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2024-1872024-187 Resolution Adopting Local Law No. 3 Of The Year 2024 Entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors" At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 15, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-187 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board determined that the proposed action does not affect the environment and is not subject to SEQRA; and WHEREAS, a Public Hearing was held on October 15, 2024, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors", as Local Law 3 of 2024 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 10/15/2024 The Resolution is hereby duly ,declared Adopted. JOSEPT��P. PAOLONI, TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE STATE STREET ALBANY, NY 12231 Local Law Filing (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. 3 of the year 2024 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: 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 2024, for the Purpose of Amending Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors." LOCAL LAW No. 3 OF THE YEAR 2024 Section 2. Legislative Intent .., . • .. • A. Legislative intent. The Town Board hereby finds that certain business activities, by their nature, have serious objectionable operational characteristics which can lead to significant impact on the surrounding community. The Town Board further finds that the uncontrolled proliferation of such uses would be inconsistent with the existing development and future plans for the Town of Wappinger in that they often result in influences on the community which undermine the economic, physical and social welfare of the community. Such uses have been found to contribute to the blighting of surrounding residential and commercial areas as a result of the related potential for the undermining of the economic and social welfare of the community and by deterring investment in and improvement of surrounding properties. Such uses can adversely impact the general health, safety and economic well- being of the entire community. Further, the location of these uses may be in areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town Board. The purpose of this section is to prevent the unrestricted proliferation or concentration of such businesses, to specifically limit and reduce their potential accessibility to children and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community, by enacting criteria for the establishment of tattoo parlors in the Town. Section 3. Amendments to Chapter 240-79, Zoning B. Standards. To help achieve the above -stated goals and to promote the objectives of the Town Comprehensive Plan, the granting of special permit approval by the Planning Board shall be subject to the following requirements in addition to the requirements of special permit approval in § 240-44 herein. UL Not more than one tattoo parlor shall be permitted on any lot. No tattoo parlor shall be permitted on any lot which is located within 2,500 feet of any other lot containing a tattoo parlor. LiL 2 No tattoo parlor shall be permitted in any building which is located within 400 feet of any residential zoning district. No tattoo parlor shall be permitted in any building which is located within 400 feet of any lot on which there is located a school, day-care center, place of worship or other religious institution, community center, public park or playing field. Lqh No tattoo parlor shall be permitted in any building which is used in whole or in part for residential purposes. No residential use shall be established in a building of which any part is used as a tattoo parlor. Lqh Tattoo parlors shall comply with all other requirements of the Zoning Law as well as all applicable Town, county, state and federal laws and regulations. "rattoo parlors sIhallllll It e allowed in VB and the location restrictions set forth in Section 3 and Section 4 shall not apply in the NB District. Amend Chapter 240 Attachment 2 Schedule of Use Regulations Nonresidential Districts Town of Wappinger to include Tattoo Parlors as a special permit use in the NB District. 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. 3 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 2 Dutchess County Department ofi k Crate #pgs Planning and Development Co./Crept. Frorrr Fax # PHrorre # 239 Planning/Zoning Referral - Exemption Communities Municipality: Town of Wappinger Referring Agency: Municipal Board Tax Parcel Numbers(s): Project Name: Local Law No. 5 of 2024 which would amend Chapter 240, Zoning, of the Town Code with Respect to Tattoo Parlors Applicant: Town Board - Wappinger Address of Property: All NB Zones Exempt Actions:* 239 Review is NOT Required Administrative Amendments (fees, procedures, penalties, etc.) Special Permits for residential uses (accessory apts, home occupations, etc.) • Use Variances for residential uses Area Variances for residential uses Renewals/Extension of Site Plans or Special Permits that have no changes from previous approvals No Authority to review these Actions Subdivisions / Lot Line Adjustments Interpretations F-1Exempt Action submitted for informal review Date Response Requested: 10/15/2024 Entered By: Paoloni, J Actions Requiring 239 Review Comprehensive/Master Plans ®Zoning Amendments (standards, uses, definitions, district regulations, etc.) F-1Other Local Laws associated with zoning (wetlands, historic preservation, affordable housing, architectural review, etc.) ❑ Rezonings involving all map changes Architectural Review ❑ Site Plans (all) ❑ Special Permits for all non-residential uses ❑ Use Variances for all non-residential uses ❑ Area Variances for all non-residential uses F__] Other (Describe): Parcels within 500 feet of: ❑ State Road: ❑ County Road: F-1State Property (with recreation area or public building) F-1County Property (with recreation area or public building) ❑ Municipal Boundary F-1Farm operation in an Agricultural District 'These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.' For County Office Use Only Response From Dutchess County Department of Planning and Development No Comments: ElMatter of Local Concern ❑ No Jurisdiction ❑ No Authority ❑ Withdrawn ❑ Incomplete - municipality must resubmit to County ❑ Exempt from 239 Review F-1 None Date Submitted: 9/30/2024 Date Received: 9/30/2024 Date Requested: 10/15/2024 Date Required: 10/29/2024 Date Transmitted: 10/9/2024 Notes: Comments Attached: 0 Local Concern with Comments ❑ Conditional ❑ Denial ❑ Incomplete with Comments- municipality must resubmit to County ❑ Informal Comments Only (Action Exempt from 239 Review) Also mailed hard copy Reviewer: Major Project Referral #: ZR24-346 Date Printed: 10/9/2024 ti5S C SUE SERINO COUNTY EXECUTIVE DUTCHESS COUNTY GOVERNMENT DEPARTMENT OF PLANNING & DEVELOPMENT October 9, 2024 To: Town Board, Town of Wappinger Re: ZR24-346, Local Law 5: Amending Zoning 240-79: Tattoo Parlors EoIN WRAFTER, AICP COMMISSIONER The Dutchess County Department of Planning and Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, §239-1/m). ACTION The Town Board is seeking to amend the zoning code to allow tattoo parlors in the Neighborhood Business District by special permit. COMMENTS The proposed amendment to permit tattoo parlors in the Neighborhood Business (NB) district reflects a trend in other municipalities, like the Town of Poughkeepsie, where tattoo parlors were recently reclassified as personal service businesses. The Town Board could simplify their zoning code similarly. However, as proposed, the changes to exempt tattoo parlors from Sections 3 and 4 if in the NB district appears to conflict with the existing legislative intent, which aims to keep such businesses away from neighborhoods. A comprehensive rewrite of the entire section is recommended to ensure the restrictions align with modern views and the legislative intent. Additionally, specifying permitted districts within the zoning text adds unnecessary complexity. For example, Section 7 states that "Tattoo parlors shall be allowed in NB," while the current Schedule of Use Regulations only permit tattoo parlors in the HB district. Clarification is needed: is the intent to shift tattoo parlors from HB to NB, or add NB as a permitted district? A more streamlined solution would be to amend the "Schedule of Use Regulations" (240 Attachment 2) to reflect the permitted districts, omitting these details from Section 240-79 altogether. RECOMMENDATION The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments. Eoin Wrafter, AICP, Commissioner By Tara Grogan Senior Planner