Local Law 6 - 2018NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
Draft: 4-12-18
(Use this form to file a local law with the Secretary of State.)
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. 6 of the year 2018
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 Matters."
Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
LOCAL LAW No. 6 OF THE YEAR 2018
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. 6 of 2018, for the Purpose of
Amending Chapter 240, Zoning, of the Town Code with Respect to a Variety of 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 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 Chapter 240, Zoning
1. The following new definitions shall be added to Section 240-5:
BAR - An establishment serving alcoholic and nonalcoholic beverages for consumption on
premises, and where food may be served as an accessory use. The term "bar" includes the
terms "barroom," "wine bar," "tavern," "pub" and "saloon." A bar may include an accessory
entertainment use.
RESTAURANT -BREWER OR BREW PUB - A bar or restaurant, as defined in this chapter,
that includes as an accessory use the brewing of malt beverages for consumption on
premises and which is subject to State Liquor Authority licensing. The area used for
brewing, including bottling and kegging, shall not exceed 30% of the gross floor area of the
space approved for the restaurant -brewer or brew pub use and shall not produce more than
5,000 barrels of beverage per year. A restaurant -brewer or brew pub may include an
accessory entertainment use.
MICRO BREWER - A facility for the production, packaging and sampling of malt beverages
of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the
premises, which does not produce more than 75,000 barrels of beverage per year and
which is subject to State Liquor Authority licensing.
MICRO DISTILLER - A facility for the production, packaging and sampling of non -malt
beverages of alcoholic content for retail or wholesale distribution, on or off the premises,
which does not produce more than 75,000 gallons of beverage per year and which is
subject to State Liquor Authority licensing.
2
2. The following definitions in Section 240-5 shall be amended to read as follows:
ACCESSORY APARTMENT - A dwelling unit which is incidental and subordinate to and
located within a permitted one -family dwelling.
RESTAURANT - An establishment which prepares and serves food and beverages
selected by patrons from a menu, or at a buffet, and consumed on the premises, and which
contains permanent seating facilities and counters or tables adequate to accommodate the
customers served. A restaurant may include the serving of alcoholic beverages if licensed
by the State Liquor Authority and may provide for carry -out food service if incidental to the
consumption of food and beverages on the premises. Specifically excluded from the term
"restaurant" are stand-alone, franchise fast-food establishments, carry -out food service
establishments, delicatessens, refreshment stands, and curb service or drive-in type food
establishments. A restaurant may include an accessory entertainment use.
3. Section 240-16D.(2)(a) shall be revised to read as follows:
(a) Notwithstanding any contrary provisions in § 240-21 F of this chapter, the junkyard
shall be entirely surrounded by a solid fence or a chain link fence with privacy slats;
the fence shall be a minimum of eight feet in height and not more than 12 feet in
height. This fence shall be maintained in good condition and shall be supplemented
by coniferous screening which is six to eight feet high at the time of planting. Both
the fence and the conifers shall be approved by the Planning Board as adequate to
provide appropriate screening for the adjoining property.
4. Sections 240-21.E and F shall be revised to read as follows:
E. Swimming pools. A swimming pool, including accessory equipment, shall be
considered a structure and shall have the same setback requirements from lot lines
as required for accessory buildings in the subject zoning district. In -ground
swimming pools and pools which are less than 48 inches in height, including
accessory equipment, must be surrounded by a fence of at least four feet in height
with a self -closing and self-locking gate(s) and 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, walls and retaining walls.
(1) In the residential zoning districts the maximum height of any fence, wall or
retaining wall is six feet in height, except as set forth in this section.
3
(2) In the nonresidential zoning districts the Planning Board may allow a fence
in excess of six feet but not exceeding 12 feet above adjoining grade,
provided the Board finds such fence necessary and appropriate for safety
and/or security purposes. Any fence exceeding six feet in height shall be
designed by a licensed professional engineer, architect or landscape
architect. A building permit shall be required for the construction of
such fence and a certificate of compliance or certificate of occupancy, as
applicable, shall be issued upon completion of the fence and submission to
the Town of a certification by said licensed professional that the fence was
constructed in accordance with said professional's design.
(3)
All walls and retaining walls which are four feet in height or higher shall be
designed by a licensed professional engineer, architect or landscape
architect. A building permit shall be required for the construction of such wall
or retaining wall and a certificate of compliance or certificate of occupancy,
as applicable, shall be issued upon completion of the wall or retaining wall
and submission to the Town of a certification by said licensed professional
that the wall or retaining wall was constructed in accordance with said
professional's design.
5. In the Schedule of Dimensional Regulations — Residential Districts, footnote 3 and all
references to footnote 3 shall be deleted:
6. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section
240-37:
a. The heading Restaurant shall be amended to read "Restaurant, Bar and
Restaurant -Brewer".
b. Under the heading Restaurant, Bar and Restaurant -Brewer, the following new use
shall be added at the end of the existing list and shall read as follows:
Bars and restaurant -brewers
This new use shall be a Permitted Principal Use (PP) in the HB, HM, NB, GB, CC,
SC, HD and Al zoning districts.
c. The heading Manufacturing, Fabricating, Assembling, Finishing and Repair shall be
amended to read "Manufacturing, Fabricating, Assembling, Finishing, Repair,
Brewing and Distilling".
4
d. Under the heading Manufacturing, Fabricating, Assembling, Finishing, Repair,
Brewing and Distilling the following new use shall be added at the end of the
existing list and shall read as follows:
Micro brewers and micro distillers (§ 240-81.6)
This new use shall be a Permitted Principal Use (PP) in the COP and Al zoning
districts.
7. A new Section 240-81.6 shall be added and shall read as follows:
§ 240-81.6 Micro brewers and micro distillers.
A. All equipment, materials and activities shall be contained entirely in either fully
enclosed buildings or, where deemed appropriate by the Planning Board due to
such factors as the size of the property involved, and/or the nature and type of
equipment, materials and activities involved, shall be contained entirely in fenced -in
areas which are visually screened from all adjoining properties and roadways.
B. The subject use shall not result in the production of any hazardous wastes.
8. In Section 240-97.B the following new Uses and associated Minimum Number of Off -
Street Parking Spaces shall be added to the schedule of parking requirements:
Use Minimum Number of Off -Street Parking Spaces
Bar or restaurant- 1 space for each 3 patron seats or 1 space for each 50
brewer square feet of gross floor area, excluding kitchen and
storage areas, whichever is greater
Micro brewer or micro 1 space for each employee on the largest shift, plus 1
distiller space for each 3 patron sitting or standing spaces in any
tasting room or other visitor facility open to the general
public
Day-care center 1 for each 250 square feet of gross floor area
9. Section 240-53.B(4) shall be amended to read as follows:
(4) Maximum size. An accessory apartment shall be subordinate in area to the principal
dwelling. The accessory apartment shall not exceed 35% of the gross floor area of
5
said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor
area.
10. Sections 240-53.B(8), (9) and (10) shall be amended to read as follows:
(8) Age of one -family dwelling. A one -family dwelling must be in existence for at least
five years prior to an application for an accessory apartment.
(9) Access.
(a) In the event that an accessory apartment is provided with an externally
located entrance separate from that of the one -family dwelling in which it is
located, such entrance shall be located on the side or rear of the one -family
dwelling.
(b) Any outside stairways and/or fire escapes for the accessory apartment shall
be at the rear or side of the building.
(10) Exterior appearance. To the degree reasonably feasible the exterior appearance of
the building will remain that of a one -family residence.
11. Section 240-63 shall be amended to read as follows:
§ 240-63. Private camps for seasonal residents.
A. Private camps shall only be in operation from April 1 through October 31.
B. Private camp facilities shall be limited to camp sites for tent stands, pop-up
campers, shelters, and shower and bathroom facilities. Private camps may include
one dwelling unit to be occupied by the owner, caretaker or superintendent and
family only. Private camps may also include one building not to exceed 200 square
feet in floor area for an office and convenience store, one storage shed not to
exceed 200 square feet in floor area, and one pavilion.
C. A private camp must have a minimum lot area of 20 acres, 100 feet of frontage on a
public highway, and derive its primary access from such road.
All buildings, structures and recreational facilities shall be set back from adjacent
residential lot lines at least 100 feet.
Private camp sites and camp facilities shall be constructed and operated so as to
minimize disturbance to surrounding properties. The Planning Board shall attach
such conditions to its approval and may require such noise abatement, fencing
6
and/or landscaping as are necessary to protect surrounding properties from
excessive light, noise and other nuisances and hazards which may be inherent in
the operation of the private camp.
F The discharge of firearms, bows and arrows or any other dangerous weapons shall
be expressly prohibited at a private camp.
GOutdoor public address systems shall be prohibited at a private camps. Private camps
shall comply with Chapter 166, Noise, of this code.
H. The private camp's water supply and sewage disposal facilities shall be subject to
approval by the Dutchess County Department of Behavioral and Community Health,
as applicable.
12. Under the heading Mixed Uses in the Schedule of Use Regulations — Nonresidential
Districts referenced in Section 240-37 the text shall read as follows:
Mixed use which is a grouping of attached or detached structures, containing a mix
of residential dwelling units and 1 or more of the following commercial uses: retail
stores and shops, personal service businesses, professional or business offices
and banks (§ 240-81.7)
13. Under the heading Automotive in the Schedule of Use Regulations — Nonresidential
Districts referenced in Section 240-37, the following new use shall be added at the
end of the existing list and shall read as follows:
Off -site parking as an accessory use to a principal motor vehicle sales
establishment use on a noncontiguous lot (§ 240-81.8).
This new use shall be a Special Permit Use (SPU) in the Highway Business (HB), Highway
Design (HD) and Airport Industry (Al) zoning districts.
14. A new Section 240-81.8 shall be added and shall read as follows:
§ 240-81.8 Off -site parking as an accessory use to a principal motor vehicle sales
establishment use on a noncontiguous lot.
A. The off -site parking shall be screened to the satisfaction of the Planning Board from
adjoining uses and roadways, shall be set back 100 feet from all roadways and
residential zoning districts, and shall be orderly as shown on a plan approved by the
Planning Board.
7
B. The off -site parking shall only be for new motor vehicles and those which are less
than 5 years old, and said parking shall not exceed 70 vehicles per gross acre.
C. The lot on which the off -site parking is located shall be at least 2 acres in size and
shall be owned or leased by the motor vehicle sales establishment.
D. The area used for the off -site parking shall be surplus relative to any area of the lot
occupied by required parking for any use of said lot.
E. The off -site parking shall be for storage only, and no sales or display shall take
place on the lot used for the off -site parking.
F The off -site parking shall be subject to the issuance of a building permit subsequent
to special permit and site plan approvals.
15. Section 240-96.G shall be revised to read as follows:
G. Commercial vehicles. Not more than one light -duty 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 "light -duty
commercially registered vehicle" shall exclude vehicles which exceed 8,000 pounds
in gross vehicle weight. The following expressly prohibited examples include but are
not limited to tractors, tractor -trailers, semitrailers, rollers, tractor and truck cranes,
power shovels, road -building machines, snowplows, road sweepers, sand
spreaders, trailers, excavators, tank trailers, tow trucks and buses, and any other
similar vehicle.
16. A new Section 240-36.4 shall be added and shall read as follows:
§ 240-36.4 Outdoor storage.
In the residential zoning districts the outdoor storage of lawn mowing and yard equipment,
tractors. materials, debris, garbage and refuse, whether contained or not, is prohibited
between the dwelling and any street line, except that garbage and refuse if properly
contained in authorized private receptacles pursuant to §§ 210-12 and 210-14.0 of this
code are permitted. Exempt from this prohibition are seasonal decorations, lawn
ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games.
Swing sets shall not be permitted between the dwelling and any street line.
17. In 240 Attachment 3:1 of the Schedule of Dimensional Regulations — Residential
Districts, the entire row starting in the "District" (left hand) column with the words
"Center line of other street" shall be deleted.
8
18. In 240 Attachment 3:1 of the Schedule of Dimensional Regulations — Residential
Districts, the following items in the "District" (left hand) column shall be revised to
read as follows:
Minimum side yard (feet)
Accessory building <15 feet high
and <144 square feet
Minimum rear yard (feet)
Accessory building <15 feet high
and <144 square feet
19. Section 240-83.B shall be revised to read as follows:
B. The following uses, buildings and structures shall not be subject to site
development plan approval:
(1) Issuance of a building permit and grading, stripping, cutting, filling and other
site preparation or disturbance in connection with one one -family dwelling.
(2) Issuance of a building permit for any of the following items:
[Subsections (a) through (c) shall remain intact.]
(d) A shed on nonresidentially zoned or used property, which shed is
less than 100 square feet in size, is less than 10 feet in height, and
which is located in a side or rear yard.
[Subsections (e) through (h) shall remain intact.]
20. In 240 Attachment 4:1 of the Schedule of Dimensional Regulations — Nonresidential
Districts, the entire row starting in the "District" (left hand) column with the words
"Center line of other street" shall be deleted.
21. The following footnote shall be added to "County/state highways" under the heading
"Minimum front yard (feet) from:" in 240 Attachment 3:1 of the Schedule of
Dimensional Regulations — Residential Districts:
5 Existing dwellings, and additions to or expansions of existing dwellings, shall
comply with the requirements for "Front lot line of other street" instead of the
requirement for "County/state highway."
9
22. The following footnote shall be added to "County/state highways" under the heading
"Minimum front yard (feet) from:" in 240 Attachment 4:1 of the Schedule of
Dimensional Regulations — Nonresidential Districts:
5 Existing dwellings, and additions to or expansions of existing dwellings, shall
comply with the requirements for "Front lot line of other street" instead of the
requirement for "County/state highway."
23. Section 240-86.0 shall be revised to read as follows:
C. Fire lanes, on -site circulation and parking. Adequate and convenient off-street
parking and loading spaces shall be provided to prevent parking in public streets of
vehicles belonging to any persons connected with or visiting the proposed use. The
interior circulation system shall be adequate to provide safe access to all buildings,
structures and required off-street parking, including fire lanes and access for
firefighting and for the handicapped. The interconnection of parking facilities via
access drives between adjacent lots, designed to provide maximum safety,
convenience and efficiency of traffic circulation and to minimize curb cuts on
neighboring streets, shall be provided where practicable.
24. Section 240-86.J shall be revised to read as follows:
J. Solid waste. Adequate provisions shall be made for the storage, collection,
recycling and disposal of solid waste. All dumpsters and other large refuse
containers shall be surrounded by a solid wooden, masonry or PVC enclosure
which is at least six feet in height, and which is architecturally compatible with the
principal building(s) on the lot. Said refuse enclosure shall not be comprised of
wooden stockade fencing or chain link material. As part of site development plan
approval, the Planning Board shall determine whether the refuse enclosure shall be
buffered with vegetative screening. Such facilities shall be designed and located so
as to minimize visual and aesthetic impacts to neighboring properties or public
facilities.
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
10
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 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.
J:\DOCS2\500\Wappinger\Code Amendments 2018\zoning LL 4-12-18.dhs.doc
11