UntitledTOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
-----------------------------------
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
EI'.,UNE H. SNOWDEN, being duly sworn, deposes and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on September 12, 1968, your deponent posted a
copy of the attached notice of Public Hearing on an Ordinance
amending the Zoning Ordinance of the Town of Wappinger, on
the signboard maintained by your deponent in her office in
the Town Hall of the Town of Wappinger, Mill Street, in the
Village of Wappingers Falls, Town of Wappinger, Dutchess
County, New York. That such signboard is maintained by
your deponent in compliance with the provisions of Article
3, Section 30, Subdivision 6 of the Town Law of the State
of New York.
Elaine H. Snowden,
Town Clerk
Sworn to before me this Day
of 1968.
Notary Public
ROB ER N-10
NOTAR) PUi;IlC, STATS �'t 'i ��i Y0Hk
kS101 ��lrliY
;U N1 Mi 1Oti EXf h19b,
ii AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
BE IT RESOLVED AND ORDAINED by the Town Board of the
Town of Wappinger, Dutchess County, New York, pursuant to
ti the authority conferred by Article 16 of the Town Law of
the State of New York and also pursuant to Article 9 of the
Town Law, to the extent applicable, as follows:
The Town of Wappinger Zoning ordinance adopted January
29, 1963, as amended, is hereby further amended as follows:
Section 1: Section 416.031 is hereby amended to read
o as follows:
"Section 416.031: A building or structure, the use of
it
which does not conform to the use regulations for the district
in which it is situated, shall not be enlarged or extended
unless the use therein is changed to a conforming use; except
as permitted by the Zoning Board of Appeals as provided in
ii
Section 544,"
Section 2: Section 544 is hereby amended to read as
ii
follows:
"Section 544. Variance or adjustment.
Section 544.1 Where the strict application of any of
the requirements of the Ordinance in the case of an exception-
ally irregular, narrow, shallow or steep lot, or other
exceptional physical conditions, as a result of which strict
application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use
of land or building involved, and in such other instances as
provided in this Ordinance, but in no other case, the Zoning
Board of Appeals shall have the power, upon appeal, to vary
or adjust the strict application of the regulations or
provisions of this ordinance.
Section 544.1,1 In the case of an existing legally non-
conforming use in a residential area, the Zoning Board of
Appeals shall have the power, upon appeal, to permit an
existing non -conforming use to expand the size of the building
or
or structure or enlarge the building/structure provided that:
a) The existing use is a permitted use in the Local
Business (LB) district, as defined in the Zoning Ordinance.
b) The use meets or is made to meet the Local Business
(LB) district standards, as defined in Section 424, and the
proposed extension shall not further violate the yard or lot
requirement of such district, except that the front yard
requirement may be waived by the Zoning Board of Appeals.
c) The use is of a building or structure only, and any
activity in relation to the use is to be conducted solely
within the building or structure.
d) The proposed expansion is no greater than 50/ of the
square footage on the ground floor as the building or structure
existed as of the time the building or structure became non-
conforming.
e) Any non -conforming use so permitted shall require site
plan approval in accordance with Section 440.
Section 3. This amendment shall take effect immediately
upon adoption, posting and publication as prescribed by
Town Law.
Dated: Introduced July 2q, 1968, Special Meeting
Introduced by: Councilman Finnan
Seconded by: Councilman Clausen
Vote: Supervisor Diehl
Councilman Clausen
Councilman Finnan,
Councilman Mills
Councilman Heady
5►a
RECOMMENDATION WITH FULL STATEMENT OF REASONS _ r1VE:D
ZONING REFERRAL 68-75 - TOWN OF WAPP I NGER
Re: Change in Text re Non -conforming Uses
Pursuant to General Municipal Law, Sections 239-1 and 239-m, the Town Board for
fhe Town of Wappinger referred to the Dutchess County Planning Department a pro-
posal to amend the provisions of the Town of Wappinger Zoning Ordinance affect-
ing non -conforming uses in residential districts. Said general amendment af-
fects property lying within 500 feet of state and county highways as well as
municipal boundaries.
The Law requires the County Planning Department review and bring to the attention
of the agency having jurisdiction pertinent inter -community and county -wide con-
siderations involved in such zoning actions. Accordingly, the Department shall
"report its recommendations thereon'' and shall provide a "full statement of the
reasons for such recommendations."
ANALYSIS AND CONCLUSION
The proposed amendment adds phrases to Sections 416.031 and 544.1 and provides
for a completely new Section 544.1.1. This section gives the Board of Appeals
power to allow non -conforming local business uses existing in residential zones
special dispensation. Such facilities could be enlarged and expanded 50 percent
In ground floor area; when approved by the Board of Appeals; as long as the ex-
isting use was one allowed in LB Local Business Districts; and If it met the
standards of the LB District.
It becomes obvious in reading this amendment that the proposal seeks to handle
a special situation. Herein lies the fault. Introduction of this Section
544.1.1 Into the Town of Wappinger Zoning Ordinance would establish a precedent
for deteriorating the entire local zoning process through the adoption of special
procedures for specific problems. The "comprehensiveness" of the Ordinance would
then be lost as well as effective guidance over growth of the Town. if non-
conforming LB type land uses are to be allowed to expand, why not other non-
conforming uses?
A simpler and fairer way of providing for expansion could be used. This would be
to only amend 416.031 to read as follows:
"Section 416.031: A building or structure, the use of which does not con-
form to the use regulations for the district in which it is situated, may
be enlarged or extended up to 50 percent of the ground floor area as per-
mitted by the Zoning Board of Appeals."
i
Page 2
Zoning Referral 68-75
RECOMMENDATION
The Dutchess County Planning Department recommends disapproval of subject amend-
ment and consideration of an alternative that is comprehensive in nature.
The Dutchess County Planning Department does not presume to base its recommenda-
tion upon the legality or illegality of the facts or procedures enumerated in
said zoning action.
Dated: ugust 23, 968
Henry H issenbuttei, Commissioner
Dutchess County Planning Department
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297-9941
August 9, 1968
Town Board
Town of Wappinger
Wappingers Falls, New York
Gentlemen:
At its August 5th, 1968, meeting, the Town.of Wappinger
Planning Board reviewed the proposed amendments to the Town of
Wappinger Zoning ordinance in relation to non -conforming uses,
which you referred to them at your July 29th meeting.
A motion was made by Mr. Smith, seconded by Mr. Chrystie,
and unanimously carried, to recommend that the Town Board adopt
the proposed amendments to the Zoning Ordinance in relation to
non -conforming uses.
SJP:ja
r
Respectfully yours,
Susan J. Pike, cretary
Town of Wappinger Planning Board
Al
NOTICE OF PUBLIC HEARING
%SE TAKE NOTICE that the Town Board of the Town of
r will conduct a public hearing at the Town Hall,.
aet, Wappingers Falls, New York, on September 26,
8:00 o'clock P.M., to hear all persons concerning
ance amending the Zoning Ordinance of the Town of
r.
%L
Elaine H. Snowden,
Town Clerk
i
. i
AN ORDINANCE AMENDING.THE ZONING
ORDINANCE OY THE TOWN OF WAPPINGER
1
i
BE IT RESOLVED AND ORDAINED by the Town Board of the
Town of Wappinger, Dutchess County, New York, pursuant to
the authority conferred by Article 16 of the Town Law of
the State of New York and also pursuant to Article 9 of the
Town Law, to the extent -applicable, as follows:
The Town of Wappinger Zoning Ordinance adopted January
29, 1963, as amended, is hereby further amended as follows:
Section 1: Section 416.031 is hereby amended to read
as follows:
"Section 416.031: A building or structure, the use of
which does not conform to the use regulations for the district
in which it is situated, shall not be enlarged or extended
unless the use therein is changed to a conforming use; except
as permitted by the Zoning Board'of•Appeals as provided in
Section 544."
Section 2: Section 544 is hereby amended to read as
I , 'follows:
"Section 544. Variance or adjustment.
Section 544.1 Where the strict application of any of
the requirements of the Ordinance in the case of an exception-
ally irregular, narrow, shallow or steep lot, or other
exceptional physical conditions, as a result of which strict 1
i
application would result in practical difficulty or unnecessary'
hardship that would deprive the owner of the reasonable use
of land or building involved, and in such other instances as
provided in this Ordinance, but in no other case, the Zoning
Board of Appeals shall have the power, upon appeal, to vary
'Section 544.1.1 in the case of an existing legally non-
conforming use in a residential area, the Zoning Board of
Appeals shall have the power, upon appeal, to permit an
existing non -conforming use to expand the size of the building
or
or structure or enlarge the building/structure provided that:
a) The existing use is a permitted use in the Local
Business (LB) district, as defined in the Zoning Ordinance.
b) The use meets or is made to meet the Local Business
i
A
(LB) district standards, as defined in Section 424,.and the
proposed extension shall not further violate the yard_or lot
requirement of such district, except that the front yard
requirement may be waived by the Zoning Board of Appeals.
i
c) The use is of a building or structure only, and any -
activity in relation to the use is to be conducted solely
within the building or structure.
d) The proposed expansion is no greater than 50% of the
square footage on the ground floor as the building or structure
existed as of the.time the building or structure became non-
conforming.
e) Any non -conforming use so permitted shall require site
plan approval in accordance with Section 440.
Section 3.. This amendment shall take effect immediately
upon adoption, posting and publication as prescribed by
Town Law. I
Dated: Introduced July 2q, 1968, Special Meeting
Introduced by: Councilman Finnan
Seconded by: Councilman Clausen 1
0
i
;i
f'
S TATE OF NEW YORK )
ss:
'!COUNTY OF DUTCHESS )
i
i'
ELAINE H. SNOWDEN, being duly sworn, deposes and says;
That she is the duly elected, qualified and acting
E:
±Town Clerk of the Town of Wappinger, County of Dutchess
i
land State of New York, and that she did on October 3, 1968
!;post a copy of the attached Amendment to the Town of Wappinger
JZoning Ordinance, which was duly adopted by the Town Board of the
;!Town of Wappinger on the 26th day of September, 1968 on the
!signboard maintained by your deponent in her office in the Town
!i
Hall of the Town of Wappinger, Mill Street, in the Village of
!I
�WaPPin ers Falls Town of Wappinger, Dutchess County, New York,
j'pursuant to Subdivision 6 of Section 30 of Town Law, and that
i;
�I
1said copy of such Ordinance have remained so posted from said
!October 3, 1968, through and including October 14, 1968.
i` Sworn to before me this !` day
of _ti 19( `
tary Public
Elaine H. Snowden
Town Clerk