Local Law 3 2017 re Antique Auto Restoration 2017-05-18NEW YORK STATE DEPARTMENT OF STATE Revised Draft: 4-26-17
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Town of WAPPINGER
Local Law No. 3 of the year 2017
A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the
Town Code by Adding New Principal and Accessory Uses and New Supplementary
Special Permit Use Regulations Regarding the Restoration and Sale of Antique
Passenger Motor Vehicles."
Be it enacted by the
TOWN BOARD
of the
Town of WAPPINGER as follows:
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LOCAL LAW No. 3 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 "Local Law No. 3 of 2017, for the purpose of amending
Chapter 240, Zoning, of the Town Code by Adding New Principal and Accessory Uses and New
Supplementary Special Permit Use Regulations Regarding the Restoration and Sale of Antique
Passenger Motor Vehicles."
Section 2: Legislative Intent
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. The Town Board believes that it is reasonable and
appropriate to update and amend Chapter 240, Zoning, of the Town Code with respect to the
restoration and sale of antique passenger motor vehicles. The Town Board acknowledges that
restoration of antique passenger motor vehicles is a unique, highly specialized business, requiring
highly technical skills, craftsmanship and artisanship. It is not deemed to be an automotive repair
shop as commonly understood nor is it deemed to be an automotive car dealership (used or new)
requiring weekly or daily sales as its primary business. It is deemed a unique craft requiring unique
regulations and controls.
Section 3: Amendments to the Text of Chapter 240, Zoning
1. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section
240-37:
Shall be revised by the addition of new uses under the Use Heading "Automotive":
Use
Districts
Automotive
HB
HM
NB
GB
CC
SC
HD
COP
Al
PUD
Restoration of Antique Passenger
SPU
SPU
SPU
Motor Vehicles (§ 240-70.1)
Sales of Antique Passenger Motor
SPU
SPU
SPU
Vehicles as accessory use in
connection with the restoration of
antique passenger motor vehicles
(§ 240-70.1)
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2. In Article VIII "Supplementary Special Permit Use Regulations", a new section of
Supplementary Special Permit Use Regulations entitled "Restoration of Antique
Passenger Motor Vehicles" is hereby adopted and to be included in the Code as
Section 240-70.1 as follows:
"§ 240-70.1 Restoration of Antique Passenger Motor Vehicles.
A. The use may only be permitted on a lot containing four or more
acres.
B. The lot in which the subject use is located shall not be permitted
within 200 feet of lots containing places of worship or schools.
C. No portion of the building in which a restoration or rehabilitation
occurs shall be used as a residence or sleeping quarters.
D. There shall be a minimum of five visitor parking spaces plus one
space for each employee.
E. Antique vehicles awaiting restoration shall be located within a
building or within an outdoor storage area except that, the planning
board may permit the parking of up to fourteen antique passenger
motor vehicles in an approved parking lot so long as such vehicles
are duly registered, in good repair and the automotive body
physically appears to be in operating condition. Such vehicles shall
not have missing body parts and shall not be covered with tarps or
other coverings.
F. Any outdoor storage area associated with the use shall be:
1. located within the side or rear yard,
2. comply with the setback requirements for the zoning district,
3. securely fenced, and
4. screened in accordance with the provisions of §240-25(D).
G. No more than eighteen (18) antique passenger motor vehicles may
be stored in all the outdoor storage areas on the lot.
H. A maximum of four pads for display of fully restored antique vehicles
are permitted on the lot.
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All restoration, rehabilitation, painting and related work, including car
washing, of such antique passenger motor vehicles, shall be
conducted within a building.
J. There shall be no outdoor repairs, painting or storage of materials,
parts, equipment of any kind or nature whatsoever, except as
provided above.
K. The sale of a Passenger Motor Vehicles may be permitted as an
accessory use in connection with the restoration of antique
passenger motor vehicles provided that no more than seven (7)
antique passenger motor vehicles are sold in a single year."
3. The following new definition shall be added to Section 240-5:
ANTIQUE PASSENGER MOTOR VEHICLE — A passenger motor vehicle which is a
minimum of 40 years of age, and having a curb weight of not more than 6,000 pounds.
RESTORATION OF ANTIQUE PASSENGER MOTOR VEHICLES shall include the repair,
reconstruction, painting, refurbishing and/or rehabilitation of an antique passenger motor
vehicle to restore the vehicle as close as practicable to its original condition.
Section 4: 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 5: 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.
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Section 6: 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 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 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
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