LL #02-2009NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(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.
❑ County
❑ City of Wappinger
O Town
❑ Village
Local Law No. 2 of the year 20 09
A local law entitled "Local Law #2 of 2009, Amending the Zoning Law so as to Include Historic House
(Insert Title)
Tours, Receptions and Similar Events as a Special Permit Use in the Single -Family
Residential Zoning Districts."
Be it enacted by the Town Board of the
(Name of Legislative Body
❑ County
❑ City of Wappinger
O Town
❑ Village
(Text commences on next page)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05105) Page 1 of 3
LOCAL LAW # 2 OF THE YEAR 2009
A Local Law entitled "Local Law #2 of 2009, for the purpose of adding the new use —
Historic house tours, receptions and similar events — to the Zoning Law."
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 42 of 2009, for the purpose of
adding the new use — Historic house tours, receptions and similar events — to the Zoning
Law."
Section 2: Legislative Intent
The Town Board hereby finds and declares that the preservation of historic sites and
structures benefits the residents of the Town and the public in general, and that the
provision of an economic use for such sites and structures can contribute to their
preservation. This local law is intended to provide for the economic use of historic
homes, and 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: Zoning Amendments
1. The Schedule of Use Regulations — Residential Districts of the Zoning Law in
240 Attachment 2 of the Town Code is hereby amended so as to list "Historic
house tours, receptions and similar events (§ 240-81.3)" in the category of
"Home Businesses" as a Special Permit Use in the R-80, R-40/80, R-40, R-
20/40, R-20, R-15 and R-10 1 -Family Residence Districts.
2. A new Section 240-81.3 shall be added to the Zoning Law and shall read as
follows:
§ 240-81.3 Historic house tours, receptions and similar events.
A. The minimum lot area for this use shall be two acres.
B. The home in which the use is proposed shall be listed on the State or
Federal Register of Historic Places, and all non-residential activities on the
site shall be historic in nature.
C. The exterior appearance of the home shall remain that of a historic one -
family residence.
D. The number of persons assembling in the house shall not exceed the fire -
rated occupancy of said house. Further, the use shall be required to comply
with all applicable building code requirements for any proposed indoor
assembly.
E. The maximum permitted number of customers on the site at any given time
shall be established by the Planning Board as part of its approval of the
special permit for the proposed use, based upon factors including but not
limited to the size of the subject property, the number of parking spaces
available to the proposed use, the proximity of neighboring residences, etc.
F. The use may include an accessory gift shop which is available to persons
attending events on the site, but the gift shop shall not be open to the
general public.
G. The historic use shall be accessory to the principal use of the dwelling for
living purposes. Further, the use shall not be pennitted on a lot where the
dwelling already contains a home occupation, professional home office or
studio use.
H. Not more than two full-time nonresident employees, associates or
assistants, excluding the owner(s), shall be employed on the premises.
I. The use shall not include any amplified speaking or amplified music.
Further, the Planning Board may impose such conditions as it deems
necessary to avoid or minimize traffic, odor, noise and other impacts, and
the impairment of the use, enjoyment and value of property in the area.
The use shall be conducted in such a manner and during such hours that it
is not detrimental to the immediate neighborhood. The Board may also
require additional landscaping or screening to buffer parking areas from
adjoining dwellings.
J. Unless the premises is serviced by a community water or sewer system,
approval of the Dutchess County Department of Health for such services
shall be obtained prior to issuance of a certificate of occupancy and/or
certificate of compliance.
K. There shall be no external evidence or advertising of the business other than
one identification sign, not to exceed two sides of two square feet in area
per side. The appearance, size and location of the sign shall be subject to
the approval of the Planning Board.
2
L. Parking shall be provided as set forth in Article X and as determined by the
Planning Board. Notwithstanding the requirements of Article X. the Board
may allow a shared parking arrangement between the subject use and an
adjacent non-residential use, whereby a lesser amount of off-street parking
is permitted for the two uses than would otherwise be required, so long as
the applicant has demonstrated to the Planning Board that the hours of
operation of the two uses will be such that a sufficient amount of parking
will be provided for each use.
M. The numbers of customers coming to the site shall be such that the number
of cars does not exceed the number of provided parking spaces.
N. In reviewing and approving the special permit application, the Planning
Board may limit the size and frequency of the events to be held.
0. This use shall have frontage on or practical access to a primary or collector
road as shown on the Town Transportation Plan Map in the Town
Comprehensive Plan.
P. The use shall be required to obtain approval from the Dutchess County
Department of Health, if applicable, for any food preparation services
proposed.
Q. This use shall be permitted only where all structures on the premises are in
compliance with the Uniform Code of the State of New York and the Town
Code. The Building Inspector shall not issue a certificate of occupancy
and/or certificate of compliance until violation(s) of the Uniform Code and
Town Code, if any, have been corrected.
R. Upon certification by the Zoning Administrator that the applicant has
complied with all conditions of this chapter, the Building Inspector shall be
authorized to issue a certificate of occupancy for the use.
S. Each use shall be reviewed and/or inspected by the Zoning Administrator
every year in order to determine whether the use is in compliance with this
chapter. Upon the determination of such compliance, the Zoning
Administrator shall issue a certificate of compliance. The certificate of
compliance, once issued, shall be valid for a period of one year, provided
that the use complies with the terns of this chapter. In the event that the
review and/or inspection determines that the use is no longer in compliance
with this chapter, the certificate of compliance shall be revoked and the
Planning Board shall then undertake a review to determine whether the
special use permit shall be revoked.
3
T. The property owner or proprietor shall occupy the premises as their primary
residence. Further, the special pen -nit shall .be issued to the owner(s) of the
property. Should there be a change in ownership or if the premises are no
longer occupied by the owner or proprietor- as their- primary residence, the
special pennit and the certificate of occupancy for the subject use shall be
in need of renewal as per subsection S immediately above.
3. Section 240-97, Schedule of Off -Street Parking Requirements, of the Zoning
Law shall be amended by adding the following use and parking requirement
so as to be located below the "Professional office or home occupation
permitted in a residential district" use:
Use Minimum Number of Off -Street Parking Spaces
Historic house tours, To be detennined by the Planning Board and made a
receptions and similar condition of special pen -nit approval
events, as per § 240-81.3
Section 4. Ratification, Readoption and Confirmation
Except as specifically modified by the Amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 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: 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 petition to other persons
or circumstances. It is hereby declared to be the legislative intent 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 hereof is held inapplicable had been
specifically exempt there from.
Section 6: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
M
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No
of 20 09 — — of
the (RMM)(§�M(Town)(\J ) of Wappinger _ — _ was duly passed by the
Town Board on January 26th, 20 09 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(ViIIage) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 —and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 _ pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 above. CO
Clerk of thEfffounty legislative body, City, Town or Village Clerk or
officer designated by local legislative body
/
(Seal) Date: I N /01
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
fAp;��XMX
`�"'of Wappinger
Town
tie
Date:21'sle J0
DOS -239 (Rev. 05/05) Page 3 of 3