset of one day and sunrise of the next day, except if the container is being used in conjunction with construction, and in such case only construction materials may be left outside of the container.
Temporary real estate sales/leasing office. A real estate sales/leasing office shall be permitted as a temporary use in any zoning district, provided it shall be located on the property being sold or leased, and shall be limited to the period of offering for sale or lease, but not exceeding two years.
Temporary/seasonal sales. Temporary/seasonal sales are permitted as a temporary use in any zoning district, provided that the following standards are met: