The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutants than would be the operations of any permitted uses.

Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.

It is the purpose of this section to legalize and control existing accessory dwelling units in single-family homes and to regulate new conversions. It is the intent that neighborhoods zoned as single-family primary maintain their single-family character. The adoption of this section will further the Town's goal to provide affordable rental housing in Yorktown without thereby changing the low-density, predominantly single-family character of the Town. At the same time, this section will act towards easing the financial burden of homeowners, particularly senior citizens. It is the further purpose and intent of these provisions to provide for the health, safety and welfare of the inhabitants of the Town of Yorktown and of the occupants of accessory dwelling units and to ensure that said accessory dwelling units meet minimum health, fire and safety standards.

The Zoning Board of Appeals of the Town of Yorktown may permit the construction of an accessory dwelling unit within an existing single-family home pursuant to the following standards.

Application.

Applicable standards.

In considering the legalization of an existing accessory unit created before February 15, 1983, the Zoning Board may waive some or all of the required standards listed in Subsections B(1), (3), (4) and (5).

The standards and provisions of all special uses as provided for in §§ 300-28, 300-33, 300-34, 300-35 and 300-36 shall be applicable to this special permit procedure to the extent that the same are not inconsistent herewith.

In order to provide an assessment of this section's operation, its effect upon the Town and whether or not this provision of law shall be continued, further amended or terminated, the Town Board shall review the same no later than two years subsequent to the date of this amendment.

In the event that a dwelling with a valid special permit for an accessory dwelling unit is sold, the special permit shall lapse unless, within 90 days after the transfer of title, the new owner shall apply for renewal under this chapter of the previous special permit. If such application is timely made, the new owner shall not be deemed in violation of this chapter so long as the renewal application is pursued with due diligence. If such renewal application is granted, the new special permit shall run three years from the date of transfer of title. If, after transfer of title, a renewal application shall not be made within 90 days and an application pursuant to this section shall be made at any time within three years following the date of transfer of title, any special permit issued pursuant to such application shall be granted for a maximum period of three years from the transfer of title.

No boarders shall be permissible in a dwelling which has an accessory dwelling unit. A dwelling may not receive a special permit for a tourist home, rooming house or boardinghouse, pursuant to § 300-60, and a special permit for an accessory dwelling unit.

All owners of dwellings who have not previously obtained special permits for accessory dwelling units located within their dwellings or who have allowed such permits to expire shall apply to the Zoning Board of Appeals for a special permit within 12 months of the effective date of this section. If application is so made within said twelve-month period and pursued with due diligence, the owner of the dwelling shall not be deemed in violation of this section. If application to the Zoning Board of Appeals is not made within said twelve-month period, the owner of the dwelling shall be deemed in violation of this section and shall be subject to the penalties provided herein.

Any lot with respect to which a special use permit for an accessory dwelling unit has been granted shall be ineligible for a special use permit to store, park or stand any commercial vehicle or trailer.

Penalty. Any owner or builder or agent of either of them who fails to secure a special permit for an accessory dwelling unit, as provided in this chapter, who allows occupancy of an accessory dwelling unit in violation of the provisions of this chapter or who constructs or causes to be constructed a dwelling with an accessory dwelling unit shall be guilty of an offense punishable by a fine of not less than $500 nor more than $1,000 or imprisonment not to exceed 15 days, or both, upon conviction of a first offense and, for the second and each subsequent conviction, by a fine not less than $1,500 nor more than $2,000 or imprisonment not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

Renewal of special use permits for accessory dwelling units. Unless use of the accessory dwelling unit has been discontinued, owners of properties with such units are required to apply to the Zoning Board of Appeals for renewal of said permits prior to the expiration date thereof. Continued use of accessory dwelling units after expiration of the special use permits shall be subject to the penalties provided herein, unless application for renewal has been made and is being pursued with due diligence and the decision by the Zoning Board of Appeals on such application is still pending.

Effect, purpose and intent. It is the purpose and intent of this section to provide guidelines and regulations for affordable housing under the Town's Affordable Housing Program.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Eligibility.

Occupant selection standard. When affordable housing is sold or rented, the following standards shall be used to determine occupancy:

Perpetuating affordability.

Establishment of a Community Housing Board.

A bus passenger shelter shall not exceed 200 square feet and shall be no higher than seven feet at the eaves.

A bus passenger shelter may be located in the street right-of-way, subject to the approval of the appropriate authority owning such right-of-way, provided that it is located at least 10 feet from the edge of the traveled way. A passenger shelter may be located on private property, provided that one side runs along the street line, if evidence of a right to use such land is presented to the Planning Board. No shelter shall be located within 25 feet of another building.

Use of bus passenger shelters shall be limited to a waiting place for bus passengers. No commercial activities or signs of any kind shall be permitted, except if waived by the Planning Board and further excepting that a small bulletin board may be maintained for bus schedules.

A performance bond may be required in an amount satisfactory to the Planning Board, covering removal of the shelter in the event that the bus franchise is terminated or that the bus route is changed before a permit to erect a bus shelter is issued.

The Planning Board may require the construction of a suitable pavement in front of the passenger shelter to allow buses to stop off the traveled way.

The Planning Board may also require suitable landscaping.

No camp shall be operated on a site less than 10 acres in area, and there shall be no more than one camper for every 2,000 square feet of site area, with a maximum of 400 campers permitted at any camp.

Outdoor areas, including camping or picnic areas and playground or sports areas, shall be located at least 125 feet from all property lines. The Board of Appeals may require suitable fencing for safety reasons or protection of adjoining property and landscaping to control the emission of noise and light beyond the boundaries of the campsite.

There shall be provided on the site one off-street parking space for each member of the camp staff and one space for every five campers. Parking areas shall be at least 15 feet from side and rear lot lines and 50 feet from the street line and shall be suitably screened and permanently improved.

There shall be no more than two permanent dwellings in any camp, and each shall not be occupied by more than one family.

Each structure in a camp which is intended for residence, cooking or recreation purposes shall be equipped with toilets and washbasins which drain into a municipal sanitary sewer or an approved septic tank. There shall be at least one toilet and one washbasin for each 15 campers, with separate facilities for male and female campers.

No buildings or structures shall be located closer than 150 feet to any property line. Temporary structures may be permitted, but shall not cover more than 5% of the site and shall not be more than one story in height. Overnight accommodations for campers or staff members shall be limited to one bed for every 5,000 square feet of site area. Every building which is to be used for sleeping purposes shall have at least 100 square feet of floor space for each bed, including bedroom or dormitory, closets and bathrooms, but excluding all other space.

There shall be at least 3/4 of an acre of suitably improved playground or sports area for every 100 campers or major portion thereof, with a minimum area of three acres.

No more than 15 persons shall be permitted in any building not of fireproof or semifireproof construction.

Permits shall be issued by the Board of Appeals for a period not to exceed five years.

Definitions. As used in this section, the following terms shall have the meanings indicated:

The Town Board may permit the construction and/or operation of a nursing home under the following standards:

Additional regulations.

The Town Board shall not issue a special permit unless it makes a finding that the proposed development is properly related to the major street pattern of the Town, and such development is in harmony with the surrounding area as shown on the Town Development Plan.[2]

The property shall consist of not less than 20 acres of land in a single tract or parcel not divided by any street, right-of-way or by property belonging to any other owner.

The nearest points of the theater screen and projection booth shall be at least 800 feet from the boundary of a district zoned for residential use. This condition may be modified by the Board of Appeals in its approval of the theater site plan, as provided below, where topographical considerations make the requirements excessive, but in no case shall this distance be less than 500 feet.

Acceleration and deceleration lanes shall be provided along the street or highway adjacent to the entrance and exits of the theater. Car standing space for patrons awaiting admission shall be provided on the site in an amount equal to not less than 30% of the vehicular capacity of the theater.

In general, vehicular circulation shall be so designed and constructed as to permit only one-way traffic within the boundaries of the tract on which the theater is located. Emergency exits shall be provided and shall meet the approval of the local Fire Department.

The screen shall be faced away from and obscured from adjacent streets or highways, and said screen shall be set back not less than 200 feet from the established right-of-way of any highway. This distance may be modified by the Board of Appeals in its approval of the theater site plan as provided below, but in no case shall the setback be less than 75 feet.

Any lights used to illuminate the theater site shall be so arranged as to reflect the light away from adjoining property and streets. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted.

The theater site shall be graded, surfaced, drained and suitably maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands.

A landscaped buffer strip at least 100 feet in width shall be provided around all sides of the theater site adjacent to a district zoned for residential use which shall consist primarily of planting of the evergreen variety. Said planting shall be sufficient to screen all elements of the theater site, with the exception of the screen, from surrounding properties and to prevent the emission of light from the site. The character of such landscaping shall be specified in detail when a site plan is approved, as required below. A landscaped strip at least 15 feet in width shall be provided around the sides of the theater site adjacent to districts zoned for business or industrial use.

No central loudspeaker system shall be permitted as part of the theater operation. Sound shall be transmitted by means of individual speakers mounted adjacent to the automobile parking stalls.

One sign announcing the theater's name and programs shall be permitted on the theater site, either attached to the screen structure or freestanding. Such announcement sign may be illuminated but shall not be of a flashing type, shall be set back from any public right-of-way at least 50 feet, shall be at least 100 feet from the boundary of any district zoned for residential use and shall be limited in size to 250 square feet. Such sign shall not be used to announce the sale of goods on the premises, nor shall any billboard or other advertising signs of any type be permitted on the theater site.

Before the issuance of any building permit, a detailed plan for the proposed development of a site for a drive-in theater shall be submitted to and approved by the Board of Appeals. The plan shall show, among other things, the location of all structures, parking areas, traffic access and circulation drives, open space, landscaping, topography, special features and any other pertinent information, including such information about the neighboring properties that may be necessary to determine and provide for the enforcement of this chapter. The Board of Appeals may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. No development shall be carried out except in conformity with such approved site plan.

The storage of material, equipment or fuels may be permitted, except that the Board of Appeals shall require suitable landscaping, screening and fencing, and where practical, the Board may also require that storage be located within buildings or open sheds.

The Board of Appeals may require conformance to any standards recommended by the Fire Department concerned. In no case shall the storage of any combustible materials be permitted within 25 feet of a property line.

The Board of Appeals may also require conformance to other standards in order to prevent a nuisance to neighboring properties by reason of dust or odor or any other reason.

Outside storage shall be limited to those specific locations approved by the Board.

A farm, farm use or customary farm occupation shall be permitted only as defined in this chapter and as limited thereby but shall include the incidental raising of horses, cattle, sheep, hogs and poultry.

No building or structure used for any of the above purposes shall be erected on a lot of less than five acres in area nor closer than 100 feet to any property line. No buildings, pens or runs for hogs or chickens shall be permitted within 150 feet of any property line.

The total floor area of all buildings used for such purposes shall not exceed 5% of the lot area. No single building shall have a total floor area in excess of 5,000 square feet or a horizontal dimension greater than 100 feet, except that these dimensions may be increased to 10,000 square feet and 200 feet if the building is set back at least 200 feet from all property lines. Buildings shall be erected at least 30 feet apart.

No cold storage plant may use more than 20 horsepower, nor may more than 50% of the floor area of such plant be used by persons other than the farm owner or resident of the premises.

The Zoning Board of Appeals shall determine that all buildings are located so as to be harmonious with the topography. The Board shall require suitable fencing and may require landscaping and screening.

No storage of manure or other odor- or dust-producing substance shall be permitted within 200 feet of any property line.

No sign other than one facing each public street, announcing the name of the farm and having a total sign area of no more than six square feet, shall be permitted.

The provisions of this section shall not apply to, and no special permit shall be required for, the operation of a private noncommercial garden in which produce is raised for personal use only and none of which is offered for sale.

General regulations.

Location.

The minimum lot size of a gasoline filling station In a C-3, C-3A and C-4 Zone, with or without a convenience store, shall be 20,000 square feet. The minimum lot size of a gasoline filling station combined with an automated car wash shall be 40,000 square feet.

The site of a gasoline filling station shall have frontage of at least 100 feet on a public street and shall have a depth of at least 100 feet.

There shall be no more than two driveways from a single road. Driveways shall not be more than 35 feet wide and no less than 20 feet wide at the curbline. Driveways shall be a minimum of 30 feet apart at the curbline and shall be a minimum of 30 feet from any intersection. Driveways shall also be a minimum of five feet from the side lot line. All driveways, as well as parking and standing areas, shall be permanently improved with a paved surface.

Maximum coverage of all buildings and structures shall be that of the underlying zone. Canopies shall be included in coverage requirements.

Setbacks.

For proposed gasoline filling stations, fuel pumps shall be set back at least 25 feet from the street right-of-way. Such fuel pumps shall also be set back at least 15 feet from any buildings. The distance between sets of pumps shall be at least 25 feet. If fuel pumps run perpendicular to the street, these setbacks shall be modified by the Town Board. For existing gasoline filling stations where an applicant seeks to alter the pump island location, but not replace the existing main building, the Town Board may allow fuel pumps to be up to 12 feet from a building and the distance between sets of pumps to be 18 feet, provided that the applicant can show the reduced distance affords ample space for vehicle and pedestrian movement.

There shall not be more than two fuel pumps for each 3,000 square feet of lot area. Underground storage tanks for gasoline or other motor vehicle fuels shall fully comply with New York State Department of Environmental conservation (DEC) regulations, the State Uniform Fire Prevention and Building Code Requirements and all other applicable New York state and federal laws. Unless otherwise regulated by the DEC or other applicable state or federal laws, the distance from the storage tanks to any buildings or to lot lines, shall be as follows:

Canopies.

Parking spaces.

Storage of vehicles; rental trucks.

The maximum permitted height of a luminaire shall be 20 feet. A luminaire shall have a total cutoff of light at an angle of 45º from vertical or greater with a maximum permitted illumination at the property line of one footcandle at ground level. There shall be no external lighting on the fascia of a canopy; all canopy lights shall be directed downward.

Signs.

There shall be no outdoor display of motor vehicle accessories except tires, of which a number not to exceed 20 may be displayed on one rack, designed therefor, immediately adjacent to the gasoline filling station building and also except for lubricants, windshield wiper fluid and similar products which may be displayed in an outdoor display. There shall be no dumping of waste materials, such as grease or oil, except in a closed, underground receptacle at a place and of a design approved by the Town Board. Debris, trash and discarded parts and containers shall be deposited in receptacles maintained therefor.

A permanent permit shall be issued by the Town Board, subject to maintenance of the standards and conditions set forth therein, as well as those in any restrictive covenants placed on the project site. However, the Town Board may suspend or revoke after notice and public hearing such permit for failure to comply with the standards and conditions contained therein.

The Town Board may, for good cause shown, vary the requirements above, including the sign limitations. Furthermore, maximum height limitations for canopies may be waived and peaks may be permitted on canopies, if approved by the Town Board.

A gatehouse, guesthouse, caretaker's cottage or similar use shall be permitted only as an accessory use to a permitted principal residential use and shall be located on the same site therewith.

No gatehouse, guesthouse, caretaker's cottage or similar use shall be located on a site less than two acres in area. Such use shall be located on the site, with respect to site boundaries and other buildings, in such manner that a lot surrounding it could be subdivided from the site and conform to all the regulations for the district in which it is located, with the exception of the requirement of frontage on an improved street. The Board of Appeals shall find, when frontage is not to be provided, that the proposed building is so located on the site that there is a feasible location for a roadbed over which a road could be built to provide this required frontage.

Occupancy of a gatehouse, guesthouse, caretaker's cottage or similar use which does not have the required frontage on an improved street shall be limited to bona fide guests or employees of the residents of the principal dwelling. Such a gatehouse, guesthouse, caretaker's cottage or similar use shall not subsequently be sold or rented as a principal dwelling unless the required frontage is provided.

A gatehouse, guesthouse, caretaker's cottage or similar use shall be designed, constructed and used only as a single-family dwelling, subject to all appropriate regulations. Customary accessory buildings shall also be permitted.

Gatehouses, guesthouses, caretaker's cottages or similar structures existing at the time of the adoption of this chapter which do not conform to the above standards may be used for occupancy by bona fide guests or employees of the residents of the principal dwelling or rented as a one-family dwelling, provided that such a gatehouse, guesthouse, caretaker's cottage or similar use shall not subsequently be sold as a principal dwelling unless all the standards above are met.

Notwithstanding the above standards, a gatehouse in which there are no living quarters and no kitchen facilities and which does not exceed 300 square feet in total floor area may be permitted by the Board of Appeals as an accessory use on a residential lot at least two acres in area. Such a gatehouse shall be subject to regulations applicable to accessory buildings, except that it may be permitted in the front yard, but at least 10 feet from the street line.

A golf driving range or miniature golf course shall be so laid out that there is no danger to surrounding properties or to traffic on the public streets. The Board of Appeals shall require suitable fencing as an additional precaution.

One off-street parking space shall be provided for each golf driving tee or hole, plus five spaces for visitor and employee parking.

The Board of Appeals may also permit accessory uses to golf driving ranges, such as baseball batting, archery or basketball shooting, provided that it shall find such uses would not be detrimental to the area or create unusual traffic conditions. One additional off-street parking space shall be provided for every two persons using these accessory facilities, based on the maximum number of players which can use each facility at one time.

Any lights used to illuminate the site shall be so arranged as to reflect the light away from adjoining streets and from property located within residence districts. The Board of Appeals may also require suitable landscaping and screening.

Permits shall be issued by the Board of Appeals for five-year periods.

Permit approval by the Town Board shall be required for a hospital, as defined in this chapter, and customary accessory buildings, which shall be set back from all property lines at least 200 feet. The maximum total coverage of a lot by all buildings shall not exceed 20%, and the area of the lot shall be at least 10 acres.

Notwithstanding the height limitations of the Schedule of Regulations, a building may be constructed to a height of three stories or 45 feet, but no building exceeding this height shall be permitted unless approved by the Town Board.[1]

Dormitories or dwellings permitted as accessory buildings shall be set back at least 100 feet from all property lines, and the height limitations shall be 2 1/2 stories or 35 feet. Use of such dormitories or dwellings shall be limited exclusively to nurses or other members of the hospital staff, and a dormitory or dwelling shall not subsequently be sold or rented for use of private residences or for any other legal use unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.

The distance between buildings shall be at least twice the height of the taller building.

One off-street parking space shall be provided for each hospital bed. Parking areas shall be located at least 50 feet from all property lines and shall be suitably screened and permanently improved. A parking plan showing appropriate landscaping shall be submitted which shall be referred to the Planning Board for its review and recommendations prior to the issuance of any permit.

The maximum number of beds allowed on any one site shall be 150 feet.

One sign not exceeding 20 square feet in area, not flashing and not lighted by exposed tubes, bulbs or other exposed light sources, announcing the name of the hospital, may be permitted facing each public street.

A hospital or sanitarium for patients suffering from contagious disease, tuberculosis or mental disease may be permitted, provided that all buildings are located at least 500 feet from all property lines and all other applicable standards are met.

The Town Board may require suitable fencing, landscaping and screening.

No junkyard shall be permitted on a lot smaller than one acre nor larger than five acres.

A junkyard shall be entirely surrounded by a fence at least seven feet high but no higher than 10 feet. The fence shall be of a type approved by the Board of Appeals to prevent any nuisance to surrounding property. The fence shall be set back at least 50 feet from all streets and at least 25 feet from all other property lines, except that the fence shall be located at least 100 feet from the boundary of any residence district.

The yards between the fence and the boundaries of the lot shall be used only for landscaping and for driveways located at places designated by the Board of Appeals. Landscaping shall be provided around all sides of the junkyard, shall be specifically approved by the Board of Appeals, shall be sufficient to screen the junkyard and fence from surrounding properties and shall consist primarily of planting of the evergreen variety.

The Board of Appeals shall not approve any site for use as a junkyard if the topography of the surrounding property is such that land in a residence district, within 300 feet of the junkyard site, has an elevation higher than any point on the junkyard site.

Use of a junkyard shall be limited to the storage of materials for salvage purposes, not including unbaled paper or rags or any other materials which would be a nuisance because of dust, odor or fire hazard. Use of a junkyard for the dumping of garbage or refuse shall not be permitted. Burning of any materials shall not be permitted.

The height of materials stored within the fenced area shall not be greater than one foot less than the height of the fence.

No residential use shall be permitted on a site used for a junkyard.

Only one sign shall be permitted facing each public street. Signs shall be located in the front yard, shall be no larger than 20 square feet in area and shall be no higher than seven feet.

Permits shall be issued by the Board of Appeals for five-year periods.

Existing residential buildings which, because of their size, age, design or location, are no longer desirable or practical for residential use, may be used for limited office purposes, subject to the conditions in the following subsections.

There shall be no change in the exterior of the building, except for an extension or alteration made in accordance with plans approved by the Board of Appeals, which is the same or of harmonious architectural style and appearance. Such alteration or extension shall be limited to an increase of the existing floor area by no more than 25%.

Only an office use of a business or professional type or laboratories devoted to experimentation or research shall be permitted. This shall not include any office use, such as medical or banking, which involves regular visits by the general public. No storage of materials for sale and no manufacturing or servicing of any type shall be permitted. The regular activities of such offices or laboratories shall be conducted entirely within the building. The Board of Appeals may limit the hours of operation.

The total number of persons employed in or regularly using such offices or laboratories shall be limited to one for every 200 square feet of gross usable floor area of the structure, with a maximum of 50 persons, but the Board may further restrict occupancy to prevent traffic nuisance or congestion on the abutting streets or nuisance to adjoining uses.

The site or lot of a house to be used for such purposes shall be located on a major arterial highway and conform to the minimum required lot size for the zone in which it is situated. The site or lot shall have frontage conforming to the requirements of the zone in which it is situated, on a public street of a design and condition adequate to handle the anticipated traffic flow safely and conveniently. Access to any street shall be permitted only if the Board of Appeals finds that any additional traffic created by the offices or laboratories will not have a detrimental effect upon abutting residential properties.

No house which does not meet the front, side and rear yard requirements of the district in which it is located shall be used for such purposes. Front, side and rear yards for any alterations or extensions shall be at least twice the required minimums.

Off-street parking spaces shall be provided to accommodate all persons employed in or regularly using the offices or laboratories, and there shall be at least one off-street parking space for each two such persons. The parking area shall be permanently improved, shall be located at least 100 feet from all street lines and at least 50 feet from all other property lines and shall be completely screened from neighboring properties and from the street by fencing and landscaping.

Outdoor recreation areas for use by only the employees of the offices or laboratories may be permitted by the Board of Appeals, provided that such recreation areas are located at least 100 feet from all property lines, and provided that the Board shall find that such areas would not be a nuisance to surrounding properties. Fencing and landscaping of recreation areas shall be required where the Board of Appeals deems desirable.

Residence for no more than one family shall be permitted in any house used for office or laboratory purposes. No other building on the site shall be used for residence purposes, unless such building meets all the regulations of the residence district in which located, including minimum lot area and frontage on a public street.

The construction of the house to be used for such purposes, including its degree of fire resistance, shall meet all requirements of the New York State Uniform Fire Prevention and Building Code for places of business or public assembly. Sanitary facilities shall meet the approval of the County Health Department, and occupancy shall be limited to the number of persons designated as allowable by that Department if less than permitted under other provisions of this section.

Exterior spotlighting or other illumination shall be so installed as to prevent any nuisance to adjacent residential districts or to traffic on public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulation shall be permitted.

The Board of Appeals shall require additional fencing and landscaping and attach such other conditions and safeguards as may be considered necessary to protect surrounding residential properties and to ensure continued compliance with all applicable regulations. The grounds and the exterior of buildings shall be kept and maintained in conformity with the best standards of good residential property.

No use which would be noxious or offensive to surrounding properties because of odor, dust, smoke, gas, vibration, flashing or excessive light or noise shall be permitted. No use shall be permitted from which there would be a harmful discharge of waste materials or which would constitute a menace to surrounding properties by reason of fire, explosive or other physical hazard.

For the purposes of § 300-155, a hotel use shall also be permitted; and

For the purpose of the special permit only, building and structure setbacks, as found in § 300-154A(6)(a) shall be 150 feet, rather than 100 feet.

Boutique hotel means a small luxury hotel that has not more than 25 rooms, offering enhanced level of services with unique accommodations.

Boutique hotels shall be allowed, subject to the following conditions:

Boutique hotels shall be permitted by the Planning Board only as defined in this chapter, and such uses shall comply with all applicable laws.

Intent. It is the intent of this section to provide adequate day-care facilities for the residents of the Town of Yorktown. The Town Board recognizes the urgent need for child day-care facilities within the Town. However, the pressing need for child day-care shall not supersede the requirements to provide child day-care in a manner that adequately protects the health, safety and welfare of the children to be served, the parents of the children served and the neighborhood in which a child day-care facility will operate.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Special permits in residentially zoned R-1 and R-2 Districts.

Family day-care homes, group family day-care homes and child day-care centers in all zones except R-1 and R-2 Zones shall be permitted in accordance with the approval of a site development plan.

The following standards apply for all child day-care facilities in all zones other than R-1 and R-2 Zones:

The nonprofit use shall qualify as an organization of persons incorporated pursuant to the provisions of the Membership Corporation Law or the Benevolent Orders Law or as a religious institution as defined or as an unincorporated, nonprofit membership association which can produce evidence satisfactory to the Planning Board that it was founded for the purposes enumerated below and shall be operated solely for a recreational, social, patriotic, benevolent, educational, charitable or athletic purpose, but not for pecuniary gain, and shall not include a riding club. The nonprofit use shall not be used in whole or in part for the conduct of any business or enterprise for profit, but this shall not be construed as preventing the utilization of a club for benefits or performances for a recognized charity, nor for meetings of other organizations, nor for educational and cultural purposes. Except for religious institutions, privileges of the nonprofit use shall be limited to bona fide, regularly enrolled dues-paying members and guests accompanying them.

At least one off-street parking space shall be provided for every member, except that in the case of memberships issued to families, there shall be at least one off-street parking space for each family, with the further exception that clubs with a capacity which can be measured in number of seats shall provide one off-street parking space for every five seats. The Planning Board may reduce these parking requirements in any case where the maximum anticipated number of cars at a club, because of its particular type, location, hours of operation, capacity of club facilities or other reasons, would be less than the requirements provided for, but not less than one space for each three memberships. Parking areas shall be located at least 25 feet away from all property lines. The Planning Board shall require suitable landscaping around parking areas, which shall be permanently improved. Access drives from existing streets and highways shall be located so as to avoid unsafe conditions and traffic congestion. The Planning Board may prohibit access to a nonprofit use from local residential streets. Off-street parking for religious institutions shall comply with §300-182.

There shall be no more than one sign facing each public street, announcing the name of the nonprofit use. Such sign shall not exceed six square feet in area. The Planning Board may require suitable fencing and landscaping and such other facilities as may be needed to safeguard the peace, comfort and safety of the neighbors.

A nonprofit use organized for purposes which are conducted within a building shall be located on a site at least one acre in area but no less than the minimum lot size of the district in which located. All buildings shall be set back at least 75 feet from all property lines and shall not cover more than 20% of the site for properties under 20 acres. For properties over 20 acres, the maximum building coverage will be 10%.

A nonprofit use organized for purposes which are conducted outdoors shall be located on a site at least two acres in area but no less than the minimum lot size of the district in which located. All buildings and all structures, such as swimming pools, shall be set back at least 100 feet from all property lines and shall not cover more than 10% of the site. The following standards shall also apply to such nonprofit use:

A dwelling unit may be located on the site for use of the nonprofit use manager or religious leader or caretaker and his or her family. Sleeping rooms or suites, without kitchen facilities, shall be permitted for the overnight accommodation of members and their guests, but there shall be no more than one such sleeping room for each acre of site area.

Single-family dwellings may be permitted on any site at least two acres in area; provided, however, that each dwelling shall be located on the site, with respect to site boundaries and other buildings, in such a manner that a lot surrounding it could be subdivided from the site and conform to all the regulations for the district in which it is located.

Any use of a structure or site which involves the discharge of firearms, bow and arrow or any other dangerous weapons shall be permitted only upon compliance with all applicable state and local laws. The Planning Board shall establish such setbacks and require installation of such facilities that, in its judgment and on the advice of police authorities, are necessary to protect the safety, peace and comfort of the public.

Exterior lights (other than those needed for security) shall not be on after 12:00 midnight, except during religious services.

A parochial or private elementary, or any combination thereof, or high school or college or seminary or any combination thereof, shall be permitted, subject to the following standards, provided that it is a school offering a comprehensive curriculum of study similar to that of a public school. Customary accessory uses to schools or colleges shall also be permitted.

The site for any parochial or private elementary school shall have an area of at least 10 acres, plus 1/2 acre for each 100 pupils or major portion thereof in excess of 300 pupils. Such site shall have a frontage of at least 200 feet on a suitably improved public street. No private or parochial elementary school shall be designed, erected, altered or used for more than 700 students.

The site for any parochial or private junior high or high school shall have an area of at least 15 acres, plus one acre for each 100 pupils or major portion thereof in excess of 250 pupils. Such site shall have a frontage of at least 400 feet on a suitably improved public street. No private or parochial junior high or high school shall be designed, erected, altered or used for more than 1,500 students.

The site for any parochial or private college or seminary shall have an area of at least 25 acres, plus five acres for each 100 pupils or major portion thereof in excess of 400 pupils. Such a site shall have a frontage of at least 500 feet on a suitably improved public street. No private or parochial college shall be designed, erected, altered or used for more than 2,500 pupils.

Location of buildings.

One off-street parking space shall be provided for each teacher and other members of a school or college staff and, in the case of colleges, one additional space for each five students. For auditoriums, gymnasiums, grandstands and other gathering places, one off­street parking space shall be provided for each three seats. The Planning Board may approve the design of the parking area to serve more than one use, provided that such uses will require parking facilities at different times. Parking areas shall be located at least 50 feet from all property lines and shall be permanently improved. Access and interior drives on the school site shall be located so as to prevent unnecessary traffic on local residential streets and to avoid unsafe conditions and traffic congestion.

Design and siting.

The Planning Board shall require suitable fencing, landscaping and screening to prevent any nuisance to surrounding property, to safeguard the peace, comfort and safety of the neighbors and to protect the students attending the school.

The Planning Board shall require conformance to all local health and safety codes. The Board may reduce the minimum site area requirements when a site is located immediately adjacent to permanently open land, such as parkway or watershed lands, but to no less than 60% of such requirements.

The Zoning Board of Appeals may permit the use of a site, no smaller than two acres, for the maintenance of horses, provided that the applicant demonstrates on a map of his property and attests to the following should such permit be granted:

The Board of Appeals may permit, as an accessory to a residence use on a site at least one acre in area, a private dog kennel for five or more dogs, but not including boarding or training kennels operated for business purposes. Kennels shall be located in the rear yard at least 75 feet from all property lines and shall be suitably fenced and landscaped. Use of the kennel shall be limited to one dog for every 5,000 square feet of lot area. No special permit is required for keeping fewer than five dogs.

The Planning Board may permit noncommercial dog kennels on a site of at least seven acres in the Planned Interchange District for the sole purpose of raising dogs to be trained as guide dogs for the visually impaired and not for sale, boarding, breeding, grooming, letting for hire or any other purpose involving compensation, whether monetary or otherwise.

The Board of Appeals may permit the use of a site, not less than 10,000 square feet in area, for use by a public utility substation serving the local or regional area. The Board shall require suitable fencing to protect the public and shall also require enough landscaping and planting to effectively screen the substation from surrounding property. All structures shall maintain the yard setbacks of the district in which located, but in no case shall these setbacks be less than 25 feet. The Board may increase these required setbacks or attach other conditions in order to prevent noise nuisance to surrounding property. Substations which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall not be permitted in any residence district.

The Board shall require provision for suitable off-street parking space for maintenance, service or other vehicles.

Minor structures, such as hydrants, telephone or light poles, pole transmitters or transformers or similar equipment, shall not be subject to these regulations.

The provisions of this section shall apply to public utility transmitting or relay stations or towers, provided that no such station or tower shall be permitted on a site less than one acre in area, and provided, further, that no site shall have a horizontal dimension less than four times the height of the tower.

The provisions of this section shall not apply to telephone, electric light and power lines carrying fewer than 33,000 volts and usually located along public highways nor to local underground conduits, cables, gas, sewer and water mains or pipes.

It shall be clearly demonstrated that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to supply utility service to the local area.

The location and construction of any transmission line shall be such as not to endanger the public or surrounding property. A right-of-way of sufficient width shall be required to permit the safe construction and maintenance of the transmission line and to prevent any hazard to surrounding property. On a one- or two-circuit transmission line, the distance from the tower base to the nearest boundary of the transmission line right-of-way shall be no less than 50 feet; on a three- or four-circuit transmission line, the distance from the tower base to the nearest boundary of the transmission line right-of-way shall be no less than 100 feet. The Board may require suitable fencing or landscaping of a tower base when, in the opinion of the Board, it is necessary to protect the public or conserve the values of surrounding property.

Gas booster stations or storage tanks shall not be permitted.

Any substations along such transmission lines shall be subject to the provisions of § 300-57.

Statutory authority and jurisdiction.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Application.

Substantive standards.

Procedural requirements.

NIER operating standards. The operator of any WCF shall be required to supply to the Building Inspector, within 60 days after the initial operation of any such WCF and on each subsequent anniversary of the date of the approval of the special use permit for the WCF, a report by a qualified independent professional who shall certify, under penalties of perjury, that the NIER emissions of the facility, when operated at maximum power, do not exceed applicable standards of the Federal Communications Commission. In the event that the NIER emissions of any WCF exceed any of such standards at any time, the special use permit for that WCF shall be deemed to immediately terminate, without any prior notice from the Town, and such permit shall not be reinstated, nor may the WCF be operated except for NIER testing purposes, unless and until the Building Inspector shall be satisfied that such emissions have been brought within all applicable standards.

Abandonment. In the event that the use of any WCF has been discontinued for a period of 180 consecutive days, such facility shall be deemed to be abandoned and shall be removed at the owner's expense within 60 days after the date of such abandonment.

A tourist home, rooming house or boardinghouse, as defined in this chapter, shall be permitted only when conducted in a dwelling by the resident owner or lessee thereof.

Kitchen and dining facilities shall be limited to use by the resident owner or lessee, occupants of the rooming house or boardinghouse and bona fide guests but shall not be open to the general public. There shall be no individual kitchen or dining facilities for any sleeping room.

There shall be no change in the exterior appearance of the dwelling except for additional means of egress and fire escapes on the site or rear where required by applicable law.

There shall be no more than one rented sleeping room for each 1,000 square feet of lot area, with a maximum of 10 such rooms being permitted.

Each sleeping room for rent in a tourist home, rooming house or boardinghouse shall be at least 100 square feet in area.

One off-street parking space shall be provided for each rented sleeping room. The Board of Appeals may require landscaping and screening around the parking areas.

The Board of Appeals may permit the use of a site, no smaller than two acres in area, for use as a trucking terminal, transfer or storage point, provided that adequate provision shall be made for the off-street parking of all vehicles which would use the terminal, and provided that access and service drives are located so as to avoid unsafe conditions and traffic congestion.

No loading, unloading or transfer operations shall be permitted on the street, at the curb or within the required front yard.

Maximum coverage by all buildings and structures shall be limited to 25% of the site. All parking areas and access and service drives shall be permanently improved to prevent any nuisance because of dust.

No terminal operation, including the parking of motor vehicles, shall be permitted within 75 feet of any residence district.

The Board of Appeals shall require suitable landscaping and fencing and may limit or prohibit outdoor storage of any materials other than motor vehicles.

Definitions. For the purpose of this section, words used are defined as follows:

Prohibited acts.

Commercial vehicles shall be stored or parked on the same lot as is located the main permitted use and shall be stored or parked in garages or buildings designed for that purpose or in exterior areas as determined by the Zoning Board of Appeals. All commercial vehicles stored or parked must be exclusively controlled by the owner of the specific premise and/or the legal tenant(s) who have use and exclusive control of the premises. Space for commercial vehicle storage or parking cannot be given or rented to an individual who does not reside on the site.

Where the Board determines that exterior storage or parking yards are appropriate, the following conditions will apply:

A special permit granted hereunder shall allow only the storage or parking of commercial vehicles. No commercial repair, material storage or other commercial activity is authorized. No signs shall be permitted in conjunction with this special permit.

Each applicant will advise the Board of the possible need for individuals other than the permit holder to pick up or service any commercial vehicle being stored on the property. There shall be provided a suitably sized and improved area on the premises to allow for off-street parking for these individuals, to be approved by the Board. On-street parking is prohibited.

The Board may refer an application to any appropriate agency for review and comment and may attach such other conditions and safeguards to protect surrounding properties and to ensure continued compliance with all applicable regulations.

All individuals presently parking or storing commercial vehicles on property shall have six months from the effective date of this section apply to the Zoning Board of Appeals for a special permit.

This permit will run strictly with the applicant and shall expire three years from the date of issuance or upon transfer of title or abandonment of the use. The fee for the application is in an amount as set forth in the Master Fee Schedule.[1]

Exemptions.

Enforcement. It shall be the duty of the Building Inspector and his agents to enforce the provisions of this section.

Penalties. Violation of any part of this section or failure to comply with any and all conditions of the special permit granted by the Board shall constitute a violation punishable pursuant to § 300-198 of this chapter.

A telephone exchange shall be permitted, provided that there is no outdoor service or storage yard and no business office.

One off-street parking space shall be provided for every two employees on duty at the peak employment hour and one space for every company vehicle. Parking space shall be located only in side or rear yards and shall be permanently improved.

The building shall conform to the same yard setback requirements applicable to adjoining residences, but no side yard shall be smaller than 25 feet.

The Board of Appeals shall require suitable fencing, landscaping and screening to prevent nuisances to neighboring properties.

A public telephone booth shall be permitted on private property and may be permitted within a street right-of-way, provided that written approval for such location by the appropriate authority having jurisdiction over such right-of-way is submitted to the Board of Appeals.

A public telephone booth, if located on private property, shall be located at least 10 feet from any street line, and if located within a street right-of-way, it shall be placed so as not to interfere with existing or proposed improvements within the right-of-way.

A public telephone booth, if located near a street intersection, shall be placed so as not to block or reduce the existing sight distance between street lines.

A retail space in excess of 500 square feet for a farm, plant or tree nursery or greenhouse may be permitted as an accessory use to a permitted main use, provided that the space is located on the same site therewith and the produce to be sold is limited to that which is on the premises. The incidental sale of accessory garden supplies may be permitted. The Board of Appeals may limit the amount of, and specify the location for, the outside display of produce and accessory supplies offered for sale.

Such retail sales space shall be set back from the road at least 75 feet and shall be located no closer than 150 feet to any other property line nor closer than 30 feet to any other building.

Off-street parking space for at least 10 motor vehicles shall be provided in front of the retail sales space. The parking area shall be suitably improved and shall be so located and arranged that vehicles will not be required to back into the highway. Access driveways shall be limited to two from any street, shall not exceed 35 feet in width at the curbline and shall be at least 50 feet apart at the curbline.

One unlighted advertising sign, no larger than six square feet, may be permitted. No exterior lighting of any type shall be permitted.

Permits shall be issued for five-year periods.

The Town Board may permit the use of a site, no smaller than 100 acres in area, for a commercial golf club or country club or the use of a site no smaller than 50 acres in area for a swimming club, summer theater or designed recreation area for tennis courts, handball courts, badminton courts, archery courts, athletic exercise facilities or similar individual or small-group recreation facilities. Where more than one major use is to be provided on a site, the minimum site area shall be the total required for each separate use shown in the following table:

Uses permitted as part of a golf club or country club shall be limited to a golf course; swimming facilities; ski run; summer theater, but not including a convention building or facilities for year-round theater use; restaurant, with or without entertainment, serving members, guests or the general public; and accessory guest room accommodations of not more than 30 sleeping units, provided that the same are included within the main building on the site.

Uses permitted as part of a design recreation area shall be limited to swimming facilities and facilities for individual or small-group athletic exercises or games, but excluding large-group organized sports and games, such as baseball, football, basketball, soccer, polo, lacrosse and similar activities.

There shall be no patron use of golf course, swimming or designed recreation facilities between the hours of 9:30 p.m. and 6:00 a.m. There shall be no patron use of ski facilities between the hours of 10:30 p.m. and 6:00 a.m.

No building, structure or temporary shelter shall be erected or maintained closer than 200 feet to any street or adjoining property line, except that any snow-making equipment or ski lifts and appurtenant structures shall not be closer than 400 feet to any street or adjoining property line. The maximum coverage of the site by all buildings or structures shall not be greater than 5% of the gross site, nor shall any building or structure have a height greater than 35 feet.

Minimum off-street parking for motor vehicles shall be provided as follows, based on the designed capacity or actual use of each facility as follows:

Suitable screening, landscaping or fencing shall be provided along the boundaries of any parking area to protect adjacent properties from physical damage, noise, glare of headlights or other similar nuisance.

Parking areas shall be permanently improved and shall be located at least 100 feet away from all property lines. The Town Board may reduce this distance by not less than 50 feet if additional screening or fencing is provided to safeguard adjoining properties.

Access drives from existing streets and highways shall be so located as to avoid unsafe conditions and traffic congestion. The Town Board may prohibit access to a club from local residential streets.

There shall be no more than two permanent dwellings on the club site, and each dwelling shall not be occupied by more than one family.

All outdoor athletic or recreation areas and facilities shall be located at least 200 feet from all property lines, except that a golf tee may be located no less than 100 feet from any property line and a ski slope no less than 300 feet.

Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise, excessive light and to shield from view of any adjacent residence use the general patron activity within such athletic or recreation areas.

All permitted uses shall be maintained or conducted in such manner as not to cause or result in the dissemination of light, noise, vibration, smoke, gas, fumes or dust beyond the boundaries of the site or property on which the use is located in excess of levels normal and reasonable for the district in which said use is located.

No outdoor lighting for illumination of golf course, swimming or designed recreation facilities shall be permitted. Any other permitted outdoor lighting shall be shielded and/or directed from the view of all adjacent properties and streets.

There shall be no more than one sign facing each public street, announcing the name of the club. Such sign shall be nonmoving and, if lighted, shall be nonflashing.

Any application for site plan approval for a watershed, water supply and/or filtration plant facility shall be presented pursuant to the regulations for site plans in general as prescribed by Chapter 195, Land Development, of the Yorktown Town Code.

Any such facility must be accompanied by an application for a wetlands permit pursuant to Chapter 178, Freshwater Wetlands, of the Code of the Town of Yorktown, if it is contemplated that the facility or any proposed site disturbance shall be located within a wetland, wetlands controlled area or watershed property as designated by the Department of Environmental Protection of the City of New York.

All applications shall be accompanied by a permit fee as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits. Should the final plan substantially deviate from the proposed plan, the fee shall be based upon the larger square foot calculation of said plans.

The Town Board may grant approval of a watershed, water supply and/or water filtration facility upon findings and determinations as follows:

It is understood that due to the nature of the facilities that the same will most likely be located in those areas of Town where the environmental constraints are the most severe. These areas are also the areas which have been afforded the greatest protection by large lot zoning and the strict enforcement of the wetlands ordinance.

Notwithstanding whether the facilities hereunder are considered to be a public utility, it is not the intent to prohibit their construction and/or operation, but to regulate it so that same are not offensive to the environment and/or the long-established policies of the Town.

Inasmuch as these facilities are unique in character, scope and configurement, the Town, by virtue of this section, intends to provide itself with the maximum flexibility to regulate, control and condition any approval granted hereunder, and any applicant should be guided accordingly.

This section shall not apply to any existing facilities, and the special use permit issued hereunder shall be for a term of no longer than five years, at the end of which time an application for renewal shall be submitted with fees.

Any dwelling built prior to January 1, 1930, and having a usable floor area, as defined in this chapter, in excess of 1,300 square feet, may be converted by permission of the Board of Appeals to a two-or-more-family dwelling, a hotel or an eating place. Alterations and minor additions necessary for such conversion shall be permitted.

Each dwelling unit resulting from such conversion shall have at least 650 square feet of usable floor area.

The converted building shall not encroach on any required yard or height limit or increase any existing nonconformity with respect to required yards or height limits, if such shall exist, and each dwelling unit so created shall have direct access to an exit.

The lot upon which such dwelling is located shall have:

Any eating place established by such conversion shall meet the yard and off-street parking requirements applicable to such use in a C-2 District. Any hotel established by such conversion shall meet the requirements of the New York State Multiple Residence Law and the off-street parking requirements applicable to a tourist or rooming house as provided in § 300-182.

Legislative intent. The purpose of this section is to allow valet parking at banquet halls, as defined in § 300-3B, not otherwise operating as restaurants.

Permitting authority. The Planning Board is hereby authorized to grant permits for valet parking at banquet halls not otherwise operating as restaurants subject to the requirements of this Code and upon the conditions set forth in this section.

Terms and conditions.

The Board of Appeals may permit the use of a site, not less than 12 acres in area and having not less than 300 feet of frontage on U.S. Highway Nos. 202 and 6, for a par-three golf course.

Any par-three golf course shall be so designed and operated as not to cause safety hazards to surrounding properties or to traffic on adjacent streets. The Board may require the retention of existing natural growth or the provision of fencing along the outside boundaries of the site to eliminate or reduce any such hazards.

At least five off-street parking spaces shall be provided for each hole, plus one space for each two employees. Parking areas shall be permanently improved and shall be located at least five feet from any street line and 15 feet from any other property line.

Access drives from abutting streets shall be so located as to avoid unsafe conditions and traffic congestion. The Board may prohibit access to such site from a residentially zoned street.

Only one main building shall be permitted for each site, plus accessory buildings for storage or similar use. A manager's office, golf shop and snack bar may be permitted, provided that the same are housed and conducted entirely within the main building. All buildings shall have yard setbacks the same as for the district in which located and shall, in the aggregate, not cover more than 10% of the site.

There shall be no more than one sign facing each public street, announcing the name of the use. The total area of all signs shall not exceed 30 square feet, and the largest dimension of any sign shall not exceed five feet. Signs shall be nonmoving and, if lighted, the light sources shall not be exposed.

No outdoor public-address system shall be permitted. No outdoor lighting for illumination of tees, fairways, greens or other outdoor playing areas shall be permitted. Lighting of parking areas and buildings may be permitted for security reasons, provided that the same is shielded from adjacent properties and streets. No outdoor storage shall be permitted.

Purpose. The purpose of this section is to allow, by special permit and site plan approval of the Planning Board, new and/or used-car automobile sales facilities, plus related accessory facilities in C-2, C-3 and C-4 Business Districts where such districts are properly related to major highways and have more than local retail service areas.

The Planning Board, upon application, may permit the use of a site for new and/or used car automobile sales, such site containing not less than two acres and having not less than 200 feet of frontage in such district where such district extends for more than 1,000 feet along a major highway, under the following standards:

Funeral homes shall be allowed by special permit of the Zoning Board of Appeals in accordance with the provisions of § 300-201C, under the following standards:

In addition, wherever a yard abuts another residential district, screen planting or approved close-woven fence shall be required to visually block off such use at the ground floor level from such adjoining residential properties. There shall be no outdoor storage permitted on the lot in question. Sufficient aisle and loading space shall be provided to permit a minimum of eight cars forming a procession.

One accessory dwelling unit for the manager or caretaker shall be authorized for each site. Parking spaces shall be permanently paved and marked and, if illuminated, shall be in a manner which will not disturb the adjoining property owners.

Floor area ratio, defined as the area of the building divided by the area of the lot, shall not exceed 0.5, and signs shall conform to appropriate sign regulations. The architectural treatment of any existing or new building shall be in conformity with the existing architectural concepts in effect in the immediate area.

The Board of Appeals shall not issue a special permit unless it makes a finding that the existing road network is capable of handling the traffic generated from such an establishment.

The horsepower of any motor connected with this use shall not exceed 15 horsepower.

Outdoor storage areas shall be allowed only as shown on the approved plan.

Appropriate landscaping, as required and as shown on the submitted plan, is maintained.

Purpose and intent.

Under the following procedures temporary/seasonal sales may be conducted on a commercial/industrially zoned property, under the following conditions, by permit issued by the Yorktown Building Inspector:

Any temporary permit issued shall not be valid for more than six weeks. No lot shall be the subject of a temporary/seasonal sales permit more than three times per calendar year.

The Building Inspector may deny, grant, grant with conditions or modify any permit application hereunder.

Any party aggrieved by a decision of the Building Inspector as to a permit issued hereunder may have the Building Inspector's decision reviewed by the Zoning Board of Appeals. In the event that an aggrieved party seeks to challenge an approved permit, the applicant/owner may in the interim operate under the permit as approved by the Building Inspector.

The Building Inspector may in his sole discretion refer any application made hereunder to any Yorktown agency or department for input and comment.

The application fee for a permit hereunder is $100.

Upon the expiration of the term of the permit the applicant/property owners shall immediately return the property to its pre-permit condition. The failure to do so shall result in a violation of this chapter, and the owner/applicant shall be subject to the fines as if the owner/applicant violated the Zoning Code, i.e., $250 per day, each day being a new violation.

Purpose. The purpose of this section is to allow, by special permit of the Zoning Board of Appeals, volunteer ambulance corps garage facilities plus related accessory facilities, including general meeting rooms, in all residential districts where such districts are properly related to major highways.

The Zoning Board, upon application, may permit such use of a site not less than 1/2 acre nor less than the minimum lot size in the district and having not fewer than 100 feet of frontage along a state or county road or a major Town road in accordance with the provisions of § 300-201C under the following standards:

The Planning Board may approve the use of a site, within the C-1 Zone, that has been improved and operates with an allowed main use or uses permitted under the C-1 Zone, for a warehousing operation, provided such use is only conducted in space served by loading berths or docks and is accessed from portions of the building or buildings not visible from the main frontage of the site, any customer entry of any main uses, or a facade of any main use. Adequate provision shall be made for the off-street parking of all vehicles which would use the terminal, and provided that access and service drives are located so as to avoid unsafe conditions and traffic congestion. The Planning Board may also approve a self-storage warehouse operation either integrated into a building or buildings of a retail shopping center or as a stand-alone single-use development not operated with another main use with the C-1 Zone under the provisions of this § 300-75. Self-storage operations that are stand-alone single-use developments may be accessed from portions of the building or buildings visible from the main frontage of the site, provided the individual storage units are primarily accessed from the interior of the building. individual storage units may be accessed from the exterior only on facades that do not face or front on public roads, provided such elements are designed and/or buffered to the satisfaction of the Planning Board. The Planning Board may permit building coverage for stand-alone single-use self-storage buildings in the C-1 Zone up to 45% if, in the opinion of the Planning Board, the site plan provides orderly development for the site and surrounding neighborhood. Self-storage warehouse operations permitted hereunder shall comply with Subsections A, C, H, J, K, and L of § 300-79 of this article, except that no residence for the use of the owner of the facility and/or a caretaker shall be permitted.

The Planning Board must find that the operation of the warehouse will not cause operational or safety hazards to the users and patrons of the main uses at the site. The Board may require traffic studies and operation data from the proposed user detailing hours of operation, number of employees, number of trucks and trailers and number of trips generated by the proposed user.

No storage or transfer of hazardous materials shall be permitted. For purposes of this chapter, permitted materials to be warehoused shall be classified as low-hazard or moderate-hazard materials as defined or enumerated in the New York State Uniform Fire Prevention and Building Code.

No loading, unloading or transfer operations shall be permitted on the street, at the curb or within the required front yard.

All parking areas and access and service drives shall be permanently improved to prevent any nuisance because of dust.

No warehouse operation, including the parking of motor vehicles, shall be permitted within 75 feet of any residence district.

No warehouse operation may operate in the hours between 10:00 p.m. and 7:00 a.m., and no self-storage operation may operate in the hours between 11:00 p.m. and 7:00 a.m. The Board may prohibit overnight security lighting if it finds such lighting would adversely affect the surrounding community. All exterior lighting must comply with Yorktown Outdoor Lighting Code, Chapter 200.

The Planning Board shall require suitable landscaping and fencing or other measures to mitigate the effects of odor, noise, and visual impacts and may limit or prohibit outdoor storage of any materials other than motor vehicles.

It is the intent of this section to allow for the use of an existing residential structure for professional offices and/or studios of an architect, artist, chiropractor, dentist, engineer, insurance broker, lawyer, optometrist, osteopath, physician, planner, public accountant, real estate broker, speech therapist, surveyor, veterinarian and/or similar professional uses. However, such use of a residential structure must not disturb the residential characteristics and nature of the neighborhood in which they are located. It is the intent of this section to allow for the use of a residence as a professional office and/or studio, but not at the expense of the quality of life in Yorktown's residential neighborhoods.

The Zoning Board of Appeals, therefore, may permit the use of a residential structure as a professional office and/or studio under the following conditions:

Penalties for offenses. Any owner who fails to secure a special permit for a professional and/or commercial office use, as provided in this chapter, or who allows the same in violation of the provisions of this chapter, shall be guilty of an offense punishable by a fine of not less than $500 nor more than $1,000 or imprisonment not to exceed 15 days, or both, upon conviction of a first offense; and for the second and each subsequent conviction, by a fine not less than $1,500 nor more than $2,000 or imprisonment not to exceed 15 days, or both. Each weeks' continued violation shall constitute a separate additional violation.

Legislative intent. The Town Board of the Town of Yorktown recognizes that the maintenance of amusement centers should be adequately regulated so as to prevent danger to the public health, safety and welfare. Permit approval by the Town Board shall be required for an amusement center as defined in this chapter.

Application. Application for such permit shall be made, in writing, on forms provided by the Town Clerk and shall designate the location of such center, the name of the owner of the premises, the approximate number of square feet in the room or rooms to be used for amusement purposes and the name and address of the applicant. If the applicant is a corporation, the application shall contain the names and addresses of the officers thereof. Such application shall be accompanied by a permit fee of $200.

Procedure upon receiving application. Upon receiving an application for a permit as required by the preceding subsection, the Town Clerk shall immediately submit the application to the following: the Town of Yorktown Police Department, the Building Inspector, the Planning Board and the Fire Marshal. The application shall not be considered for approval by the Town Board until and unless all reports, in writing, from each of the named officials shall have been received. In connection therewith, the Town of Yorktown Police Department shall satisfy itself as to the public safety hazards involved, including adequate insurance, the Fire Marshal as to the fire hazards, the Planning Board as to egress and ingress, parking, traffic, screening, etc. and the Building Inspector as to the safety of the structure in which the center is proposed and as to compliance with state and local sanitary and health laws. No office to whom the application is submitted for a report and recommendations shall delay action thereon more than 30 days from the time it has received the same.

Public hearing. Upon receipt of all of the required reports, the Town Board shall set a public hearing on the application and notice thereof shall be given as prescribed in Town Law § 130, and, in addition, the applicant shall notify all abutting owners and/or tenants of the date, time, place and purpose of such hearing. Such notification shall be made by certified or registered mail, return receipt requested, at least eight days before the date set for the hearing. Proof of compliance with this section shall be furnished at the public hearing.

Standards of permit approval. The Town Board shall determine whether the premises sought to be licensed are of such a nature as to be safely used for the purpose of maintaining an amusement center and that the conduct and operation of said center will not unreasonably disturb or annoy the owners and occupants of the premises in the vicinity thereof. In making such determination, the Town Board shall also take into consideration the location, size and intensity of the proposed center, the location of the proposed center with respect to the streets giving access to it, the nature and height of the building, walls, fences and landscaping and noise, vibration and excessive light so that the appropriate development and use of adjacent lands will not be impaired.

Power of Town Board. The Town Board may, in granting any permit hereunder, provide for and impose such conditions and regulations as to the conduct of said center as it may deem proper for the safety, health and welfare of the patrons thereof and of the residents of the Town of Yorktown, including but not limited to requirements for off-street parking, screening and the lighting of the same, uniformed security guards, numbers of occupants and hours of operations.

Nontransferability, duration and renewal. Any permit grated pursuant hereto shall not be transferable and shall be and remain in full force for the term of one year from the date of issuance, unless sooner revoked, as hereinafter provided. At the expiration of said year, the permit may be renewed for a further period of one year upon the payment of the license fee hereunder and the filing and approval of a new application in accordance with the procedure set forth herein at least 30 days and not more than 60 days prior to expiration.

Suspension or revocation of permit. A permit issued hereunder shall be subject to suspension or revocation by the Town Board for any disorderly conduct permitted or suffered on the premises under the control of the permittee or for the violation of any of the provisions of this chapter or of the conditions of the permit. Such suspension or revocation shall be had only after a public hearing if it is found that the permittee has violated any provision of this chapter. Such hearing shall be held after a written notice of the same is given to the permittee at least 15 days before such hearing.

It is hereby found and determined that the continuing growth of Westchester County is creating a demand for cemeteries. As the location of any cemetery will affect the health, safety and welfare of the residents of the Town of Yorktown, the following standards are adopted. Additionally, as cemeteries will be allowed, as a special use, solely in R1-40 and R1-80 Zoning Districts and will entail subdivision and site plan approval by the Planning Board, it is deemed advisable to empower the Planning Board to grant special use permits for the same.

A cemetery shall be located on its own lot and uses, other than those expressly permitted in this section, are prohibited. If necessary, an applicant shall process a subdivision, pursuant to Chapter 195, Land Development, of the Code of the Town of Yorktown, in order to create a lot for a cemetery use.

The minimum site requirements for a cemetery shall be as follows:

Permitted uses. The only permitted uses within a cemetery shall be:

Location. Graves shall not be permitted to locate:

Procedure. A special use permit for a cemetery shall not be granted prior to:

Exemptions. Cemeteries existing on the effective date of this section shall not be required to conform to the requirements set forth herein, provided that, in the event that any of said existing cemeteries seek to expand said use, the land upon which said expansion is to occur shall conform to the requirements of this section; and, further, provided that the Planning Board may, for good cause shown, waive any of the requirements set forth herein, for existing cemeteries only.

Only dead-storage activities shall be permitted. Retail activities, store fronts and office activities shall be prohibited within the self-storage center, except that one office for the operation of the center and limited retail sales of products and supplies incidental to the principal use shall be permitted within the office area. The following are also prohibited: auctions, garage sales, flea markets, hobby shops, servicing and repair of motor vehicles, boats etc.; the operation of power tools, spray-painting equipment, kilns or other similar equipment. All storage, including cars, shall be inside a building; outside storage shall be prohibited. Vehicle parking shall be for customers and employees only, while they are on the site. Motor vehicles shall not be parked or otherwise stored outside within the center. Operating hours shall be limited from 7:00 a.m. to 11:00 p.m. One residence shall be permitted for the use of the owner of the facility and/or a caretaker.

There shall be a minimum lot area of two acres, and the maximum floor area ratio shall be 0.6.

Setback requirements shall be as follows:

Where the lot is adjacent to a residential area, screening shall be provided as in the M-1A Zone.

Maximum coverage, height and number of stories shall be as permitted by the respective zones.

Any lighting shall be shielded to direct light onto the established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. However, access and lighting shall not be permitted on a side facing a residential area, unless a sufficiently high landscaped berm can be provided to completely shield the building and lighting from residences.

No loading docks or permanent materials-handling equipment shall be permitted. Storage of gasoline and similar petroleum products, radioactive materials, explosives and flammable or hazardous chemicals shall be prohibited, and the operator of the self-storage center shall include a provision to this effect in any lease used to rent the storage units.

Off-street parking shall be provided, and there shall be one parking space per 10,000 square feet of storage area. In addition, the owner shall submit a plan which establishes that in the event of a change of use of the site from self-storage to a permitted use, provision can be made for parking at a ratio of one space for every 1,000 square feet of building which parking shall be shown on both the areas the owner intends to pave as well as on areas not paved.

Construction material shall be suitable for withstanding considerable impacts, and satisfactory provisions for continuous maintenance of the site and buildings shall be submitted to the Planning Board for approval.

Notwithstanding any provision of this chapter to the contrary, a parking/site plan conforming in all respects to the appropriate land development regulations of Town of Yorktown shall be submitted to the Planning Board for approval.

A sign shall be required indicating the name and telephone number of the manager of the self-storage center.

The Planning Board may impose such other conditions as it shall deem necessary to provide for the orderly development of the site.

No action shall be taken on a proposal for a self-storage facility unless and until the project has been reviewed by the ABACA, and its recommendation submitted to the Planning Board.

Legislative intent. No person shall engage in the operation of a sidewalk cafe or outdoor dining area, except upon the granting of a permit pursuant to this section.

Permitting authority.

Terms and conditions.

Temporary permits.

The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operation characteristics which can lead to a significant impact on the surrounding community. The Town Board further finds that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of Yorktown in that they often result in influences on the community, which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area, leaving it in a vacant and depressed state. The purpose of this article is to prevent the unrestricted proliferation of such businesses and to ensure that the effects of such businesses will not adversely affect the safety and economic well-being of the community by enacting criteria for the placement, construction and/or permitting of adult entertainment uses in the Town.

Adult entertainment use not permitted. Adult entertainment uses are not permitted in the Town of Yorktown. The need for provision of such uses is being met on a regional basis.

Helistops shall be permitted in OB Districts as an accessory use with a special permit issued by the Planning Board, provided that they meet the following standards:

Helistops shall also be permitted in the Rl-200 and Rl-160 Residential Districts as an accessory use with a special permit issued by the Planning Board, in accordance with the standards listed in Subsection A(1) through (6) above. To obtain a special permit, the applicant must also show:

A coop for housing live fowl shall be permitted only as an accessory use to a permitted principal residential use and shall be located on the same site therewith.

No coop shall be located on a lot having less than 40,000 square feet in area. This provision shall be considered an area and bulk provision, not a use provision.

A coop shall be situated completely in a side or rear yard, at least 30 feet from each property line and at least 50 feet from any residence existing at the time of the initial issuance of the special permit, other than the residence located on the lot. Abutting lots with common beneficial ownership shall be considered a single lot for the purposes of this subsection.

Special use permit.

The application fee for a special use permit sought under this section shall be in an amount as set forth in the Master Fee Schedule.[1]

Statutory authority and jurisdiction.

Statement of purpose and intent.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Applicability.

Solar as an accessory use or structure.

Approval standards for large-scale solar systems as a main use permitted by special permit.

Abandonment and decommissioning.

Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal penalties provided for in Chapter 300, Zoning, of the Code of Town of Yorktown.

Payments in lieu of taxes. To the extent any real property with a solar energy system authorized hereunder is exempt from taxation to the extent of any increase in the assessed value thereof by reason of the inclusion of such solar energy system under New York Real Property Tax Law § 487, the property owner shall be required to enter a contract with the Town for payments in lieu of taxes ("PILOT"), as set forth in NY RPTL § 487(9). The amount of such PILOT shall be set by the Town Board, upon recommendation of the Town Assessor. Said recommendation shall be based upon industry-recognized standards [e.g., the New York State Energy Research and Development Authority (NYSERDA) PILOT calculators]. Under NY RPTL § 487, solar energy systems are not exempt from special district ad valorem taxes, which will be the responsibility of the property owner in addition to any PILOT payments.

Lock box. All large-scale solar energy systems shall maintain an emergency key box on site to provide for emergency access to the system and to provide for the storage of vital system information.

Compliance with all laws. Solar energy systems shall comply with all applicable laws, including, as applicable, the Fire Code of the State of New York.

Applicability.

Authority. This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10, Subdivisions 1 and 7, §§ 261 through 263 of the Town Law, and § 10 of the Municipal Home Rule of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.

Statement of purpose. This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

Definitions. As used in this section, the following terms shall have the meanings indicated:

Applicability.

General requirements.

Permitting requirements for Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, shall be authorized through the issuance of a building permit, and shall be subject to the general requirements set forth above.

Tier 2 battery energy storage systems are prohibited within all zoning districts in the Town of Yorktown. Notwithstanding that prohibition, any battery energy storage systems with an aggregate energy capacity greater than 600 kWh or that is comprised of more than one storage battery technology in a room or enclosed area existing within the Town as of January 1, 2025 ("Existing Tier 2 battery energy storage system") shall be considered a legal non-conforming use. All approvals, including special permits, for an Existing Tier 2 battery energy storage system shall continue in full force and effect until expiration, nullification or abandonment. All Existing Tier 2 battery energy storage system shall comply with the following requirements and any conditions of Town approvals applicable to such system:

Safety.

Permit time frame and abandonment.

Enforcement. Any violation of this battery energy storage system section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town.

Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Conflicts with other provisions of this Chapter 300, Zoning. Any provision of this section that conflicts with other provisions of this chapter take precedence and shall be enforceable as it pertains to uses under this section only.

No veterinary or medical services or care shall be provided at a pet care facility.

On-site staff shall be provided during all times that animals are present at the pet care facility.

The Planning Board may approve limited overnight boarding on parcels greater than five acres and located in a single detached building.

Indoor space. Adequate indoor space must be provided for all animals under the care of the pet care facility and comply with all state, federal and local laws and regulations.

Outdoor spaces. Outdoor spaces are permitted subject to the following requirements:

Sanitation.

Noise. Pet care facilities shall comply with Town of Yorktown Town Code Chapter 216, Peace and Good Order, and make every effort to minimize noise generated as a result of the use. In multitenant buildings, soundproofing shall be to the satisfaction of the Planning Board.

Pet care facilities must obtain a permit to operate an animal facility from the Westchester County Department of Health. Any special permit granted by the Planning Board is subject to obtaining a permit from the Westchester County Department of Health, and the facility must comply with the requirements of that permit and all state, federal and local laws and regulations.

The Planning Board may require additional measures or standards as it deems appropriate to maintain orderly use of a site and protection of the public welfare.