Local Law 1 2017-01-12NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
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Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. 1 of the year 2017
A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning,
of the Town Code with Respect to a Variety of Planning and Zoning
Matters."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as
follows:
TEXT COMMENCES ON NEXT PAGE
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each.)
LOCAL LAW # 1 OF THE YEAR 2017
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "A Local Law for the purpose of amending
Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning
matters."
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate to update and amend
Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning
matters. This local law is determined to be an exercise of the police powers of the Town
to protect the public health, safety and welfare of its residents.
Section 3: Amendments to the Text of Chapter 240, Zoning
1. The following definitions in Section 240-5 shall be revised to read as follows:
BUILDING, ACCESSORY — A building which is subordinate to the principal
building on the lot and used for purposes customarily incidental to that of the
principal building. Accessory buildings shall include but not be limited to barns,
garages, sheds, huts, garage- or shed -like tents, fabric shelters, etc. Where an
accessory building is attached to the principal building in a substantial manner, as
by a common wall or roof, such accessory building shall be considered part of the
principal building. An accessory building connected to the principal building by an
open or enclosed breezeway shall not be considered part of the principal building.
STAND-ALONE, FRANCHISE, FAST-FOOD ESTABLISHMENT — A business
enterprise having the three following characteristics:
A. The business occupies the total floor area of the building in which it is
located.
B. The business is a franchise.
C. The business is primarily engaged in the sale of pre -prepared or quickly
prepared food and beverages in disposable containers or wrappers, selected
by patrons from a limited line of specialized items such as hamburgers,
chicken, pizza, tacos, hot dogs, ice cream, yogurt, etc. for consumption
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either on or off the premises, in a facility in which at least a major portion
of the sales to patrons is at a stand-up counter or drive-through window.
For the purposes of this chapter, the conduct of a bakery, a delicatessen,
convenience store or other store selling food and beverages whether or not
at a gasoline filling station shall not be deemed to be a stand-alone,
franchise, fast-food establishment but shall be considered to be the retail
sale of food and beverages.
STORY, HALF — A story immediately under a sloping roof where less than 50%
of the story's floor area has a height of seven feet or more between the surface of
the floor and bottom of the roof beams.
2. The following new definitions shall be added to Section 240-5 in their proper
alphabetical order:
AS -BUILT SURVEY — A land survey that shows the final horizontal and vertical
field location of constructed improvements on a lot including any approved design
changes and field changes. This type of survey depicts the location of all
improvements on a site including above -ground and below -ground structures such
as buildings, parking areas, utilities, storm drainage systems, sewer disposal
systems, water supply systems and any other constructed features.
COMMERCIAL OR INDUSTRIAL LAUNDRY — An establishment engaged in
laundering and/or supplying laundered items, such as uniforms, gowns and coats,
table linens, bed linens and clean room apparel on a rental or contract basis to
entities such as industrial plants, institutions, retail establishments and hospitality
industries.
FIELD CHANGE — A change to an approved plan made during the course of site
development work or construction work required by unforeseen site constraints
and/or technical or engineering considerations where the change does not match
the plan that was originally approved but is generally consistent with the approved
plan.
PERSONAL SERVICE BUSINESS — A business enterprise engaged in providing
services involving the care of a person or his or her personal goods or apparel,
including but not limited to beauty and barber shops, dressmakers, tailor shops,
watch repair, clothing and shoe repair, laundromats, laundry and dry cleaners (not
including commercial or industrial laundries), nail salons and tanning salons, and
excluding tattoo parlors.
TRANSPORTATION TERMINAL — A facility where ambulances, taxis,
limousines, armored cars, tow trucks, buses and similar commercial vehicles are
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stored, and/or from where they are dispatched. A transportation terminal does not
include the storage of impounded or towed vehicles.
3. Section 240-161)(2)(a) shall be revised to read as follows:
(a) Notwithstanding any contrary provisions in § 240-21F of this chapter, the
Junkyard shall be entirely surrounded by a fence or screening at least seven
feet high, but not higher than 10 feet and evergreen landscaping, both of
which shall be approved by the Planning Board as adequate to provide
reasonable protection to the value of the adjoining property.
4. Section 240-21 shall be revised to read as follows:
§ 240-21 Yards and setbacks.
A. Yard for every building. No part of a yard or other open space provided
about any building or on any lot for the purpose of complying with the
provisions of this chapter shall be included as any part of the yard or open
space for any other building or any other lot.
B. Obstructions in yards. Buildings or structures or any projection from
buildings or structures shall not be permitted in a required yard, except as
follows:
(1) Paved open terraces and patios.
(2) Architectural features such as windowsills, door frames, chimneys,
eaves or cantilevered roofs may project up to three feet into any
required yard.
(3) The installation of handicap ramps for residential development.
C. Yard requirements on multiple frontage lots. A front yard shall be provided
on each street. On a corner lot, there shall be provided a front yard on each
street. A rear yard shall be provided on each corner lot and the property
owner shall elect which yard, other than a front yard, is the rear yard.
D. Exception for existing alignment of buildings. If, on one side of the street
within 150 feet of any lot, there is pronounced uniformity of alignments of
the depths of front yards greater or less than the required minimum depths
specified in the Schedule of Dimensional Regulations for Residential
Districts,111 a front yard shall be required in connection with any new
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building which shall conform as nearly as practicable with those existing on
adjacent lots.
[I]: Editor's Note: Said schedule is included at the end of this chapter.
E. Swimming pools. A swimming pool, including accessory equipment, shall
be considered a structure and shall have the same set back requirements
from lot lines as required for accessory buildings in the subject zoning
district. A swimming pool, including accessory equipment, must be
surrounded by a fence or constructed in accordance with the New York
State Uniform Code. Associated electrical facilities for pool filters, and
electrical outlets must comply with the New York State Uniform Code.
F. Fences and walls.
(1) The yard requirements of this chapter shall not be deemed to prohibit
any accessory retaining wall, nor to prohibit any fence or wall,
provided that walls or fences in required yard areas shall not exceed
six feet in height.
(2) Notwithstanding subsection (1) immediately above, in the zoning
districts enumerated in the Schedule of Use Regulations for
Nonresidential Districts,111 the Planning Board may allow a fence of
any kind to a height not exceeding 12 feet above adjoining grade,
provided the Board deems such fence necessary and appropriate for
safety and/or security purposes, and provided further that
the fence has been designed by a licensed professional engineer. A
building permit shall be required for the construction of such fence
and upon completion thereof the issuance of a certificate of
compliance shall be required.
(3) All walls which are four feet in height or higher shall be designed by
a licensed professional engineer. A building permit shall be required
for the construction of such walls and upon completion thereof the
issuance of a certificate of compliance shall be required.
[I]: Editor's Note: Said schedule is included at the end of this chapter.
5. In the Schedule of Use Regulations — Nonresidential Districts referenced in
Section 240-37:
a. Under the heading Public and Quasi -Public, the following use shall be
revised to read as follows:
Places of worship, including rectories, parish houses and religious
schools with minimum setbacks from adjacent residential properties
equal to twice those otherwise required in the district in which the
property is located
Further, in addition to where it is already permitted, this use shall also be a
Permitted Principal Use (PP) in the COP Conservation Office Park zoning
district.
b. In addition to where it is already permitted, under the heading Public and
Quasi -Public, the use "Private schools and colleges (§ 240-58)" shall also
be a Permitted Principal Use (PP) in the NB Neighborhood Business, SC
Shopping Center, and Al Airport Industry zoning districts.
C. Under the heading Public and Quasi -Public, the following use shall be
revised to read as follows:
Libraries, museums and art galleries on lots with frontage on a state
or county road and provided the use derives its primary access from
such road
d. In addition to where it is already permitted, under the heading Office, the
use "Scientific research, engineering or design laboratories, provided that
no hazardous wastes are produced" shall also be a Special Permit Use
(SPU) in the GB General Business zoning district.
e. In addition to where it is already permitted, under the heading Retail, the
use "Stores and shops for the conduct of retail business" shall also be a
Permitted Accessory Use (PA) in the Al Airport Industry zoning district.
f. In addition to where it is already permitted, under the heading Retail, the
use "Craft and artisan studios and shops" shall also be a Permitted Principal
Use (PP) in the SC Shopping Center zoning district.
g. In addition to where it is already permitted, under the heading Retail, the
use "Catalog showrooms for retail sales of off-site inventory (§ 240-81.1)"
shall also be a Special Permit Use (SPU) in the HB Highway Business, GB
General Business, CC Conservation Commercial, SC Shopping Center, and
COP Conservation Office Park zoning districts.
h. Under the heading Restaurant, the following two uses shall respectively be
revised to read as follows:
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Restaurants; and on lots of at least 2 acres: stand-alone, franchise,
fast-food establishments
Restaurants excluding stand-alone, franchise, fast-food
establishments
Under the heading Service, the following use shall be revised to read as
follows:
Personal service businesses
J_ Under the heading Service, the use "Laundry or dry-cleaning
establishments serving commercial businesses" shall be deleted.
k. Under the heading Service, the new use "Commercial or industrial laundry"
shall be added as a Permitted Principal Use (PP) in the Al Airport Industry
zoning district.
Under the heading Service, the new use "Landscaping business" shall be
added as a Permitted Principal Use (PP) in the GB General Business, COP
Conservation Office Park and Al Airport Industry zoning districts.
in. In addition to where it is already permitted, under the heading Service, the
use "Pet grooming" shall also be a Permitted Principal Use (PP) in the HM
Hamlet Mixed Use, NB Neighborhood Business and SC Shopping Center
zoning districts.
n. In addition to where it is already permitted, under the heading Medical, the
use "Nursing homes and alternative care facilities (§ 240-64)" shall also be
a Special Permit Use (SPU) in the GB General Business and CC
Conservation Commercial zoning districts.
o. In addition to where it is already permitted, under the heading Medical, the
use "Veterinarian offices, pet daycare and commercial kennels, without any
outdoor runs (§ 240-71)" shall also be a Permitted Principal Use (PP) in the
Al Airport Industry zoning district.
p. In addition to where it is already permitted, under the heading Medical, the
use "Veterinarian offices, pet daycare and commercial kennels, with
outdoor runs (§ 240-71)" shall also be a Special Permit Use (SPU) in the Al
Airport Industry zoning district.
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q. Under the heading Manufacturing, the use "Manufacturing, fabricating,
assembling, finishing or repair of goods (§ 240-78)" shall be deleted.
r. Under the heading Manufacturing, the following use shall be revised to
read as follows:
Manufacturing, fabricating, finishing, assembling or repair of
products including the retail sale of such products on the premises (§
240-78)
This use shall be eliminated as a Special Permit Use (SPU) in the HB
Highway Business zoning district. This use shall be a Permitted Principal
Use (PP) in the COP Conservation Office Park and Al Airport Industry
zoning districts.
S. Under the heading Manufacturing, the following new use shall be added
immediately following the use in Item r above and shall read as follows:
Assembling, finishing or repair of products including the retail sale
of such products on the premises (§ 240-78)
This new use shall be a Permitted Principal Use (PP) in the HB Highway
Business, GB General Business, HD Highway Design, COP Conservation
Office Park and Al Airport Industry zoning districts.
t. The heading Manufacturing shall be revised to read: "Manufacturing,
Fabricating, Assembling, Finishing and Repair"
U. In addition to where it is already permitted, under the heading Warehouse
and Storage, the use "Contractor's lumber supply yard and wholesale
lumber sales (§ 240-68)" shall also be a Permitted Principal Use (PP) in the
Al Airport Industry zoning district.
V. Under the heading Warehouse and Storage, the use "Contractor's office,
storage and sale of construction materials, supplies and equipment,
including plumbing, electrical and similar contractor's establishments,
provided that any outdoor storage is suitably screened in accordance with §
240-25D and meets all other applicable provisions of this chapter" shall be
eliminated from the HB Highway Business zoning district.
W. Under the heading Automotive, the use "Motor vehicle towing, repair and
service (§ 240-70)" shall be eliminated from the CC Conservation
N.
Commercial zoning district. This use shall be added as a Special Permit
Use (SPU) in the Al Airport Industry zoning district.
X. Under the heading Automotive, the use "Gasoline filling stations (§ 240-
52)" shall be eliminated from the CC Conservation Commercial zoning
district.
Y_ Under the heading Automotive, the use "Transportation terminals on a
minimum lot of 2 acres" shall be eliminated from the HB Highway
Business zoning district.
Z. Under the heading Automotive, the following use shall be revised to read as
follows:
Vehicle rental businesses
In addition to where it is already permitted, this use shall also be a
Permitted Principal Use (PP) in the HB Highway Business zoning district.
aa. Under the heading Residential, the use "Hotels and motels (§ 240-69)" shall
be eliminated from the HM Hamlet Mixed Use, GB General Business, CC
Conservation Commercial and Al Airport Industry zoning districts. In the
HB Highway Business and HD Highway Design districts, this use shall be
changed from a Special Permit Use (SPU) to a Permitted Principal Use
(PP).
bb. Under the heading Residential, the use "Bed -and -breakfast establishments
(§ 240-73)" shall be eliminated from the HB Highway Business, GB
General Business, HD Highway Design and Al Airport Industry zoning
districts.
CC. Under the heading Residential, the use "Conversion of certain existing
large residential structures to two-family or multifamily dwellings (§ 240-
56)" shall be eliminated from the HB Highway Business, GB General
Business and CC Conservation Commercial zoning districts. In the HM
Hamlet Mixed Use district, this use shall be changed from a Permitted
Principal Use (PP) to a Special Permit Use (SPU).
6. In the Schedule of Use Regulations — Residential Districts referenced in
Section 240-37, the text of footnote 1 shall be relocated to under the word
"Use" in the box where footnote 1 is now referenced, so that there will be no
need for the footnote.
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7. In the Schedule of Use Regulations — Nonresidential Districts referenced in
Section 240-37, the text of footnote 1 shall be relocated to under the word
"Use" in the box where footnote 1 is now referenced, so that there will be no
need for the footnote.
8. In Section 240-6 and in the Schedule of Use Regulations — Nonresidential
Districts referenced in Section 240-37, and on the Zoning Map, all references
to the MU Mixed Use zoning district shall be deleted.
9. In the Schedule of Dimensional Regulations — Nonresidential Districts
referenced in Section 240-37, all references to the MU Mixed Use zoning
district shall be deleted, including Footnote 1. Footnote 1 shall either be
reserved for future use or the remaining footnotes shall be renumbered
accordingly.
10. Section 240-7B(4) shall be deleted.
11. Section 240-7B(5) shall be revised to read as follows:
(5) HD - Highway Design District. Intent: The uses are designed to discourage
automotive uses; stand-alone, franchise, fast food establishments and
certain other uses, and to encourage the development of office uses,
scientific research, engineering or design laboratories, and other uses that
can help diversify the Town's economic base.
12. Section 240-7B(5) shall be renumbered to 240-7B(4).
13. Section 240-54E regarding Professional office and professional studio uses in
a residence, shall be revised to read as follows:
E. The use shall not utilize an area exceeding 300 square feet which can be
increased to 500 square feet if the lot has frontage on a state or county road
and if the use derives its primary access from such road. In no case shall the
use occupy an area exceeding 25% of the gross floor area of the residence.
14. Section 240-57 regarding Places of worship, including parish houses and
religious schools, shall be revised to read as follows:
§ 240-57 Reserved.
15. Section 240-58 shall be revised to read as follows:
§ 240-58 Private schools including religious schools and colleges.
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A. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
B. The minimum setback from adjacent residential properties shall be twice
that otherwise required in the district in which the property is located.
C. The Planning Board may impose such conditions as it deems necessary to
avoid or minimize traffic impacts and the impairment of the use, enjoyment
and value of property in the area.
16. Sections 240-59D and H regarding Temporary outdoor use and structures in
all districts, and, in residential districts, temporary outdoor stands for the
sale and display of field and garden crops, shall respectively be revised to
read as follows:
D. Such uses shall only be permitted on lots with frontage on a state or county
road and only where the use derives its primary access from such road.
H. The Zoning Administrator may issue a permit for a temporary outdoor sales
or promotions use and temporary signage not exceeding 50 square feet in
area without Planning Board approval for a period not to exceed 25 days in
length nor more than three times per year per principal use, provided the
temporary use:
(1) Is accessory and incidental to an existing permitted principal use on
the site;
(2) Does not require any improvements to the site;
(3) Is located on a lot with frontage on a state or county road and where
the use derives its primary access from such road;
(4) Conforms to all required setbacks for the district in which it is
located; and
(5) Does not pose any safety concerns as determined by the Zoning
Administrator.
17. Section 240-62F regarding Private, community or fraternal recreation clubs,
shall be revised to read as follows:
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F. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
18. Section 240-63A regarding Private camps for seasonal residents, shall be
revised to read as follows:
A. To qualify for use as a camp, a lot must have a minimum lot area of 20
acres and must have frontage on a state or county road and the use must
derive its primary access from such road.
19. Section 240-64C regarding Nursing and convalescent homes, not including
institutions for the mentally ill or facilities for the treatment of drug or
alcohol addiction, shall be revised to read as follows:
C. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
20. Section 240-65C regarding Funeral homes, shall be revised to read as follows:
C. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
21. Section 240-66B regarding Day-care centers, shall be revised to read as
follows:
B. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
22. Section 240-73A regarding Bed -and -breakfast establishments, shall be revised
to read as follows:
A. The minimum lot area shall be 40,000 square feet and all structures must
conform to the dimensional requirements of the zoning district in which the
property is located.
23. Section 240-73H regarding Bed -and -breakfast establishments, shall be
deleted.
24. Sections 240-73I through Q shall be respectively relettered to H through P.
25. Section 240-81.30 regarding Historic house tours, receptions and similar
events, shall be revised to read as follows:
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O. The lot shall have frontage on a state or county road and the use shall
derive its primary access from such road.
26. Section 240-29F(2) shall be revised to read as follows:
(2) Permanently mounted freestanding signs.
(a) Not more than one freestanding sign, mounted in such manner as to
constitute a permanent fixed installation, no taller than 10 feet,
composed of no more than two back-to-back faces, along each street
on which the lot abuts, shall be allowed, provided that the aggregate
area of each such sign shall not exceed two square feet for each
linear foot of building length facing the street or 25 square feet,
whichever is smaller. A freestanding sign shall be located on private
property and shall not be located closer than 25 feet from any side
or rear lot line, and not closer than 15 feet from the edge of
pavement of any roadway. Notwithstanding the above, the Planning
Board may allow a freestanding sign in the right-of-way of a state or
county road with the permission of the owner of the road, but in no
case closer than 15 feet from the edge of pavement of the roadway.
In no case shall a freestanding sign be located in a manner which
adversely affects sight distance for vehicles.
(b) One additional sign, of an equal or lesser dimension, shall be
allowed in the case of commercial development consisting of two or
more structures separated by at least 25 feet and located more than
125 feet from the front lot line. Said signs shall be coordinated with
respect to construction and appearance to function as a single sign.
27. Sections 240-97A and B shall be revised to read as follows:
A. Except where otherwise modified by other provisions of this chapter, off-
street parking spaces shall be provided as follows. Off-street parking spaces
in excess of the minimum numbers specified below shall not be permitted.
Reasonable and appropriate off-street parking requirements for structures
and land uses which do not fall within the categories listed below or within
the special standards of Article VIII shall be determined by the Planning
Board. The Planning Board shall consider all factors entering into the
parking needs of each such use or reuse of land or buildings and may, in the
course of site plan or special permit review, reduce or increase the parking
and loading requirements for such uses in an amount which it considers
appropriate and in the best interest of the Town. In all cases, the Planning
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Board shall require appropriate safeguards for the provision of the required
parking and loading facilities for uses for which standards exist.
B. Notwithstanding Subsection A above, the Planning Board, at its sole
discretion, may reduce the cumulative parking requirement in a mixed-use
development, where it has been demonstrated to the Board that the
proposed amount of parking will be adequate to serve the peak parking
requirements of the development. In order to demonstrate this, the applicant
shall provide a shared parking study prepared by an appropriate
professional in accordance with accepted industry standards, such as that
described in the latest edition of the Urban Land Institute's Shared Parking
report, the Institute of Transportation Engineers' Shared Parking guidelines,
or other approved procedures, which may be supplemented as appropriate
by actual experience and studies of, or known to, the professional preparing
the report. The study shall consider parking demand variations due to
factors such as time of day, weekday versus weekend demand, monthly
variations in parking demand, captive markets within the site and modal
split, all of which affect when the peak accumulated parking demand would
occur.
[The remainder of subsection B shall remain intact.]
28. In the Schedule of Use Regulations — Residential Districts referenced in
Section 240-37, under the heading Public and Quasi -Public, the following use
shall be revised to read as follows:
Libraries, museums and art galleries on lots with frontage on a state or
county road and provided the use derives its primary access from such road
29. Section 240-18B shall be revised to read as follows:
B. Subdivision of a lot.
(1) Where a lot is formed hereafter from part of a lot already occupied
by a building or structure, such separation shall be effected in such
manner as not to impair conformity with any of the requirements of
this chapter with respect to the existing building and all yards and
other required spaces in connection therewith.
(2) Except as provided in § 240-56 of this chapter, in the case of a
legally non -conforming two-family or multifamily dwelling on a lot
in a one -family residence zoning district, no land shall be subdivided
from said lot unless the area of the lot on which the non -conforming
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dwelling remains has an area of at least the number of dwelling units
in the building times the minimum lot size of the zoning district in
which the property is located.
30. Section 240-96G shall be revised to read as follows:
G. Commercial vehicles. Not more than one commercially registered vehicle
and one trailer may be parked or stored outdoors on any residentially used
or residentially zoned lot at any time. For the purposes of this section, a
"commercial vehicle" shall be a vehicle which exceeds 12,000 pounds in
gross vehicle weight; examples include tractors, tractor -trailers, semi-
trailers, rollers, tractor and truck cranes, power shovels, road -building
machines, snowplows, road sweepers, sand spreaders, trailers, excavators,
tank trailers and buses, and any other similar vehicle.
31. Section 240-43A(1)(e) regarding Special Permit application requirements
shall be revised to read as follows:
(e) Full environmental assessment form, except that in the case of a special
permit accessory use the approval authority may allow the use of a short
environmental assessment form.
32. Section 240-29F(6) shall be revised to read as follows:
(6) Illumination. One permitted freestanding sign and one permitted building -
mounted sign may be illuminated, during business hours only, provided that
such illumination shall not be twinkling, flashing, intermittent or of
changing degrees of intensity, except for time/temperature signs, and
provided that the source of such illumination shall not be visible beyond the
boundaries of the lot on which it is located.
33. In the Schedule of Use Regulations — Residential Districts referenced in
Section 240-37, under the heading Public and Quasi -Public, the following use
shall be revised to read as follows:
Places of worship, including rectories, parish houses and religious schools
with minimum setbacks from adjacent residential properties equal to twice
those otherwise required in the district in which the property is located
Further, this use shall be changed from a Special Permit Use (SPU) to a
Permitted Principal Use (PP) in all of the residential zoning districts.
34. In the Schedule of Dimensional Regulations — Nonresidential Districts
referenced in Section 240-37, all of the dimensions of the Highway Design
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(HD) District shall be revised so as to be the same as those of the Highway
Business (HB) District.
35. In Section 240-6, in the Schedule of Use Regulations — Nonresidential Districts
referenced in Section 240-37, in the Schedule of Dimensional Regulations —
Nonresidential Districts referenced in Section 240-37, and on the Zoning
Map, all references to the PI Planned Industry district shall be deleted.
Section 3. Chan2in2 of Zoning District Designations of Parcels
The zoning of the parcels listed below is hereby changed from the Existing Zoning
District to the New Zoning District as shown below:
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Existing
New
Tax Parcel
Subject Property
Owner's Name
Zoning
Zoning
Number(s)
Address
and Address
District
District
1376 Route 9
1369 Route 9 Associates, Inc.
HD
HB
6157-02-626677
Wappinger, NY 12590
1376 Route 9
Highway
Highway
Wappinger Falls, NY 12590
Design
Business
Route 9
1369 Route 9 Associates, Inc.
HD
HB
6157-02-631659
Wappinger, NY 12590
1376 Route 9
Highway
Highway
Wappingers Falls, NY 12590
Design
Business
Part of 6157-02-
1404 Route 9
Alpine Improvements LLC
HD
Highway
HB
Highway
707773
Wappinger, NY 12590
580 White Plains Rd
Design
Business
Tarrytown, NY 10591
Old Hopewell Rd
Lois, Eugene
HD
HB
6157-02-627612
Wappinger, NY 12590
680 Old Route 9
Highway
Highway
Wappinger Falls, NY 12590
Design
Business
I New Road
DiLullo, Floria C LT (primary)
HD
HB
6156-02-781774
Wappinger, NY
PO Box 275
Highway
Highway
12524
Fishkill, NY 12524
Design
Business
196 Old Route 9
Taconic Ed & Federal
HD
HB
6156-02-793743
Wappinger, NY
Government Credit Union
Highway
Highway
12524
196 Old Route 9
Design
Business
Wappinger, NY
Part of 6156-02-
PI
HB
848675
182 Old Route 9
Global Satellite LLC
Planned
Highway
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Section 4. Amendments to the Zoning Map of Chapter 240, Zoning
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of the parcels listed in Section 3 above, as shown on Exhibits A and B
attached hereto.
Section 5: Application of Local Law
The zoning amendments herein shall not apply to any property for which an application
for site plan or sub -division approval has been properly filed with the Town of
Wappinger as of the effective date of this local law.
Section 6: Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 7: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub -sections of this Local Law may be re -numbered or re -lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 8: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law would have been adopted if such
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Wappinger, NY 12524
25 Corporate Park Dr
Industry
Business
Hopewell Junction, NY 12533
Section 4. Amendments to the Zoning Map of Chapter 240, Zoning
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of the parcels listed in Section 3 above, as shown on Exhibits A and B
attached hereto.
Section 5: Application of Local Law
The zoning amendments herein shall not apply to any property for which an application
for site plan or sub -division approval has been properly filed with the Town of
Wappinger as of the effective date of this local law.
Section 6: Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 7: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub -sections of this Local Law may be re -numbered or re -lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 8: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law would have been adopted if such
17
illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part
had not been included therein, and if such person or circumstance to which the Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 9: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
Section 10. Re -adoption of Local Law 1 of 2015.
This Local Law is being readopted to cure an alleged defect in the adoption process of
Local Law 1 of 2015, said defect being that the referral submission to Dutchess County
Planning pursuant to General Municipal Law § 239-m did not include the completed
Environmental Assessment Form. This defect was cured by resubmitting the Local Law
to Dutchess County Department of Planning with the completed Environmental
Assessment Form dated November 5, 2014 and the Negative Declaration that was issued
on April 27, 2015.
This Local Law is identical to Local Law 1 of 2015 except for this Section 10 and the
deletion of the last sentence of Section 3, Paragraph 5, Subparagraph x from the law
which added gasoline filling stations as a special permit use in the SC Zoning District.
This Local Law is remedial in nature and any approvals issued under Local Law 1, 2015
after its effective date of May 18, 2015 shall be considered valid notwithstanding the re -
adoption of this law. No approvals have been granted for gasoline filling stations that
would be affected by the amendment noted above.
Attachments: Exhibits A and B