UntitledPROPOSED AMENDMENTS
Zoning Ordinance
Town of Wappinger N.Y.
August 22, 1990
prepared by
Raymond H. Arnold, AICP
Planning Consultant
for
Town of Wappinger Town Board
Amend Article II, Section 220 Definitions, by adding the following in the
appropriate alphabetical order:
DAY CARE CENTER - A structure, together with the necessary surrounding lands,
which contains a program providing care for three or more children away from
their home for more than three (3) hours per day, excluding those children
receiving FAMILY DAY CARE as defined in this section. The term day care center
shall not refer to (i) a day camp; (ii) an after school program operated for the
primary purpose of religious education; (iii) a facility operated by a public
school district.
FAMILY DAY CARE HOME - A structure, together with the necessary surrounding
lands which contains a program providing care for at lease three but not more
than 6 children away from their home for more than three hours per day. A FAMILY
DAY CARE HOME as defined herein is generally operated in an existing residential
structure, by a resident thereof and is subject to licensing by the New York
State Department of Social Services.
NURSERY SCHOOL - A place, building or structure which contains a program
providing care for 3 or more children, from 2 to 5 years of age inclusive, away
from their home for three hours or less per day.
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ARTICLE III. ESTABLISHMENT OF DISTRICTS
Section 300. Classes of Districts
The Town of Wappinger is hereby divided into the following
classes of districts:
R80 - 1 Family Residence District
R40/80 - 1 Family Residence District
R40 - 1 Family Residence District
R20/40 - 1 Family Residence District
R20 - 1 Family Residence District
R15 - 1 Family Residence District
R10 - 1 Family Residence District
R2F - 2 Family Residence District
RMF -3 - Multi -Family Residence District
RMF -5 - Multi -Family Residence District
PUD - Planned Unit Development District
MU - Mixed Use District
HD - Highway Design District
NB - Neighborhood Business District
GB - General Business District
SC - Shopping Center District
HB - Highway Business District
HO - Highway Office District
CC - Conservation Commercial District
COP - Conservation Office Park District
HM - Hamlet Mixed Use District
AI - Airport Industry District
PI - Planned Industry District
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Section 305 Rational/Intent of various district designations.
305.1 Rational for SINGLE-FAMILY RESIDENTIAL CATEGORIES ON PROPOSED ZONING MAP
R - 80: Sensitive areas to be developed only at low density, without
central sewers, because of their scenic values, slopes or wetlands
and floodplain complexes. Rigorous scenic buffers should be
required along the Hudson River sites.
R - 40/80 Areas outside of the currently proposed regional municipal sewer
service area, which should be developed at R - 80 if that area is
not extended to them, but which should be permitted a density of
R-40 if a link is made to the regional municipal (or other system
consistent with the Town sewer and water plan). These areas are not
as environmentally sensitive as the R-80, and in western Wappinger
tend to be surrounded by existing higher densities.
R-40: These zones cover either existing developed areas outside the
proposed regional sewer system service area, areas within the
proposed regional sewer system service area, or small undeveloped
tracts in transitional areas adjacent to higher density
developments (such as Chelsea). If within the proposed sewer
service area, these sites should only be developed if tie-ins to
the regional system are provided.
R-20/40 Areas within the sewer service area that have either already been
developed at this density or, because of their proximity to Route
9, the Village of Wappingers Falls, or other higher density areas,
are appropriate sites for R-20 densities as long as they connect to
the regional sewer system.
R-20: Areas that have already been fully developed at this overall
density.
R-15: Existing R-15 areas that have been developed at this overall
density.
R-10: Existing R-10 areas that have been developed at this overall
density.
305.2 Intent of mapping various non-residential districts:
CC- Conservation Commercial:
Intent: To permit commercial use of strategically located sites that have
sensitive environmental features (wetlands, floodplains, steep slopes along
stream corridors) at densities and under performance standards that will
preserve those resources. No filling or building construction shall be permitted
in wetlands areas, 100 -year flood plains, or stream corridors and ravines in
this zone.
COP - Conservation Office Park
Intent: To permit office/research use of strategically located sites that have
sensitive environmental features (wetlands, floodplains, steep slopes along
stream corridors) at densities and under performance standards that will
preserve those resources. To encourage development of such areas in campus -style
facilities, with access to major highway routes. To provide for more diverse
employment opportunities in the Town. No filling or building construction shall
be permitted in wetlands areas, 100 -year floodplains, or stream corridors and
ravines in this zone.
HM - Hamlet Mixed Business
Intent: To preserve the historical character, concentrated development pattern,
and mixture of uses in existing commercial hamlets particularly Hughsonville &
Swartoutville, by encouraging restoration, re -use, and visual improvement of
existing structures.
MU - Mixed Use District
Intent: To encourage the limited development of mixed use nodes of commercial
and residential development in a "village green" type setting, in order to
increase the availability of moderate priced rental housing, allow a limited
increase in neighborhood commercial services and reduce traffic congestion on
major roads.
HD - Highway Design District
Intent : to encourage landowners and developers to help improve the function of
the Route 9 corridor by allowing an increased density for lots over 5 acres,
provided that access points to Route 9 are minimized. The uses are similar to
those allowed in the HO - Highway Office District, designed to discourage
automotive uses and strip retail development, and encourage development of
office uses that can help diversity the town's economic base.
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' 310. Zoning Map
Said district are bounded and defined as shown on the map titled,
"Zoning Map of the Town of Wappinger, New York," prepared by Raymond H.
Arnold, Planning Consultant, dated July 31, 1990, which map, with all
the explanatory matier thereon, is hereby made a part of this
Ordinance.
320. Interpretation of District Boundaries
Where uncertainty exists as to the locations of any boundaries shown on
the Zoning Map, the following rules shall apply:
321. District boundary lines are intended to follow lot lines or the
center line of streets, rights-of-way, or water courses, or be parallel
or perpendicular thereto, unless such district boundary lines are
indicated by dimensions show on the zoning map.
322. Where district boundary lines divide a lot or unsubdivided
property the location of any such boundary, if not indicated by
dimensions, shall be determined by the use of the map scale appearing
thereon.
323. Where such boundaries are indicated as approximately following
the property lines of parks, or other large public holdings, such lines
shall be construed to be such boundaries.
324. Where district boundaries are so indicated that they
approximately follow the edge of lakes, ponds, reservoirs or other
bodies of water the mean high water lines thereof shall be construed to
be the district boundaries, except that the regulations of the most
restrictive district on the edge of such a body of water shall apply to
the area within the mean high water line and the body of water thereof.
325. Any boundary extending into the Hudson River or other bodies of
water bordering the Town shall be deemed to extend to the boundary of
the Town, unless otherwise indicated.
326. If the district classification of any land is in question, it
shall be deemed to be in the most restrictive adjoining district.
330. Lots in Two or More Districts or Municipalities
Where a lot is divided by one or more zoning district or municipal
boundary lines, each portion of such lot, and any building or land use
established thereon, shall comply with the regulations of the district
in which it is located.
340. Order of Restrictiveness
For purposes of these regulations, where residence districts are
referred as "more restrictive" or "less restrictive", the designation
shall refer the order in which residence districts are set forth in
Section 300, the first named being the most restrictive.
Section 411.82
411.82 - Exemptions (1990 Amendments): In consideration of the
efforts and expenditures made in furtherance of applications to
the Planning Board for site plan approval or subdivision approval
prior to August 27, 1990, together with consideration of the
concerted actions of the Town Board to revise the present Zoning
Ordinance to conform with the Comprehensive Plan adopted on
August 8, 1988, and in further consideration of the pending
construction of public sewers to serve various sections of the
Town, which construction was considered by the Planning Board in
granting a number of preliminary subdivision approvals,
applications for site plan approval or subdivision approval
presently pending before the Planning Board of the Town of
Wappinger shall be exempt from the amendments adopted by Local
Law No. of 1990, as follows:
(a) Applications for site plan approval shall be
exempt on the following conditions:
(1) The Planning Board has adopted a Motion/
Resolution granting final site plan approval
prior to August 27, 1990;
(2) The Planning Board has adopted a
Motion/Resolution issuing a Negative
Declaration of Significance prior to August
27, 1990;
(3) The applicant has submitted a Draft
Environmental Impact Statement and the
Planning Board has adopted a
Motion/Resolution accepting the DEIS as
complete prior to August 27, 1990.
(b) Applications for subdivision approval shall
be exempt on the following conditions:
(1) The Planning Board has adopted a Motion/
Resolution granting preliminary
subdivision prior to August 27, 1990;
(2) The Planning Board has adopted a Motion/
Resolution issuing a Negative
Declaration of Significance prior to
August 27, 1990;
(3) The applicant has submitted a Draft
Environmental Impact Statement and the
Planning Board has adopted a
Motion/Resolution accepting the DEIS as
complete prior to August 27, 1990.
(c) For the purposes of this Section only, and
to the extent that this Section is
inconsistent with Town Law Sections 265-a,
274-a, 276, 277 or any other provision of
Article 16 of the Town Law, the provisions of
this Local Law expressly intends to and
does hereby supercede any such inconsistent
provisions.
Section 411.82
411.82 - Exemptions (1990 Amendments): In consideration of the
efforts and expenditures made in furtherance of applications to
the Planning Board for site plan approval or subdivision approval
prior to August 27, 1990, together with consideration of the
concerted actions of the Town Board to revise the present Zoning
Ordinance to conform with the Comprehensive Plan adopted on
August 8, 1988, and in further consideration of the pending
construction of public sewers to serve various sections of the
Town, which construction was considered by the Planning Board in
granting a number of preliminary subdivision approvals,
applications for site plan approval or subdivision approval
presently pending before the Planning Board of the Town of
Wappinger shall be exempt from the amendments adopted by Local
Law No. of 1990, as follows:
(a) Applications for site plan approval shall be
exempt on the following conditions:
(1) The Planning Board has adopted a Motion/
Resolution .granting final site plan approval
prior to August 27, 1990;
(2) The Planning Board has adopted a
Motion/Resolution issuing a Negative
Declaration. of Significance prior to August
27, 1990;
(3 ) The applicant has submitted a Draft
Environmental Impact Statement and the
Planning Board has adopted a
Motion/Resolution accepting the DEIS as
complete prior to August 27, 1990.
(b) Applications for subdivision approval shall
be exempt on the following conditions:
(1) The Planning Board has adopted a Motion/
Resolution granting preliminary
subdivision prior to August 27, 1990;
(2) The Planning Board has adopted a Motion/
Resolution issuing a Negative
Declaration of Significance prior to
August 27, 1990;
(3) The applicant has submitted a Draft
Environmental Impact Statement and the
Planning Board has adopted a
Motion/Resolution accepting the DEIS as
complete prior to August 27, 1990.
(c) For the purposes of this Section only, and
to the extent that this Section is
inconsistent with Town Law Sections 265-a,
274-a, 276, 277 or any other provision of
Article 16 of the Town Law, the provisions of
this Local Law expressly intends to and
does hereby supercede any such inconsistent
provisions.
411.8 Lots Made Non -Conforming by Future Amendment
411.81 When and where the required area or dimensions of lots may
be changed by future amendment of this Ordinance, any legal
lot existing at that date and made non -conforming by such
amendment, may be built upon subject to the limitations
contained in Section 411.7 herein.
411.82 Exemptions: In consideration of the efforts put forth by
applicants currently actively processing applications before the Planning
Board, conforming to provisions of the existing ordinance together with the
consistent & concerted actions by the Town Board to revise the present
ordinance into conformance to the adopted Comprehensive Plan, and in further
consideration of the necessary lead time for provision of public sewering in
the various sections of the Town, the following applications are declared
exempt from the provisions of the proposed amendments for a period of one year
from the effective date of adoption of the amendments:
Subdivisions: PRELIMINARY PLATS approved prior to August 27, 1990
Site Plans: Application on or after February 27, 1990
and
a Negative Declaration adopted prior to August 27, 1990
or a DEIS accepted for Completeness prior to August 27, 1990.
411.83 The exemptions listed in Section 411.82 are valid, not
withstanding contrary provisions of Section 265a of the Town Law which this
Section 411.82 supersedes to the extent that same is inconsistent.
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416.62 Permanently Mounted Free Standing Signs
Not more than one (1) free standing sign, mounted
in such manner as to constitute a permanent fixed
installation, no taller than ten (10) feet, composed
of no more than two (2) back—to—back faces, along
each street on which the lot abuts, shall be allowed
provided that the aggregate area of each such sign
shall not exceed one (1) square foot for each linear
foot of building facing the street or twenty—five
(25) square feet, whichever is smaller. A corner lot
shall be allowed one (1) free standing sign of such
design or construction so as to be viewed from more
than one direction. A free standing sign shall not
be located closer than twenty—five (25) feet from
any front, side or rear lot line.
One additional sign, of similar dimension, shall be
allowed in the case of commercial development
consisting of two structures separated by at least 25
feet and located more than 125 feet from the front
lot line.
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Section 420. District Regulations
420.1 The following sections lists and defines the uses of land and
buildings, the height of buildings, the yards and other open spaces to be
provided contiguous to or in connection with buildings, the area of lots,
maximum densities allowed and other matters for the districts established by
this chapter. The regulations listed for each district, unless otherwise
indicated, shall be deemed to be the minimum requirements in every instance of
their application.
420.2 It is the intention that the uses set forth for each district shall
not be permitted uses in following districts, unless allowed specifically or
by reference as permitted uses in said following district. Only those uses
listed for each district as being permitted shall be permitted. Uses not
listed specifically or by reference as being permitted in a district shall be
deemed a nonpermitted use in that district
421. Schedule of Regulations for Residential Districts
(Attached)
422. Schedule of Regulations for Non -Residential Districts
(Attached)
�6ectlon 421 - Residential Zones - Use and Bulk Regulations
421.1 Permitted by Right - Single Family Residential Zones
R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-10
The following uses are allowed by right as Permitted Principal Uses:
I. One Family detached dwellings, not to exceed one dwelling on
each lot.
2. Buildings, structures and uses, with the exception of
garages & dumps, owned or operated by the Town of Wappinger,
or any other governmental entity or district.
3. Public Schools
Family Residential Zones
A-80; R-40/80; R-40; R-20/40; R-20; R-15; R-10
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Places of worship, including parish houses and religious
schools (Section 446.801)
2. Colleges; private schools (Section 446.802)
3. Not-for-profit libraries and/or museums (Section 446.803)
4. Farm and/or nursery uses, including accessory farm produce
stand and/or greenhouse, (Section 446.601).
5. Temporary outdoor stands for the sale and display of field and
garden crops grown on the premises (Section 446.804).
6. Guest House and/or Caretakers cottage (Section 446.806)
(on lots of at least 10 acres)
7. Temporary Structures (Section 415.31).
8. Nursing and/or convalescent homes, (Section 446.809)
NOT INCLUDING INSTITUTIONS FOR THE MENTALLY ILL
OR FACILITIES FOR THE TREATMENT OF DRUG OR ALCOHOL ADDICTION.
9. Riding academies, stables, animal hospitals, and dog kennels,
ON LOTS OF A LEAST 10 ACRES. (Section 446.810)
10. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL,
(Section 442).
11. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443)
12. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN
BOARD APPROVAL
13. Landfilling, regrading, and removal of earth material, SUBJECT TO
TOWN BOARD APPROVAL, (Section 441).
14. Public utilities, including transmission and distribution lines
15. Private, community or fraternal recreation clubs (Section 446.807).
16. Recreation use development, including swimming, racquet sports,
health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD
APPROVAL (SECTION 426).
17. Accessory Apartments, incidental to the permitted main use
(Section 445)
18. Temporary Housing unit (such as ECHO)
incidental to the permitted main use (Section 446.805).
19. Office use, of a Professional, technical and/or personal service
nature, in a residential structure when conducted by a resident
thereof (Section 446.501).
20. Studio use, for an artist, music and/or dance teacher, in a
residential structure when conducted by a resident thereof
(Section 446.501).
21. Bee keeping (Section 424).
22. Conversion of an existing dwelling built prior to 1962
and having a usuable floor area of not less than 3,000 square feet
for a two-family or multi -family residence (Section 446.701)
23. Private camps for seasonal residents (Section 446.808)
24. Storage of more than ONE auto trailer, unoccupied mobile home
trailer, boat, or other unregistered vehicle,
PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS EFFECTIVELY
SCREENED FROM ADJOINING PROPERTIES
SUCH STORAGE AREA SHALL COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR
BUILDINGS, BUT IN NO CASE SHALL IT BE PERMITTED IN THE FRONT YARD.
25. Bus passenger shelter
26. Family Day Care Home (Section 446.819).
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Section 421.3 - Permitted Accessory Uses - Single Family Residential Zones
R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-10
The following uses or structures customarily incidental to any permitted
principal use are allowed in the listed Single -Family Residential zones, subject
to the requirements/conditions set forth in the noted sections, provided that
such accessory use shall:
NOT INCLUDE ANY ACTIVITY COMMONLY CONDUCTED FOR GAIN (EXCEPT AS
HEREINAFTER EXCEPTED)
NOR ANY PRIVATE (WALK OR) WAY GIVING ACCESS TO SUCH ACTIVITY, unless such
"way" is shown on a Site Plan of Development approved by the "Approving
Authority".
Accessory buildings may not be erected on the lot prior to the erection of
the principal building
1. "Home Occupation" as defined in Section 200
2. Off-street parking facilities for the use of residents of the premises and
their guest in accordance with Section 470
3. Signs as provided in Section 416
4. The renting of rooms to not more than two persons not members of the
resident family.
5. Storage of ONE each auto trailer, one unoccupied recreational vehicle, one
boat, or other single unregistered vehicle,
PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS
EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES SUCH STORAGE AREA SHALL
COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN NO
CASE SHALL IT BE PERMITTED IN THE FRONT YARD.
6. Swimming pools or other accessory recreational facilities for the use of the
residents of the premises and their guests as regulated in Section 413.5.
7. Garden house, pool house, play house or greenhouse incidental to the
residential use of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT ANY
SUCH STRUCTURE COMPLIES WITH ALL YARD AND SETBACK REQUIREMENTS FOR BUILDINGS.
8. The keeping of horses and/or farm animals, properly restrained, for the use
of residents and their guest, ON A LOT OF AT LEAST FOUR (4) ACRES, PROVIDED:
a. NOT LESS THAN TWO (2) ACRES OF PASTURE LAND IS AVAILABLE FOR EACH
ANIMAL, except that the off -spring of an animal may be kept with its mother
for a period not to exceed one (1) year.
b. All animal feed is stored in rodent -proof containers.
9. Private kennel, on a lot of at least two (2) acres
10. Not more than 2 electronic (radio) receiving/transmitting towers in
accordance with Section 414
11. Satellite Dish Antenna in accordance with the provisions of Section 415.4
Section 421.4 Two -Family Residential Zones
R2F
The following uses are allowed by right as Permitted Principal Uses:
1. One Family detached dwellings, not to exceed one dwelling for each
15,000 sf of lot area.
2. Two Family detached dwellings at a density of 4 (density) units per acre
3. Buildings, structures and uses, with the exception of garages & dumps,
owned or operated by the Town of Wappinger, or any other
governmental entity or district.
4. Public Schools
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
I. Places of worship, including parish houses and religious schools
(Section 446.801)
2. Colleges; private schools (Section 446.802)
3. Not-for-profit libraries and/or museums (Section 446.803)
4. Farm and/or nursery uses, including accessory farm produce stand and/or
greenhouse, (Section 446.601).
5. Temporary outdoor stands for the sale and display of field and
garden crops grown on the premises (Section 446.804).
6. Guest House and/or Caretakers cottage (Section 446.806)
(on lots of at least 10 acres)
7. Temporary Structures (Section 415.31).
8. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL,
(Section 442).
9. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443)
10. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN
BOARD APPROVAL
11. Landfilling, regrading, and removal of earth material, SUBJECT TO
TOWN BOARD APPROVAL, (Section 441).
12. Public utilities, including transmission and distribution lines
13. Private, community or fraternal recreation clubs (Section 446.807).
14. Recreation use development, including swimming, racquet sports,
health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD
APPROVAL (Section 426)
permitted accessory use
1. Single family dwelling unit incidental to permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
/417
Section 421.5 Multi -Family Residential Zones
RMF -3; RMF -5
The following uses are allowed by right as Permitted Principal Uses:
1. One Family detached dwellings, not to exceed one dwelling for each
15,000 sf of lot area.
2. Two or multi -family dwellings at the maximum density allowed in
Section 421.5
3. Buildings, structures and uses, with the exception of garages & dumps,
owned or operated by the Town of Wappinger, or any other
governmental entity or district.
4. Public Schools
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
I. Places of worship, including parish houses and religious schools
(Section 446.801)
2. Colleges; private schools (Section 446.802)
3. Not-for-profit libraries and/or museums (Section 446.803)
4. Farm and/or nursery uses, including accessory farm produce stand and/or
greenhouse, (Section 446.601).
5. Temporary outdoor stands for the sale and display of field and
garden crops grown on the premises (Section 446.804).
6. Guest House and/or Caretakers cottage (Section 446.806)
(on lots of at least 10 acres)
7. Temporary Structures (Section 415.31).
8. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL,
(Section 442).
9. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443)
10. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN
BOARD APPROVAL
11. Landfilling, regrading, and removal of earth material, SUBJECT TO
TOWN BOARD APPROVAL, (Section 441).
12. Public utilities, including transmission and distribution lines
13. Private, community or fraternal recreation clubs (Section 446.807).
14. Recreation use development, including swimming, racquet sports,
health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD
APPROVAL (Section 426)
permitted accessory use
1. Single family dwelling unit incidental to permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1.
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Section 421.46 BULK REGULATIONS
ALL RESIDENTIAL DISTRICTS
Town of
Wappinger`NY
DISTRICT:
R80
R40/80
R40
R20/40
R20
R15
RIO
R-2F
RYIF-3
note (A)
note (A)
RMF-5.
REGULATION
Minimum lot size:
Area (sq £t unless noted)
with public water 6 sewer
with public water or sewer
80,000
40,000
60,000
40,000
20,000
20,000
15,000
10,000
/S,oeo
15,000
15,000.
w/o public water b sewer
80,000
30,000
40,000
15 ac.
10 ac.
15 ac.
10 ac.
Width (feet)
Depth (feet)
200
200
(A)
(A)
125
(A)
100
85
s
100
100
125
(A)
125
100
80 s
/ao
150
] 50
Maximum Density Units/acre
-
-
-
3
5
Minimum Yard (feet)
Front
County/State highway
75
75
75
75
c/1 street
75
75
75
75
75
60
75
75
70'
75
75
from front lot line
50
50
50
50
60
40
Zo
75
75
35
35
15
g.
ZS
50
50
Side
40
40
25
25
20
15
12
/S
50
25
accessory building
less than 15 ft
in height
10
10
10
10
10
5
S
5
10
10
Rear
50
50
50
50
40
30
25
3w
50
50
accessory building
less than 15 ft
in height
10
10
10
10
10
5
5
S
10
]0
Maximum Building Height:
Stories
Height (feet)
2.5
35
2.5
2.5
2.5
2.5
2.5
2.5
2.5,
3
3
35
35
35
35
35
35
3S
35
35 .
Maximum Building Coverage (6)
10
10
12
12
15
20
25
20
10
15 .
Floor Area Ratio:
-
_
-
-
-
-
4.3
0.3
0.45
ADDITIONAL Notes/Requirements:
Plans of development
in all
districts
must conform to the following
sections:
Section 419 (Wetlands
Section 460 (Flood
6 Steep
Prone Area)
Slopes); Section
470 (Off-street
Parking b
Loading);
Section 415.2
(Buffer Areas);
(A) The purpose of these district is to allow the development at a
higher density when public (or common) sewer and/or water supply is used.
The following lot widths and yard requirements are required*
lot Front Side Rear
width yard yard yard
Lot size (feet) (feet) (feet) (feet)
sq. ft)
80,000
200
50
40
50
60,000
150
50
30
50
40,000
125
50
25
50
30,000
115
40
20
45
20,000
100
35
20
40
1-4—
Section 422.1
NB - NEIGHBORHOOD BUSINESS
The following uses are permitted by right as Permitted Principal Uses; subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structuVes and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood or
community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, serving the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Public Garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale Recreational uses. Subject to approval by Town Board.
5. Conversion of existing large residential structure (Section 446.701)
permitted accessory use
1. Single family dwelling unit incidental to, and located in the same
structure as the permitted use.
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
14
Seetion 422.2
GB - GENERAL BUSINESS
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood or
community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, serving the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Public Garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale recreational uses, Subject to approval by Town Board
5. Conversion of existing large residential structure (Section 446.701)
6. Contractor's lumber supply yard/wholesale lumber sales, on sites of 8
acres or more (Section 446.813).
7. Motel (Section 446.814)
permitted accessory use
1. Single family dwelling unit incidental to, and located within the same
structure as, the permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
17
Sertion 422.3
HB - HIGHWAY BUSINESS
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Day care center/day nursery (Section 446.811)
4. Library, museums, art gallery (Section 446.803)
5. Professional, banking, business or governmental office
6. Stores and shops for the conduct of retail business
7. Restaurant or other places serving food or beverages including "fast
food establishments" with a "drive-thru facility", on a lot of at
least 2 acres.
8. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, serving the public
directly.
9. Funeral homes (Section 446.810)
10. Theaters
11. Health, exercise or swim club
12. Conversion of existing large residential structures (Section 446.701)
13. Veterinarian's office or hospital facilities without outdoor kennels
14. Temporary Outdoor sales, in accordance with Section 446.804
15. Laundry or dry cleaning establishments serving commercial businesses.
16. Warehousing, on a minimum lot of 2 acres
17. Printing plants.
18. Transportation terminals on a minimum lot of 2 acres
r
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
I. Public Garages (Section 444)
2. Gasoline filling stations (Section 444)
3. Motor vehicle dealership, (Section 446.812)
4. Used car automobile sales lot (Section 446.815)
5. Motor vehicle repair and service in fully enclose buildings (Section
446.816)
6. Private, community or fraternal recreation clubs (Section 446.807)
7. Recreational uses (SUBJECT TO TOWN BOARD APPROVAL Section 426) - not
listed by right including:
Recreational use development, such as swimming, racquet sports,
health clubs, skating rinks etc.;
Places of amusement, billiard parlors, bowling alleys,
discotheques, etc.
8. Mobile home parks APPROVAL BY TOWN BOARD (Section 443)
9. Outdoor kennels, and/or animal hospitals (with veterinarian's office) on
lots of 2 or more acres. (Section 446.817)
10. Design Residential Use Development SUBJECT TO TOWN BOARD APPROVAL
(Section 442)
11. Hospitals & Clinics
12. Storage and sale of building materials, plumbing, electrical and
similar contractors establishments, provided any outdoor storage is
suitably screened from streets and adjoining properties in accordance
to a plan approved by the planning board.
13. Manufacturing, fabricating, finishing or assembling of products for
retail sale where goods so produced or processed are to be sold on the
premises, provided that no more than 10 workers are engaged in such
production or processing.
14. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot
area per guest sleeping room & rooms no smaller than 300 sf.
15. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
16. Self -storage rental warehousing.
permitted accessory use
I. Single-family dwelling unit incidental to, and located within the
structure as, the permitted use
2. Any accessory building or use customarily incidental to a permitte,
3. Off-street parking areas in accordance with the provisions of Sect
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
same
use
470
/9
' Section 422.4
SC - SHOPPING CENTER
note: Multiple attached or detached uses are permitted in this District
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Day care center/day nursery (Section 446.811)
4. Library, museums, art gallery (Section 446.803)
5. Professional, banking, business or governmental office
6. Stores and shops for the conduct of retail business
7. Restaurant or other places serving food or beverages
8. Personal service business, such as, but not limited to, copy center,
hairdressers, shoemakers, tailors or cleaners, serving the public directly.
9. Theater, health, exercise or swimming club,
10. Temporary Outdoor sales, In accordance with the provisions of Section
446.804.
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Hospitals & Clinics
2. Private, community or fraternal recreation clubs (SECTION 446.807)
3. Recreational uses, (SUBJECT TO TOWN BOARD APPROVAL) not listed by right
including:
Recreation use development, such as swimming, racquet sports, health
clubs, skating rinks etc.;
Places of amusement, such as, billiard parlors, bowling alleys,
discotheques, etc.
4. Designed Residential Use Development (SUBJECT TO TOWN BOARD APPROVAL
Section 442)
5. Sewage collection system & treatment facilities; Water supply and
distribution facilities; (SUBJECT TO TOWN BOARD APPROVAL)
6. Motor vehicle, repair and service in fully enclosed buildings (Section
446.816).
permitted accessory use
I. Single-family dwelling unit incidental to a permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
0:?o
Section 422.5
HO - HIGHWAY OFFICE
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Executive and administrative offices for business, governmental or
professional use.
2. Buildings, structures and uses owned or operated by the Town of
Wappinger, or any other governmental entity or district.
3. Service uses ancillary to office uses, such as copy center, office
supply, blueprinting.
4. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
5. Day care center/day nursery (Section 446.811)
6. Library, museums, art gallery (Section 446.803)
7. Professional, banking, business, governmental or other offices.
8. Stores and shops for the conduct of retail business (containing a
minimum of 1000 sq ft/unit)
9. Restaurant or other places serving food or beverages (EXCLUDING "fast
food establishments" with a "drive-thru facility").
10. Funeral homes (Section 446.810)
11. Theaters
12. Veterinarian's office or hospital facilities without outdoor kennels
13. Warehousing (not self -storage).
14. Printing plants, printing & publication facilities (Section 446.818)
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Designed Residential Use Development (Special use permit by Town Board,
subject to Section 442)
2. Sewage Treatment Plants or water supply facilities (Special use permit
by Town Board)
3. Public utilities, including transmission and distribution lines.
4. Private, community or fraternal recreation clubs (Section 446.807).
5. Recreation use development, including swimming, racquet sports, health
clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE
TOWN BOARD (subject TO SECTION 426).
6. Mobile home parks APPROVAL BY TOWN BOARD (Section 443)
7. Hospitals & Clinics
8. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot
area per guest sleeping room & rooms no smaller than 300 sf.
9. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
Permitted accessory use:
1. Single-family dwelling unit incidental to, and located within the same
structure as, a permitted use.
2. Any accessory building or use customarily incidental to a permitted use.
3. Off --street parking and loading areas in accordance with the provisions
of Sect 470.
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.6
CC' - CONSERVATION COMMERCIAL
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
3. Professional, banking, business or governmental office, not exceeding
10,000 sq ft in total area.
4. Stores and shops for the conduct of retail business of a neighborhood or
community nature, not exceeding 6,000 sq ft.
5. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
6. Personal service business, such as, but not limited to, copy centers,
hairdressers, shoemakers, tailors or cleaners, serving the community
directly.
7. Funeral homes (Section 446.810)
8. Day care center/day nursery (Section 446.811)
9. Library, museums, art gallery (Section 446.803)
10. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Public Garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444
3. Private, community or fraternal recreation clubs (Section 446.807)
4. Neighborhood scale recreational uses. Subject to approval by Town Board
5. Conversion of existing large residential structure (Section 446.701)
6. Motor Vehicle Dealership, on sites of 8 acres or more (Section 446.812).
7. Medical Clinic
8. Motor vehicle service & repair, in fully enclosed buildings (Section
446.816)
9. Sewage collection & treatment system; Water supply & distribution system
TOWN BOARD APPROVAL
10. Electrical transmission lines
11. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
permitted accessory use
1. Single family dwelling unit incidental to, and located within the same
structure as, the permitted use
2. Any accessory building or use customarily incidental to a permitted use
3. Off-street parking areas in accordance with the provisions of Sect 470
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
Section 422.7
COP - CONSERVATION OFFICE PARK
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Executive and administrative offices for business, governmental or
professional use.
2. Office Park Ancillary Uses:
a. Any accessory building customarily incidental to permitted
use
b. Off-street parking and loading areas in accordance with
sect 470.
c. Signs
d. Storage/maintenance motor vehicles etc.
e. Training school for employees
f. Lodging
g. Central heating & power
h. Eating facilities
i. Recreational facilities.
3. Day care facilities primarily serving the Conservation Office Park
(Section 446.811).
4. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
5. Warehousing (not self -storage).
6. Retail sales, primarily serving the Conservation Office Park.
7. Farm uses, farm produce stand, nursery or greenhouse, (Section 446.601)
9. Temporary stands for the sale and display of field and garden crops
grown on the premises (Section 446.804).
10. Private schools & colleges (Section 446.802).
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
2. Scientific research, engineering or design laboratories.
3. Designed Residential Use Development (Special use permit by Town Board,
subject to Section 442)
4. Manufacturing, assembling, or processing of goods, provided that all
equipment, materials and all activities shall be stored in fully enclosed
buildings.
5. Sewage Treatment Plants or water supply facilities (Special use permit
by Town Board)
6. Public utilities, including transmission and distribution lines.
7. Private, community or fraternal recreation clubs (Section 446.807).
8. Recreation use development, including swimming, racquet sports, health
clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN
BOARD (SECTION 426).
Permitted accessory use:
1. Single-family dwelling unit incidental to a permitted use
2. Any accessory building or use customarily incidental to a permitted use.
3. Off-street parking and loading areas in accordance with the provisions
of Sect 470.
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
23
Section 422.8
HM - HAMLET MIXED BUSINESS
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. One family detached dwelling not to exceed one dwelling on each lot.
2. Two or three-family dwellings (Section 446.701).
3. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
4. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
5. Private school (Section 446.802).
6. Professional, banking, business or governmental office, not exceeding
4,000 sq ft in total area, nor 2,000 sq ft/floor.
7. Stores and shops for the conduct of retail business of a neighborhood or
community nature, not exceeding 2,000 sq ft in total area.
8. Restaurant or other places serving food or beverages, but not including
"fast food establishments" with a "drive-thru facility".
9. Personal service business, such as, but not limited to, copy centers,
hairdressers, shoemakers, tailors or cleaners, serving the community
directly.
10. Library, museums, art gallery (Section 446.803)
11. Temporary Outdoor Sales, in accordance with the provisions of Section
446.804.
12. Craft/artisan studio and/or shop.
13. Funeral homes (Section 446.810)
14. Day care center/day nursery (Section 446.811)
15. Conversion of existing large residential structure (Section 446.701)
16. Bed & Breakfast establishment
17. Agricultural uses.
18. Theater
The following uses are allowed by Special Permit of the Planning Board, except
as noted, under the provisions of Section 430 & 440, and subject to the
additional requirements/conditions set forth in the noted section:
1. Public garage subject to the provisions of Section 444.
2. Gasoline filling station subject to the provisions of Section 444.
3. Motor vehicle service & repair in fully enclosed buildings (Section
446.812)
4. Private, community or fraternal recreation clubs (Section 446.807)
5. Neighborhood scale recreational uses. Subject to approval by Town Board
6. Medical clinic
7. Sewage collection & treatment system; Water supply & distribution system
TOWN BOARD APPROVAL
8. Electrical transmission lines
9. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
10. Accessory apartments, incidental to main use (Section 445).
11. Temporary housing unit (such as ECHO) incidental to the permitted main
use (Section 446.805).
12. Nursing homes and alternative care facility (Section 446.809).
13. Storage of more than one auto trailer, unoccupied mobile home trailer,
boat, or other unregistered vehicle,
PROVIDED SUCH TRAILER, BOAT, OR OTHER UNREGISTERED VEHICLES ARE
EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES. SUCH STORAGE AREA SHALL
COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN
NO CASE SHALL STORAGE BE PERMITTED IN THE FRONT YARD.
' permitted accessory use
I. "Home Occupation" as defined in Section 200
2. Off-street parking facilities for the use of residents of the premises
and their guest in accordance with Section 470 herein.
3. Signs as provided in Section 416
4. The renting of rooms to not more than two persons not members of the
resident family.
5. Storage of ONE each auto trailer, one unoccupied recreational vehicle,
one boat, or other single unregistered vehicle,
PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS
EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES SUCH STORAGE AREA SHALL
COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN
NO CASE SHALL IT BE PERMITTED IN THE FRONT YARD.
6. Swimming pools or other accessory recreational facilities for the use of
the residents of the premises and their guests as regulated in Section
413.5.
7. Garden house, pool house, play house or greenhouse incidental to the
residential use of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT
ANY SUCH STRUCTURE COMPLIES WITH ALL YARD AND SETBACK REQUIREMENTS FOR
BUILDINGS.
8. Bus passenger shelter.
9. Radio receiving/transmitting towers in accordance with Section 414
10. Satellite Dish Antenna in accordance with the provisions of Section
415.4
11. Exterior lighting in accordance with Section 415.1
�S/
SECTION 422.9
AI - AIRPORT INDUSTRY
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Buildings, structures and uses, with the exception of garages and dumps,
owned or operated by the Town of Wappinger, or any other governmental
entity or district.
2. Professional, banking, business or governmental offices
3. Municipal airport
4. Aircraft sales or rental
5. Aviation related, flight, ground and/or maintenance school
6. Automobile rental service/storage.
7. Transportation terminal
8. Restaurant or other place serving food or beverages, incidental to
airport operation. (not including "fast food establishment" with a
drive-thru facility).
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Warehousing or storage business, not to include plumbing, electrical, or
similar contractors establishment.
2. Contractors office, storage and sale of building materials, plumbing,
electrical and similar contractors establishments, provided any outdoor
storage is suitably screened from streets and adjoining properties in
accordance to a plan approved by the planning board.
3. Manufacturing, fabricating, finishing or assembling of products
4. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot
area per guest sleeping room & rooms no smaller than 300 sf.
5. Self -storage rental warehousing.
6. Health, exercise or swim club
permitted accessory uses:
1. Any accessory building or use customarily incidental to permitted use.
2. Off-street parking and loading areas in accordance with the provisions
of Sect 470.
3. Signs in accordance with the provisions of Sect 416.5
4. Exterior lighting in accordance with the provisions of Sect 415.1
412.10
PI - PLANNED INDUSTRY - (5 ACRE)
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Executive and administrative offices for business, governmental or
professional use.
2. Scientific research, engineering or design laboratories, provided
no hazardous waste are produced.
3. Light manufacturing, assembling, or processing of goods, provided
that all equipment, materials and all activities shall be stored in
fully enclosed buildings, and no hazardous waste are produced.
4. Warehousing (not self -storage).
5. Day care facility primarily serving the Industrial park. (Section
446.811)
The following uses are allowed by Special Permit of the Planning Board,
except as noted, under the provisions of Section 430 & 440, and subject
to the additional requirements/conditions set forth in the noted section:
1. Places of amusement or recreation, such as tennis or swimming club,
roller or ice skating rink, an bowling alleys.
permitted accessory uses
1. Any accessory building or use customarily incidental to permitted
use.
2. Off-street parking and loading areas in accordance with the
provisions of Sect 470.
3. Signs in accordance with the provisions of Sect 416.5
4. Exterior lighting in accordance with the provisions of Sect 415.1
,; 7
•,• gection 422.11
MU - MIXED USE DISTRICT
The following uses are permitted by right as Permitted Principal Uses, subject
to the requirements/conditions set forth in the noted sections:
1. Grouping of attached or detached structures, containing a mix of residential
dwelling units and one or more of the following commercial uses:
Retail sales, personal or business service establishments, professional or
business offices & banks.
2. Restaurants or other places serving food or beverages, but not including
"fast food establishments" with "drive-thru facility"
3. All uses are subject to the requirements and provisions of Section 446.101
and require Site Plan approval by the Planning Board (as set forth in Section
450]
Gt+
Section 422.12
HD - HIGHWAY DESIGN District MINIMUM LOT SIZE = 5.0 acres
Purpose of this district is to coordinate planning & consolidate development of
the properties abutting Route 9 by providing an increase in allowable
densities with a corresponding decrease in unlimited access to the state
Highway.
Use Regulations:
1. The uses to be allowed in this district will be the same uses allowed in the
HO - Highway Office District. They are listed below.
2. All uses are subject to the requirements and provisions of Section 446.101
and require Site Plan approval by the Planning Board [as set forth in Section
450]
Allowed by right
1. Executive and administrative offices for business, governmental or
professional use.
2. Buildings, structures and uses owned or operated by the Town of
Wappinger, or any other governmental entity or district.
3. Service uses ancillary to office uses, such as copy center, office
supply, blueprinting.
4. Places of worship, including rectory, parish house, and religious school
(Section 446.801)
5. Day care center/day nursery (Section 446.811)
6. Library, museums, art gallery (Section 446.803)
7. Professional, banking, business, governmental or other offices.
8. Stores and shops for the conduct of retail business (containing a
minimum of 1000 sq ft/unit)
9. Restaurant or other places serving food or beverages (EXCLUDING "fast
food establishments" with a "drive-thru facility").
10. Funeral homes (Section 446.810)
11. Theaters
12. Veterinarian's office or hospital facilities without outdoor kennels
13. Warehousing (not self -storage).
14. Printing plants, printing & publication facilities (Section 446.818)
rAW
A
� * f
Section 422.12
page 2 of 2
HD - HIGHWAY DESIGN District MINIMUM LOT SIZE = 5.0 acres
by Special use permit:
1. Designed Residential Use Development (Special use permit by Town Board,
subject to Section 442)
2. Sewage Treatment Plants or water supply facilities (Special use permit
by Town Board)
3. Public utilities, including transmission and distribution lines.
4. Private, community or fraternal recreation clubs (Section 446.807).
5. Recreation use development, including swimming, racquet sports, health
clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE
TOWN BOARD (subject TO SECTION 426).
6. Mobile home parks APPROVAL BY TOWN BOARD (Section 443)
7. Hospitals & Clinics
8. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot
area per guest sleeping room & rooms no smaller than 300 sf.
9. Radio, television or other electronic transmission/receiving structure,
exceeding limits set forth in Section 414.
Permitted accessory use:
1. Single-family dwelling unit incidental to, and located within the same
structure as, a permitted use.
2. Any accessory building or use customarily incidental to a permitted use.
3. Off-street parking and loading areas in accordance with the provisions
of Sect 470.
4. Signs in accordance with the provisions of Sect 416.5
5. Exterior lighting in accordance with the provisions of Sect 415.1
30
'R1=19v
Section 422.25 BULK REGULATIONS
ALL NON-RESIDENTIAL DISTRICTS
Town of
Wappnger NY
DISTRICT
NB
GB
HB
Sc
HO
CC
COP
HM
Al
p2
m y
ND
Minimum lot size:
Area (sq ft or acre)
none
15,000 sf
2 acre
10 acres
1 acre
1 acre
10 acres
(A)
2 ac
2
S
Width (feet)
100
100
150
500
150
100
500
50
200
300
2fid
Depth (feet)
100
150
200
500
200
100
500
80
200
300
3co
304,
Street Frontage (feet)
I00
100
150
300
150
100
300
50
150
/So
300
300
Minimum Yard (feet)
Front
County/State highway
75
75
75
75
75
75
75
75
75
from c/1 street
50
50
75
125
75
50
175
40
125
from front lot line
25
25
50
100
50
25
150
15
100
Side
20
20
l0
50
10
10
50
12
50
$O
.90
/J
accessory <ISft high
20
20
10
50
IO
10
50
5
50
3v
i0
/v
abutting residential
where a
lot line
abuts land
in a residential
district,
the most restrictive
setback
requirement
of either
district
shall govern.
Rear
30
30
30
50
30
30
50
25
50
30
'90
v
accessory <15' high
30
30
30
50
30
30
50
5
50
30
/D
O
abutting residential
where a
lot line
abuts land
in a residential
district,
the most restrictive
setback
requirement
of either
district
shall govern.
Maximum Building Height:
Stories
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
•%• S
;2• S
.2. S
Height (feet)
35
35
35
35
35
35
35
35
35
„*�"
3''
js
Maximum Building
Coverage: (X)
20
25
25
20
25
20
15
25
20
30
30
30
0-4
Maximum Floor Area Ratio:
0.3
0.4
0.4
0.3
0.4
0.2
0.2
0.5
0.3
0•54-
Maximum impervious surface (X)
75
75
75
75
75
40
40
50
75
;q—
1-4-
SMinimum
Minimumlandscaped open space
25
25
25
25
25
60
60
50
25
AS—
2 .57 -
Minimum Parking setback (ft)
from front lot line
20
A0
�p
from side and rear lot line
10
(A) Min. Lot area/residential
unit - 25,000
sf, unless
served by
central sewer system
consistent
with
Town water and sewer management
pian, in which case
the requirement is
reduced to
10,000 sf/unit
W
Section 422.25 (continued) BULK REGULATIONS
ALL NON-RESIDENTIAL DISTRICTS
Town of Wappnger NY
ADDITIONAL Notes/Requirements
Plans of development in all districts
must conform to the following sections:
Section 419 (Wetlands & Steep Slopes)
Section 470 (Off-street Parking & Loading)
Section 415.2 (Buffer Areas)
Section 460 (Flood Prone Area)
In NB & GB Districts:
Multiple attached & detached uses shall be permitted subject to the
prior issuance of a Special Use Permit
In HB Districts:
Two uses shall be permitted in an HB zone where said one use is a
business to be operated by an owner -resident of said parcel; however
in no instance shall there be more than one residential use for said
parcel.
In SC Districts:
Multiple attached or detached uses shall be permitted.
423. Multi -Family Residence District
In an RMF District, all multi -family uses shall be subject to site
plan approval in accordance with Section 450 of this Ordinance and
the following special requirements:
423.1 Minimum Site Area
The lot upon which such dwelling units shall be constructed
shall have an area of not less than fifteen (15) acres in the
RMF -3 District and ten (10) acres in the RMF -5 District,
except when located within and served by a public water and
sewer district of the Town of Wappinger, in which case the
minimum lot area shall be 15,000 square feet. Section 411.7,
Existing Undersized Lots, does not apply to Multi -Family
Residence Districts.
423.2 Water and Sewerage Facilities
423.21 Where, in the opinion of the Planning Board, con-
nections to existing facilities are possible and
warranted, sanitary sewers and/or water mains shall
be connected to such existing facilities in the
manner prescribed by regulation of the appropriate
sewer, water, fire district or other agency having
jurisdiction.
423.22 Where connection to existing off-site water or sew-
erage facilities is not possible, or not warranted,
a central water supply and sewage treatment system
shall be designed and constructed to serve all
dwelling units in accordance with the standards and
subject to the approval of the Dutchess County De-
partment of Health and the appropriate State and
Federal agencies.
423.23 Where future service by off-site water and/or sewage
systems is planned, all on-site water and sewer
facilities shall be designed and located in such a
way as to readily permit their connection and/or
conversion to the off-site systems at such time as
they are constructed.
33
423.3 Open Space and Recreation Area
At least fifty percent (50%) of the gross area of the site
shall be preserved as permanent open space, free of buildings
and parking areas, and shall be landscaped or left in its
natural state in accordance with plans approved by the Plan-
ning Board. Within such common open space areas, a total of
not less than 300 square feet per density unit shall be
improved with common recreational facilities, such as
swimming pools, tennis, basketball, volleyball and shuffle-
board courts, playground equipment, etc., for the use of the
residents of the premises and their guests, which facilities
shall not be operated for profit.
423.4 Required Parking
Parking spaces shall be provided in number and design accord-
ing to the provisions of Section 470 of this Ordinance.
23 4
424. Beekeeping
424.1 All persons starting a beekeeping operation
shall have worked with an experi-
enced beekeeper for no less than eighty (80) hours or have an
equivalent educational certificate.
424.2 Each beekeeper shall register his beekeeping operation with
the State Department of Agriculture as required by State Law.
424.3 A beekeeper shall not create or maintain an unsafe or hazard-
ous condition to the community. If such a complaint is re-
gistered with the Town Zoning Administrator, the Town can
request an investigation by the State Bee Inspector or local
recognized bee authority, to help render a decision. If the
beekeeper is found in fault, corrections or removal must be
made in accordance with the inspection report within a sixty
(60) day period.
3S
` Section 425. - Planned Unit Development District
425.1 Intent
The Planned Unit Development (PUD) District is hereby estab-
lished to provide balanced neighborhoods offering a wide
range of land use activities, individual employment opport-
unities, shopping facilities, housing in various forms, and
recreational facilities. It offers increased opportunities
for flexible land use and design regulations designed to
satisfy Wappinger's residential and non-residential needs,
at a pace and balance commensurate with the general rate of
Town growth and in a manner consistent with the environmental
capabilities of individual sites to support such residential
and non-residential uses, all in furtherance of the basic
policies and objectives as set forth in the adopted Town
Development Plan.
425.2 Objectives
The establishment of a Planned Unit Development District will
be to further encourage the following subjectives:
425.21 The establishment of areas in which diverse uses may
be brought together as a part of a compatible and
unified plan of development which shall be in the
interest of the general welfare of the Town;
425.22 An environment of stable character in harmony with
surrounding development, and a more desirable en-
vironment than would be possible through the strict
application of other Sections of this Ordinance;
425.23 A creative approach to the use of land and related
physical development; ESPECIALLY OF LARGE TRACTS
CLOSE TO GROWTH CENTERS AND MAJOR TRANSPPORTATION
CORRIDORS IN THE TOWN
425.24 A maximum choice in the types of environment and
living accommodations available to the public at all
economic levels;
425.25 The more efficient use of those public facilities
required in connection with new development;
425.26 An efficient, aesthetic and desirable use of open
space, the provision of permanent open space net-
works throughout the town.
425.27 Special consideration of property with unique
features, including but not limited to , historical
significance, unusual topography, landscape
amenities, size and shape;
425.28 A pattern of development which preserves trees,
outstanding topography and geological features,
and prevents soil erosion.
.34
425.3 Eligibility Requirements
425.31 Minimum Area
The minimum area requirement to qualify for a Planned
Unit Development District shall be seventy-five (75)
'contiguous acres of land, except that where the
applicant can demonstrate that the characteristics of
his holdings will meet the objectives of this
article, the Town Board may consider projects with
less acreage.
425.32 Ownership
The land proposed for a Planned Unit Development may
be owned by one or more persons or corporations, but
shall be combined into a single contiguous parcel of
land at or prior to the time of application to the
Town Board. The applications shall be jointly sub-
mitted by all owners and, if approved, shall be
jointly binding on all of them.
425.33 Location and Access
Planned Unit Development Districts shall be permitted
only in areas presently containing a combination of
residential and non-residential zoning districts, or
planned for a combination of such uses in accordance
with the Town Comprehensive Plan.
Planned Unit Developments shall also have frontage on
and access to an existing or proposed major road, as
shown on the Town Comprehensive Plan.
425.4 Density or Intensity of Land Use
The appropriate density or intensity of land use to be per-
mitted in each Planned Unit Development District and in any
section thereof shall be determined in each individual case
by the Town Board and specified on the approved General Land
Use and Development Plan for the PUD as set forth in Section
425.8. Such determination of land use intensity and of
density shall be based upon the recommendation of the Town
Planning Board as provided in Section 425.83 and upon a
thorough documentation of the nature and potential site and
community impact of the proposed development as required to
be submitted by the applicant in accord-
ance with the provisions of Section 425.81. It is further
intended that the permitted maximum intensity of non-
residential uses not exceed that which could be permitted in
the corresponding conventional zoning use districts and that
the maximum gross residential density for the residential or
residentially related portion of any Planned Unit Development
not exceed that which could be permitted in an R-20 District
in accordance with the density unit formula, as set forth
in Section 200.
27
_' 425.5 Common Property in the Planned Unit Development
Common property in the Planned Unit Development is a parcel
or parcels of land together with the improvements thereon,
the use and enjoyment of which is shared by the owners and
occupants of the individual building sites. When there is
to be private ownership of such common property, legal
arrangements satisfactory to the Town Attorney must be made
for the improvements, operation and maintenance of such
common property and facilities, including private streets,
drives, service and parking areas, and recreational and open
space areas.
425.6 Off -Street Parking and Loading Requirements
The minimum off-street parking and loading requirements for
any uses or structures in a Planned Unit Development District
shall be the same as those stipulated for such uses or
structures in Section 470 of this Ordinance.
425.7 Additional Site Development Standards
In addition to the standards set forth in this section, the
applicant shall also comply with the appropriate design, site
development plan and performance standards of this Ordinance,
and of the Subdivision Regulations. Where a conflict between
this section and any of the above exists, the former shall
govern.
425.8 Application Procedure
The application procedure for approval of a Planned Unit
Development shall involve the following: (1) Sub-
mission of rezoning application, if required, and a proposed
General Land Use and Development Plan and Program to the
Town Board; (2) Planning Board review and report to the Town
Board on the appropriateness of the proposal in the context
of the Town Comprehensive Plan, the official map and this
Ordinance; (3) Public hearing by the Town Board and action
to approve, approve with modifications or disapprove the
establishment of the PUD District and the General Land Use
and Development Plan, and if the District is established;
(4) Planning Board public hearing and decision on the sub-
division of land, if any; and (5) Planning Board, Town
Engineer, Zoning Administrator, Superintendent of Highways
and Town Attorney administrative review of the Site Plan and
related documents and agreements for each section of the
Planned Unit Development.
312
425.8.1 Application Requirements
The following information shall accompany an app-
lication for the establishment of a Planned Unit
Development District:
425.811 A proposed General Land Use and Development
Plan at a scale of not less than one (1)
inch equals two hundred (200) feet indicat-
ing the following:
(a) Terrain conditions on the property, to
include topographic data with a maximum
contour interval of five (5) feet, an
indication of generalized soil types,
and the location of existing water
courses, wetlands, wooded areas, major
rock outcroppings, and other sign-
ificant existing features.
(b) A written statement describing the type
and intensity of uses proposed within
the Planned Unit Development District,
and the number of acres devoted to
each.
(c) A written statement describing the
nature of the proposed Planned Unit
Development and how it will serve to
implement the intent and purposes for
such developments, as set forth in this
Ordinance.
(d) The proposed spatial arrangement of
land uses, including the location,
nature and general extent of areas to
be developed into residential dwelling
units, by type; non-residential uses,
by type; public, community and/or re-
creational facilities; utility service
and maintenance facilities; and areas
to be preserved as natural open space
including an open space system con-
sistent with the Town Comprehensive
Plan.
(e) A map showing the location of the Plan-
ned Unit Development District within
the general area.
(f) The general configuration of streets,
roadways, and right-of-way planned to
serve the Planning Unit Development.
(g) A numerical analysis of the development
proposal including the total number of
dwelling units proposed for inclusion
within the development, and the pro-
posed breakdown of these units accord -
99
ing to size and type, the total amount
of floor area to be devoted to each
type of non-residential use, the
approximate extent of building and
paved area coverage in each section, an
analysis of the development proposal in
relation to the maximum permitted
density (dwelling units per acre) as
set forth in the Section.
(h) A statement of the proposed method of
ownership and maintenance of the land
and facilities within the Planned Unit
Development.
(i) A generalized time schedule and phasing
plan for the staging and completion of
the Planned Unit Development, including
utilities and facilities.
(j) An environmental impact statement an-
alysing the capabilities of the pro-
posed development and the estimated
impact which said development is an-
ticipated to have upon the surrounding
area and the community as a whole.
Such a statement shall include an
analysis of traffic flow impact, off-
site drainage, water supply and sewage
disposal, erosion and sedimentation
and open space resources.
(k) Such other additional information as
deemed necessary by the Town Board or
the Planning Board to properly study
and evaluate the application.
425.812 Application and review fees for the proposed
Planned Unit Development shall be required
in accordance with the current fee schedule.
425.82 Referrals
Upon receipt of a complete application for the estab-
lishment of a Planned Unit Development District, the
Town Board shall refer such application and accom-
panying material to the Planning Board, to the Town
Engineer, and to such other boards, agencies or
officials as the Town Board may determine appropriate
for review and recommendation.
425.83 Planning Board Review
Based upon the requirements of this Ordinance and the
policies and objectives set forth in the adopted Town
Comprehensive Plan, the Planning Board shall review
each application referred to it under the provisions
of this Section for the purpose of determining the
appropriateness of the proposed site for the intended
use and, in the case of a favorable determination,
the density of development for which such site is
suitable. In addition to the requirements of this
Ordinance and the Town Comprehensive Plan, such
density recommendation shall be based upon a careful
consideration and evaluation of the environmental
characteristics of the particular site and its re-
lationship to surrounding properties and uses.
Within sixty (60) days from the date of referral of
a completed application from the Town Board, the
Planning Board shall submit a written report to the
Town Board setting forth its findings and recommend-
ations.
425.84 Public Hearing
Following receipt of the Planning Board report and
recommendation, the Town Board may schedule a public
hearing regarding the proposed application with the
same notice as required by law for a zoning amend-
ment.
425.85 Town Board Action
Following the public hearing, the Town Board may act
to approve, approve with modifications or disapprove
the proposed Planned Unit Development District
application. Any decision to approve an application,
with or without modification, and to establish a
Planned Unit Development District, shall be subject
to the same publication requirements as a zoning
amendment and a copy thereof forwarded to the Town
Clerk who shall make appropriate modifications to the
official Town Zoning Map and notations with respect
to any special conditions established with respect
thereto.
The Town Board shall not take favorable action on any
Planned Unit Development District application unless
it determines that the proposed General Land Use and
Development Plan complies with all requirements of
this Ordinance and with the policies and objectives
of the adopted Town Comprehensive Plan. In making its
determination, the Town Board shall consider both the
staging and the ultimate magnitude of such develop-
ment.
425.86 Approval of Subdivision Plats
Applications for the approval of any subdivision
plats shall be submitted to the Planning Board and
processed by said Board in accordance with all the
procedures and requirements specified in the Town's
Land Subdivision Regulations.
425.87 Approval of Site Development Plans
No earthwork, land clearing or construction of any
kind shall take place within the limits of a Planned
' Unit Development until a site development plan for
such development, or the appropriate section thereof,
has been reviewed and approved all in accordance with
the procedures outlined in section 450 of this
Ordinance and supplemented as follows:
425.871 Submission of Application
After Town Board action approving the zoning
change, applications shall be submitted in
five (5) copies to the Zoning Administrator,
with the initial application accompanied by
five (5) copies of the approved General
Land Use and Development Plan, and shall in-
clude the following information:
(a) A proposed site development plan map
drawn at a scale of no less than one
inch equals one -hundred feet (1" _
100') and indicating the following:
(1) Title of the development, date,
revision dates, if any, north point,
scale, name and address of the appli-
cant and of the architect, engineer,
landscape architect, and/or surveyor
preparing the site development plan.
(2) Detailed description of existing
terrain conditions on the property, to
include topographic data at a maximum
contour interval of two (2) feet with
a datum approved by the Town Engineer;
designation of specific soil types; the
location of all existing water courses
and intermittent streams; the location
and extent of existing wooded and wet-
land areas, and specifications of the
type of vegetation prevailing therein
the location of existing stone walls,
rock outcrops, wooded area, and major
trees (eight inches or more in dia-
meter) outside of wooded areas which
are to remain undisturbed.
(3) The location and dimensions
length, width, ground floor elevation
and height) of all existing and pro-
posed main and accessory buildings,
with the use for each indicated.
(4) The location, width and finished
pavement grades of all existing and
proposed public and private roads.
(5) The location, layout, finished
pavement grades and surface treatment
proposed for parking and loading areas
and ingress and egress drives.
ya
(6) The location, size and proposed
screening of any refuse storage or
other outdoor storage areas.
(7) The location and size of all pro-
posed water supply, sanitary sewerage,
storm drainage and other utility
facilities, including connections to
any existing facilities.
(8) Locations, design and construction
plans for proposed sidewalks and steps,
drainage structures, retaining walls,
etc.
(9) Landscaping plan, to include type,
size and location of materials to be
used.
(10) Proposed type, location and design
of exterior lighting system.
(11) Proposed location, type, size,
color and illumination of all signs.
(12) Proposed open space network and
pedestrian circulation.
(b) Architectural plans and specifications
of representative buildings and struct-
ures, including general exterior ele-
vations, perspective drawings, and, in
the case of residential buildings,
typical floor plans indicating the
number of bedrooms and the use of all
other rooms within each dwelling unit.
(c) Calculation of expected storm drain
loads to be accommodated by the pro-
posed drainage system for a one hundred
(100) year frequency storm.
(d) Estimate of earth work, showing the
quantity of any material to be imported
to and/or removed from the site.
(e) Description of measures planned to
assure proper erosion and sedimentation
control during construction.
(f) A statement from the applicant's en-
gineer indicating the estimated cost of
constructing all new roads and side-
walks, and of the water supply sanitary
sewerage.
(g) Proof of approval by the State Depart-
ment of Transportation, County Highway
z13
Department or the Town of Wappinger
Superintendent of Highways, as approp-
riate, of the design and proposed con-
struction of any intersection of a new
road with an existing State, County or
Town Highway, and of any proposed con-
nections to existing drainage facili-
ties along such highways.
(h) Copies of legal covenants and agree-
ments restricting the use of recreation
and open space area to such purposes,
and of documents establishing future
ownership and maintenance responsibili-
ties for all private road, recreation
and open space areas.
(i) Any other legal agreements, documents
or information required to implement
the purposes and intent of the Planned
Unit Development as approved by the
Town Board.
(j) An application fee in an amount and as
normally determined by the Planning
Board in site plan review.
(k) Construction and maintenance bonds as
normally required in subdivision.
425.872 Referral to Planning Board, Town Engineer,
Superintendent of Highways and Town
Attorney
Upon receipt of a site development plan
application, the Zoning Administrator shall
refer two (2) copies to the Planning Board
one (1) copy to the Town Engineer, one (1)
copy to the Town Attorney, and one (1) copy
to the Superintendent of Highways where a
private road to be constructed as a part of
the site development will intersect with an
existing Town road, all for review and
report.
Review by the Planning Board, Town Engineer
and Superintendent of Highways shall be for
the purpose of determining: (1) that such
development will be in accordance with the
approved General land Use and Development
Plan, any other requirements and con-
ditions established by the Town Board pur-
suant to the establishment of the Planned
Unit Development District; (2) that it com-
plies with all other applicable standards
and requirements of this Ordinance; (3) that
all facilities and improvements necessary to
the construction of the development will be
properly provided; (4) that proposed inter-
sections of private roads with existing Town
roads are located and designed so as to per-
mit safe traffic movements through the
intersections; and (5) the existing Town
roads within or directly abutting the
Planned Unit Development are or will be
suitably improved so as to be capable of
safely accommodating the increased traffic
generated by the development. Review by
the Town Attorney shall be for the purpose
of determining the adequacy of all coven-
ants, agreements, documents and other legal
information required in connection with the
maintenance and operation of all commonly
owned facilities and areas within the
Planned Unit Development.
Reports from the Town Engineer, Super-
intendent of Highways and Town Attorney
shall be submitted to the Planning Board
within thirty (30) days. The Planning
Board shall submit a summary report to the
Zoning Administrator within sixty (60) days
of the date on which such application was
originally referred to the Planning Board,
shall recommend whether the application
should be approved, disapproved or approved
with modifications and shall specify what
modifications, if any, are necessary.
425.873 Action by Zoning Administrator
Within ninety (90) days of the date the
application was received by the Zoning
Administrator, the Zoning Administrator
shall act either to approve, disapprove
or approve with modifications, the site plan
and such action shall be based upon the
findings of the Planning Board as specified
in its report. A permit authorizing earth
work, land clearing or construction of any
kind shall be issued only for work which
will be done in accordance with the approved
site development plan, and no certificate
of occupancy shall be issued for any de-
velopment which has not been constructed in
accordance with said plan.
425.874 Inspection Fee
As a condition of site development plan
approval, an inspection fee in an amount
determined necessary by the Town Engineer,
but not in excess of seven percent (7%) of
the estimated cost of constructing all
private roads, sidewalks and water supply,
sewerage and storm drainage systems shall
be paid to the Town of Wappinger. Such
fee shall be used to cover costs incurred
by the Town in conducting inspections of
such construction as it progresses, and any
ys
unused portion shall be returned to the
applicant.
425.875 Special Conditions
If, during the course of construction, any
conditions such as flood areas, underground
water, springs, intermittent streams, humus
beds, unsuitable slopes, soft and silty
areas, or other unusual circumstances are
encountered which were not foreseen in the
original planning, such conditions shall be
reported to the Planning Board and the Town
Engineer together with the developer's re-
commendations as to the special treatment
required to secure adequate and permanent
construction. The Planning Board shall in-
vestigate the condition or conditions, and
either approve the developer's recommend-
ations to correct same, order a modifica-
tion thereof, or issue its own specifi-
cations for correction of the condition or
conditions. Unusual circumstances or de-
trimental conditions observed by the Town
Engineer or Zoning Administrator shall be
similarly treated.
425.876 Staging
If the applicant intends to stage its de-
velopment, and has so indicated in
accordance with Section 425.81, then it may
submit for site plan approval only those
stages ready for development in accordance
with the staging plan. Any plan which
requires more than twenty-four (24) months
to be completed shall be required to be
staged and a staging plan must be developed.
At no point in the development of a Planned
Unit Development shall the ratio of non-
residential to residential acreage or dwell-
ing unit ratios between the several differ-
ent housing types for that portion of the
Planned Unit Development completed and/or
under construction differ from that of the
Planned Unit Development as a whole by more
than twenty percent (20%), unless so
approved by the Town Board.
_�,
425.877 Amendments
The Town Board, after public hearing with
the same notice as required for the
original hearing, may consider and act upon
an application to amend the design concept
shown on the General Land Use and Develop-
ment, or upon an application to change or
enlarge the limits of such development to
include contiguous acreage subsequently
acquired by the applicant. However, no
public hearing shall be required where a
proposed change or enlargement does not
result in any significant modification to
the design concept shown on the approved
General Land Use and Development Plan, or
where less than a five percent (5X) change
in the number of initially approved dwelling
units is involved, provided all density and
other requirements of this Ordinance are
complied with.
425.878 Expiration of Approval
Town Board approval, or approval with
modification, of an application for a
Planned Unit Development shall expire if
construction work on the development is not
begun within one (1) year of the date of
approval, is not completed within ten (10)
years of the date of approval, or is not
prosecuted with reasonable diligence in such
a way to assure its completion within the
permitted time period and according to the
approved time schedule.
425.879 Financial Responsibility
No building permits shall be issued for
construction within a Planned Unit Develop-
ment District until improvements are in-
stalled or a performance bond posted in
accordance with the same procedures as pro-
vided for in Section 277 of the Town Law
relating to subdivision.
z�
Section 430. Special Permit Uses
The Planning Board is authorized to hear and decide applications for
special permit uses in accordance with the procedures and standards set forth
in this chapter.
431. General Provisions
All special uses for which conformance to additional standards is
required are considered to be permitted uses in their respective
districts, subject to the satisfaction of the requirements and
standards set forth in this Section or such requirements as may be
specified by the PLANNING BOARD i8 ....a_,.F A--.-i-i according to the
provisions of Sections 435 and 436 herein in addition to all other
requirements of
this Ordinance. All such uses are declared to possess such unique,
special and individual characteristics that each specific use shall
be considered as an individual case.
432. Application for a Special Permit
Application for required special permits shall be made to the
PLANNING BOARD. Each such application shall be examined first and
endorsed for completeness by the Zoning Administrator and unless so
endorsed shall not be entertained by said Board. The PLANNING BOARD
shall have original jurisdiction for granting
special permits based on the provisions of this section. The BOARD
may impose whatever reasonable land use conditions and provisions it
deems necessary to reflect the spirit and intent the Town Develop-
ment Plan and/or Zoning Ordinance.
The PLANNING BOARD, after public hearing with the same
notice required by law for zoning amendments, shall, within sixty
(60) days after the final hearing, file with the Zoning Admini-
strator a decision on said application. All approved special use
permits will be subject to Section 450 of the Town Zoning Ordinance
for site development plan approval.
The applicant may grant extensions of either of the above stipulated
review periods.
The PLANNING BOARD may authorize
the issuance of a permit, provided it finds that all of the follow-
ing conditions and standards stated, but not limited to, have been
met.
432.1 The location and size of the use, the nature and intensity of
the operations involved, in, or conducted in connection with
it, the size of the site in relation to it, and the location
of the site with respect to streets giving access to it, are
such that it will be in harmony with the appropriate and
orderly development of the district in which it is located.
432.2 The location, nature and height of buildings, walls, fences
and the nature and extent of existing or proposed plantings
on the site are such that the use will not hinder or discour-
age the appropriate development and use of adjacent land and
buildings. ' (
"T�
432.3 Operations in connection with any special use will not be
more objectionable to nearby properties by reason of noise,
fumes, vibration, illumination or other characteristics, than
would be the operations of any permitted use not requiring a
special'permit.
432.4 Parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining
residential uses, and the entrance and exit drives shall be
laid out so as to achieve maximum safety. (See Section 470)
433. Required Plan
A plan for the proposed development of a lot for a permitted special
use shall be submitted with an application for a special permit.
The plan shall conform to the requirements of Section 450.2.
434. Review by Other Agencies
Upon receipt of a completed application for a special permit, the
PLANNING BOARD may forward, where determined appropriate, one copy
each of the application to the Town Engineer, the Planning
Consultant, the Superintendent of
Highways, the Wappinger Environmental Council, the Fire Prevention
Bureau, the Dutchess County Soil and Water Conservation District
and the Dutchess County Department of Health; in addition, copies
shall be forwarded to the Dutchess County Planning Department when
such proposed development abuts a State or County Highway, park,
drainage channel or building site, and to the Clerk of any abutting
municipality where the property proposed for such development is
located within five hundred (500) feet of such municipality and
other agencies, the New York State Department of Environmental Con-
servation, which may have jurisdiction, together with a request for
review and report by said agency. Each agency may submit a report,
including its recommendations, which report, if it is to be con-
sidered, should be returned to the PLANNING BOARD within thirty (30)
days of the date such referral was submitted.
435. PUBLIC HEARING & Notice to Abutting Property Owners
The Planning Board shall fix a reasonable time for hearing of the
application for Special use permit, and shall give public notice, at
least 5 days prior to the date thereof.
Abutting property owners shall be notified of the hearing in
accordance with the provisions set forth in Section 513 of
this Ordinance.
Al9
436. Conditions and Safeguards
The PLANNING BOARD shall attach such conditions and safeguards to
any approved use and development plan as are, in its opinion,
necessary to edsure initial and continual conformance to all applic—
able standards and requirements.
437. Action by Building Inspector
Upon receipt by the Building Inspector of the decision of the Board
showing that conditions required by Sections 432 and 436
prevail and upon compliance by the applicant with all applicable
standards, requirements, conditions, safeguards and ordinances, the
applicant shall, upon payment of any fees prescribed therefor, be
entitled to a building permit or certificate of occupancy, as the
case may be, from the Building Inspector. The Building Inspector
shall not issue a building permit or certificate of occupancy in the
event that the PLANNING BOARD shall not make a finding that all of
the conditions prevail.
438. Expiration of Special Permit
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and, unless other provisions are
set forth by the PLANNING BOARD in connection with their
issuance of that permit, it shall expire if work is not initiated
pursuant thereto within one (1) year, or if said use of uses shall
cease for more than one (1) year for any reason or if all required
improvements are not completed within two (2) years from the date of
issue or if all such required improvements are not maintained and
all conditions and standards complied with throughout the duration
of the use.
439. Existing Violations
No permit shall be issued for a special permit use for a property
upon which there is an existing violation of this Ordinance.
.5-v
445. Special Permits for Accessory Apartments.
445.1 Accessory apartments shall be permitted in all single-family
residential districts where single-family homes are a per-
mitted use, upon issuance of a special permit by the
Planning Board, subject to the conditions and limitations
contained in this local law.
445.2 No accessory apartment shall be installed or maintained
except upon Special Permit granted by the Planning Board
Appeals. The applicant shall file a plan in such detail
as the Planning Board shall prescribe with the
initial application for an accessory apartment. The
application fee for a Special Permit for an accessory
apartment shall be $100. Each such Special Permit shall be
two (2) years in duration, subject to earlier termination as
provided in this local law, and also subject to renewal upon
application and after public hearing.
(a) Before such approval shall be given, the Planning Board
shall determine, in addition to those standards
set forth in Section 432, that:
1. That the use will not prevent the orderly and reason-
able use of adjacent properties or of properties in
adjacent use districts;
2. That the use will not prevent the orderly and reason-
able use of permitted or legally established uses in
the district wherein the proposed use is to be
located or of permitted or legally established uses
in adjacent use districts:
3. That the safety, the health, the welfare, the com-
fort, the convenience or the order of the town or
its residents will not be adversely affected by the
proposed use and its location; and
4. That the use will be in harmony with and promote
the general purpose and intent of the local law.
(b) In making such determination, the Planning Board shall
also give consideration, among other
things to:
1. The character of the existing and probably develop-
ment of uses in the district and the peculiar suit-
ability of such districts for the location of any of
such permissive uses;
2. The conservation of property values and the en-
couragement of the most appropriate uses of land;
3. The effect that the location of the proposed use may
have upon the creation or undue increase of vehicular
traffic congestion on public street or highway;
51
4. To the necessity for paved surface space for purpose
of off-street parking of vehicles incidental to the
use, and whether such space is reasonably adequate
and appropriate and can be furnished by the owner of
'the plot sought to be used within or adjacent to the
plot wherein the use shall be had;
5. Whether the use, or the structures to be used there-
fore, will cause an overcrowding of the land or undue
concentration of population;
6. Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated
operation and expansion thereof; and
(c) The Planning Board shall, in authorizing such
permissive uses, impose such conditions and safeguards
as it may deem appropriate, necessary or desirable to
preserve and protect the spirit and objectives of this
chapter.
(d) 1. A public hearing shall be held for every application
for a special permit or renewal thereof. The
Planning Board shall fix a time and give at the
expense of the applicant, public notice thereof by
the publication in the official newspaper of such
hearing at least ten (10) days prior to the date of
the public hearing.
2. The subject property is to be posted for a period of
not less than ten (10) days immediately preceding the
public hearing or an adjourned date thereof. Subject
to rebuttal, the filing by the applicant reciting the
facts of such posting shall be deemed sufficient
proof of compliance herewith.
3. The posting of signs on subject property shall be
made in the following manner:
A. The applicant shall erect on the affected pro-
perty a sign which must be obtained from the building
inspector's office which shall be prominently dis-
played on the premises facing each public street,
maximum spacing of two hundred (200) feet on center,
on which the affected property abuts, set back not
more than ten (10) feet from the property line, and
shall not be less than two (2) feet nor more than
six (6) feet above the grade of the property line,
giving conspicuous notice that the application for
special permit for temporary two-family dwelling is
pending and the date, time and place when the public
hearing will be held.
J
B. An affidavit of posting of the public notice together
with a copy to be filed not later than forty-eight (48)
hours prior to the public hearing on the petition,
stating that identical posters, not more than two
hundred (200) feet apart, have been conspicuously posted
along the street frontage at least ten (10) days prior
to the date set for the public hearing.
445.3 Only a residence for which a Certificate of Occupancy has
been issued prior to October 24, 1983 shall be permitted to have an
accessory apartment. Any residence built after that date
shall not be an eligible residence until the fifth anniversary of issuance
of its Certificate of Occupancy.
445.4 The owner(s) of the one -family lot upon which the accessory
apartment is located shall occupy at least one (1) of the
dwelling units on the premises. The Special Permit shall be
issued to the owner of the property.
(a) Should there is a violation of this local law or a
change in ownership, the Special Permit use and the
Certificate of Occupancy for the accessory apartment
shall then become null and void following a hearing
before the Planning Board which shall deter-
mine if such violation or change of ownership took place
unless by reason of death, in which instance the permit
shall continue until the expiration of its term provided
the remaining occupants are related. Thereafter, the
tenant shall have ninety (90) days to relocate; the
second kitchen shall be removed by the owner within sixty (60) days after
the tenant leaves and the house
shall revert to a single family status. Should the new
owner decide to live in the structure and desire to
continue use of the second dwelling unit under the
conditions imposed by this article, then no later than
ninety (90) days prior to expiration of the Special
Permit, or if ownership changes less than ninety (90)
days prior to such expiration, then within ninety (90)
days of the change in ownership, he shall apply to the
Planning Board for a Special Permit.
(b) Should an owner vacate his residence, the Special Permit
use and the Certificate of Occupancy for the accessory
apartment shall become null and void. Thereafter, the
tenant shall have ninety (90) days to relocate; the
second kitchen shall be removed by the owner within
sixty (60) days after the tenant leaves and the house
shall revert to a single family status.
445.5 The owner applicant shall be required to file on the subject
property a Declaration of Covenants approved by the attorneys
to the town at the Dutchess County Clerk's Office prior to
the issuance of a Special Permit for an accessory apartment.
This Declaration shall be in favor of the Town of Wappinger
and state that:
S3
(a) The Special Permit for an accessory apartment or any
renewal of said Special Permit shall terminate upon the
death of the undersigned or the survivor of the under-
signed, or upon the transfer of title to said premises
or upon the undersigned no longer occupying the premises
as their principal residence.
(b) The new owner of the premises shall have to apply to the
Planning Board for a Special Permit to continue
the accessory apartment.
(c) These restrictions, covenants and conditions with the
consent of the said owner or owners of the premises
herein described and such right or privilege shall be
effectual without the consent of any adjacent or other
owners or lienors of the property.
(d) This Declaration of Covenants shall run with the land and shall be
binding upon the owners, their dis-
tributees, executors, and administrators, successors
and assigns.
445.6 An occupant of at least one (1) of the dwelling units on the
premises shall be the father, mother, son or daughter (in-
cluding legally adopted), brother, sister, grandparent, or
grandchild of the occupant of the accessory apartment and
the same shall be the principal residence of that person.
A father-in-law or mother-in-law may continue occupancy
subsequent to the death of their child.
445.7 Only one accessory apartment for a total of two dwelling
units per lot shall be permitted.
445.8 An accessory apartment shall be permitted only within the
main structure and not within any accessory building or upon
any separate foundation. Additions to the residence shall be
permissible if they do not increase the building perimeter.
The character, degree and extend of any such addition shall
be a factor to be considered by the Planning Board
in passing upon a Special Permit application.
445.9 An accessory apartment shall have separate access, not
observable from the street, unless there is a single access
from the front of the building with a split access inside the
building.
445.10 All building code or other requirements under local law or
ordinance and other applicable laws and regulations shall be
complied with and a Building Permit as well as a Special
Permit obtained for any changes or alterations requiring
such a permit, and a Certificate of Occupancy shall be
obtained before occupancy.
J7V
445.11 An accessory apartment shall occupy a minimum of 650 square
feet to a maximum of 35% of the existing habitable floor
space of the building in which it is contained; the two
dwelling units shall not contain more than three (3) and
two (2)*bedrooms or an aggregate total of five (5) bedrooms.
445.12 The minimum lot size for buildings containing accessory
apartments shall contain at least 20,000 square feet and
shall also conform to the lot size and other zoning require-
ments of the district in which the building is located.
445.13 The building shall, to the degree reasonably feasible, main-
tain the character and appearance of a single-family
dwelling.
445.14 A residence containing an accessory apartment shall have a
minimum of four (4) off-street parking spaces and such
additional spaces, if any, necessary to accommodate all
vehicles owned and used by occupants of the dwelling. In an
R115 district, no expansion of the existing parking area
shall be permitted in order to satisfy this off-street
parking requirement. No parking areas shall be created in
front yards.
445.15 If the premises are not serviced by a community sewer or
water system, approval of the Dutchess County Board of
Health shall be obtained before issuance of a Special Permit.
445.16 If the dwelling is within a water or sewer improvement
district, the premises shall be subject to double the amount
of water or sewer charges applicable to the premises unless
the accessory unit is separately metered. The applicable
charge shall be the higher of the metered rate or the
minimum quarterly rate of the district.
445.17 The granting of a Special Permit shall not entitle the owner
or any subsequent owner to seek a variance to permit
occupancy of one of the living units by a person unrelated to
an owner -occupant. Any financial investment in improvements
necessary to create an accessory apartment shall be deemed to
be fully amortized during the term of the Special Permit.
445.18 This ordinance shall not create as a valid use any pre-
existing and new accessory apartments.
445.19 No Certificate of Occupancy shall be issued until the Town
Assessor has been notified in writing in the form of an
affidavit of the final costs of the improvements; the
Assessor may require documentation of costs.
56
Section: 446.101 MIXED USE DISTRICT
1. Minimum lot size: 2 Acres
2. Maximum density: Residential units at 6 to 12 units/ acre included
within the allowable lot coverage & F/A ratio of the district.
3. Parking requirements:
Residential units on first floor
Residential units on second floor
Non—residential use
Restaurant
2 spaces/unit
1 space/unit
1 space/200 sq ft gross floor area
1 space/100 sq ft gross floor area
Parking requirements are cumulative, not subject to the provisions of
Section 470.6, and supersede the requirements of Section 470.
4. Buffering: As required by the Planning Board to blend the project into the
surrounding development.
5. Signs: As deemed appropriate by the Planning Board for the type of project.
6. Architectural considerations: Proposed design must conform to, and be
compatible with a "village green" concept, blending residential units, shops &
offices and open space into an attractively landscaped suburban setting.
7. Compatibility w/ Surroundings: The proposed design shall be compatible with,
and relate to the existing surrounding uses in all major elements except scale.
8. Other conditions:
The Planning Board may approve a subdivision of the parcel into areas of
condominium ownership. Such approval shall be subject to normal subdivision
process, and shall include adequate provisions for ownership, operation and
maintenance of the common properties.
The Planning Board in acting upon the site plan shall take notice of
proposed widening of State, County or Town highways and adjust setbacks
accordingly.
Section:
446.201
1. Minimum lot size:
HIGHWAY DESIGN DISTRICT
5 Acres
2. Maximum density: As allowed by district regulations within the
allowable lot coverage & F/A ratio of the district.
3. Parking requirements:
Office use
Retail.use
Restaurant
1 space/300 sq ft gross floor area
1 space/100 sq ft gross floor area
1 space/100 sq ft gross floor area
Parking requirements are cumulative, subject to the provisions of
Section 470.6, and supersede the requirements of Section 470.
4. Buffering: As required by the Planning Board to blend the project into the
surrounding development.
5. Signs: As deemed appropriate by the Planning Board for the type of project.
6. Architectural considerations:
7. Compatibility w/ Surroundings:
8. Other conditions:
The Planning Board may approve a subdivision of the parcel into areas of
condominium ownership. Such approval shall be subject to normal subdivision
process, and shall include adequate provisions for ownership, operation and
maintenance of the common properties.
The Planning Board in acting upon the site plan shall take notice of
proposed widening of State, County or Town highways and adjust setbacks
accordingly.
w
Section: 446.501 PROFESSIONAL OFFICE USE IN RESIDENCE
STUDIO USE IN RESIDENCE
Use: Professional Office,use in residence by inhabitant thereof.
Studio use in residence by inhabitant thereof.
501.1 Minimum lot size: as allowed by district requlations
501.2 Maximum density: only one such use per lot allowed
501.3 Parking requirements: as set forth in Section 470
501.4 Buffering: as required to screen use from adjoining properties
501.5 Signs: only one per site, in accordance with Section 416
501.6 Architectural considerations: no basic change in the structure shall be
allowed.
501.7 Compatibility w/ Surroundings: as required by the Planning Board in site
plan review.
501.8 Other conditions:
a. Such office or studio is incidental to residential use of the
premises
b. Not more than two non-resident employees, associates, or assistants
are employed on the premises.
c. Parking areas and access drives should be located, designed or
screened so as to minimize disturbances to adjoining properties and
shall be subject to site plan review for such purposes.
d. No display of goods or signs or other evidence of such office or
studio is evident outside of the building, other than one sign as
allowed by Section 416.3.
Section 446.601 FARM USES
Use: Farm uses, nursery farm produce stand or greenhouse,
601.1 Minimum lot size: as required by district regulations
601.2 Maximum density: none
601.3 Parking requirements: as required by Section 470
601.4 Buffering:
601.5 Signs: as allowed by Section 416
601.6 Architectural considerations: none
601.7 Compatibility w/ Surroundings:
601.8 Other conditions:
a. NO STORAGE OF MANURE OR ANY OTHER ODOR OR DUST PRODUCING SUBSTANCE
SHALL BE PERMITTED WITHIN 100 FEET OF A STREET OR PROPERTY LINE, NOR
150 FEET OF A WATER COURSE OR WETLANDS AREA.
b. NO RETAIL SALES SHALL BE PERMITTED ON THE PREMISES except as
provided in SECTION 446.804.
c. NO MORE THAN THREE COMMERCIAL VEHICLES, STORED IN FULLY ENCLOSED
STRUCTURES, MAY BE KEPT ON THE PROPERTY.
d. NO LESS THAN TWO (2) ACRES OF LAND IS AVAILABLE FOR EACH ANIMAL.
e. ALL ANIMAL FEED IS STORED IN RODENT -PROOF CONTAINERS.
159
Section: 446.701 CONVERSION OF EXISTING DWELLING
Use: Conversion of existing dwelling, containing more than 3000 sq ft, build
prior to 1962, to two or multi -family use:
701.1 Minimum lot size: at least 40,000 sf
701.2 Maximum density: one dwelling unit for each 20,000 sf of lot area
701.3 Parking requirements: as required by Section 470
701.4 Buffering: as required by Planning Board
701.5 Signs: none
701.6 Architectural considerations: no change in outside appearance is allowed.
701.7 Compatibility w/ Surroundings: as required by Planning Board
701.8 Other conditions:
a. Each dwelling unit produced from such conversion shall contain at
least 800 square feet of usuable floor area.
b. The existing structure shall comply with all other requirements of
this ordinance.
4o
Section 446.801 PLACES OF WORSHIP
Use: Places of worship, including parish houses and religious schools
801.1 Minimum lot size:'2 acre
801.2 Maximum density: none
801.3 Parking requirements: as set forth in Section 470
801.4 Buffering: as set forth in section 415.22
801.5 Signs: as set forth in section 416
801.6 Architectural considerations:
801.7 Compatibility w/ Surroundings:
801.8 Other conditions:
Section 446.802 COLLEGES; SCHOOLS
Use: Colleges; private schools
802.1 Minimum lot size: 10 acre
802.2 Maximum density: 20 students/acre
802.3 Parking requirements: as set forth in Section 470
802.4 Buffering: as set forth in section 415.22
802.5 Signs: as set forth in section 416
802.6 Architectural considerations:
802.7 Compatibility w/ Surroundings:
802.8 Other conditions:
Section 446.803 LIBRARY; MUSEUMS
Use: Library; museums
803.1 Minimum lot size: 5 acre
803.2 Maximum density: 5000 sf/acre
803.3 Parking requirements: as set forth in Section 470
803.4 Buffering: as set forth in section 415.22
803.5 Signs: as set forth in section 416
803.6 Architectural considerations:
803.7 Compatibility w/ Surroundings:
803.8 Other conditions:
Section 446.804 TEMPORARY OUTDOOR USE
Use: Tempory outdoor stand/use
804.1 Minimum lot size: none
804.2 Maximum density: as determined by zoning admisistrator for the intended
use.
804.3 Parking requirements: as set forth in Section 470
804.4 Buffering: as set forth in section 415.22
804.5 Signs: as set forth in section 416
804.6 Architectural considerations:
804.7 Compatibility w/ Surroundings:
804.8 Other conditions:
permit issued by Zoning Administrator for the following period:
specific function not to exceed 25 days
seasonal permit not to exceed 99 days
Section 446.805
TEMPORARY HOUSING UNITS
Use: Temporary Housing Units (ECHO)
incidental to permitted main use
Definition: ECHO (Elderly Cottage Housing Opportunity) Unit - Separate, detached
or impermanently attached, temporary dwelling unit, containing its own cooking,
sanitary, and sleeping facilities, accessory to a one -family dwelling, for the
use of and occupied by not more than two elderly or disabled residents, one of
whom must be over 60 or unable to live independently because of mental or
physical illness or disability. A mobile home may not be used as an ECHO unit.
805.1 Minimum lot size: as required for permitted main use
805.2 Maximum density: one per required lot
805.3 Parking requirements: Adequate parking, for both the permitted main use
and occupants of the ECHO unit, shall be provided on-site, in accordance with
other provisions of this ordinance.
805.4 Buffering: as set forth in section 415.22
805.5 Signs: none allowed
805.6 Architectural considerations: The exterior of the ECHO unit shall be
compatible with principal residences in the neighborhood in terms of color,
siding, roof pitch, window detailing, and roofing materials. A separate outside
access to the ECHO unit must be provided.
805.7 Compatibility w/ Surroundings: The ECHO Unit shall be not less than 400
sq ft nor more than 900 sq ft. in area.It shall not exceed 12 ft nor one story
in height. The unit shall not be located in the front yard and shall conform to
all other bu lk regulations of the district.
805.8 Other conditions:
a) Dutchess County Health Department Approval of the additional use
must be obtained.
b) Construction of the units shall conform to all applicable laws,
regulations, codes and ordinances.
c) The unit shall be constructed so as to be readily removable, with
the lot restored to original condition. No permanent fence, wall or
structure should impede such removal.
d) The use shall terminate at the death or permanent change of
residence of the original occupant(s). The unit shall be removed and
the lot restored to original condition within ninty (90) days of such
termination.
In the event the unit is not removed by the end of such period, the
Town has the right to cause the unit to be removed and to charge back
such cost to the property owner.
/3
Section: 446.806 GUEST HOUSE; CARETAKER COTTAGE
Use: Guest house/caretaker cottage
806.1 Minimum lot size: 10 acres
806.2 Maximum density: one per estate
806.3 Parking requirements: as required by Section 470
806.4 Buffering: none
806.5 Signs: none
806.6 Architectural considerations: none
806.7 Compatibility w/ Surroundings: none
806.8 Other conditions:
a. Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
b. Each structure shall contain at least 800 square feet of usuable
floor area.
Section: 446.807 RECREATION CLUBS
Use: Private, community or fraternal recreation clubs
807.1 Minimum lot size: 2 acres
807.2 Maximum density: 50 memberships/acre
807.3 Parking requirements: as required by Section 470
807.4 Buffering: as required by Planning Board for the type of use proposed
807.5 Signs: In accordance with Section 416
807.6 Architectural considerations: none
807.7 Compatibility w/ Surroundings: As required by Planning Board
807.8 Other conditions:
none
ME
i
Section: 446.808 PRIVATE CAMPS
Use: Private camps for seasonal residents
808.1 Minimum lot size: 2 acres
808.2 Maximum density: 50 campers/acre
808.3 Parking requirements: as required by Section 470
808.4 Buffering: as required by Planning Board for the type of use proposed
808.5 Signs: In accordance with Section 416
808.6 Architectural considerations: none
808.7 Compatibility w/ Surroundings: As required by Planning Board
808.8 Other conditions:
none
Section: 446.809 NURSING HOME
Use: Nursing and/or convalescent home
809.1 Minimum lot size: 6 acres
809.2 Maximum density: 20 beds/acre
809.3 Parking requirements: as required by Section 470
809.4 Buffering: as required by Planning Board for the type of use proposed
809.5 Signs: In accordance with Section 416
809.6 Architectural considerations: none
809.7 Compatibility w/ Surroundings: As required by Planning Board
809.8 Other conditions:
Institutions for the mentally ill or facilities for the treatment of drug
or alcohol abuse are prohibited.
65
Section: 446.810 FUNERAL HOME
Use: Funeral home
810.1 Minimum lot size: 2 acres
810.2 Maximum density: none
810.3 Parking requirements: as required by Section 470
810.4 Buffering: as required by Planning Board for the type of use
proposed
810.5 Signs: In accordance with Section 416
810.6 Architectural considerations: none
810.7 Compatibility w/ Surroundings: As required by Planning Board
810.8 Other conditions:
a. Sufficient aisle and loading space shall be provided os -site to permit a
minimum of eight cars forming a procession.
b. Prior to the approval of a Special Use Permit, the Planning Board shall make
a finding that the existing road network is capable of handling the proposed
traffic.
c. An accessory dwelling unit for the manager or on-site custodian may be
allowed.
64
Section: 446.811 DAY CARE CENTER
Use: Day care center/day nursey
811.1 Minimum lot size: 2 acres
811.2 Maximum density: none
811.3 Parking requirements: as required by Section 470
811.4 Buffering: as required by Planning Board for the type of use proposed
811.5 Signs: In accordance with Section 416
811.6 Architectural considerations: none
811.7 Compatibility w/ Surroundings: As required by Planning Board
811.8 Other conditions:
a. Prior to the approval of a Special Use Permit, the Planning Board shall
make a finding that the existing road network is capable of handling the
proposed traffic.
b. An accessory dwelling unit for the manager or on-site custodian may be
allowed.
&7
I
Section: 446.812 MOTOR VEHICLE DEALERSHIP
Use: Motor Vehicle Dealership
812.1. Minimum lot size: 5 acres
812.2. Maximum density:
812.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 2 spaces for each 3 employees. Additionally, vehicles awaiting repairs
shall be located in an area that is screened from public view.
812.4. Buffering: In accordance with the requirements of the Planning Board.
812.5. Signs: in accordance with the provisions of Section 416.
812.6. Architectural considerations: Overhead garage doors, providing access to
maintenance and repair facilities shall not be located facing the street, and
shall be visually buffered from surrounding residential zones.
812.7. Compatibility w/ Surroundings: none
812.8. Other conditions: Storage/display of vehicles for sale shall not exceed
20/acre, and shall be confined to designated portions of the site. Display
vehicles shall not encroach on any yard setback, nor be located in any
designated landscaping/buffer area set forth on the approved site plan.
M
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Section: 446.813 LUMBER SUPPLY YARD
Use: Contractors Lumber Supply Yard/retail sales
813.1. Minimum lot size:'7 acres
813.2. Maximum density:
813.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 2 spaces for each 3 employees.
813.4. Buffering: In accordance with the requirements of the Planning Board
813.5. Signs: in accordance with the provisions of Section 416.
813.6. Architectural considerations:
813.7. Compatibility w/ Surroundings: none
813.8. Other conditions: Outdoor storage will be allowed provided such
storage/display areas is screened from the street and from residential areas.
Such storage/display area shall not encroach on any yard setback, nor be located
in any designated landscaping/buffer area set forth on the approved site plan.
t
Section: 446.814 MOTEL
Use: Motel
814.1. Minimum lot size:'3 acres
814.2. Maximum density: not more than 17 units/acre
814.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 3 spaces for each 2 units.
814.4. Buffering: In accordance with the requirements of the Planning Board
814.5. Signs: in accordance with the provisions of Section 416.
814.6. Architectural considerations:
814.7. Compatibility w/ Surroundings: none
814.8. Other conditions: Unit room shall be not less than 300 sq. ft. in area,
and shall contain a separate bathroom for each sleeping/living room.
7ig
Section: 446.815 USED AUTOMOBILE SALES
Use: Used Car / Automobile sales lot
815.1. Minimum lot size:`5 acres
815.2. Maximum density: 20 vehicles/acre.
815.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 2 spaces for each 3 employees. Additionally, vehicles awaiting
servicing/repairs shall be located in an enclosed area, screened from public
view.
815.4. Buffering: In accordance with the requirements of the Planning Board.
815.5. Signs: in accordance with the provisions of Section 416.
815.6. Architectural considerations: Overhead garage doors, providing access to
maintenance and repair facilities shall not be located facing the street, and
shall be visually buffered from surrounding residential zones.
815.7. Compatibility w/ Surroundings: none
815.8. Other conditions: Storage/display of vehicles for sale shall not exceed
20/acre, and shall be confined to designated portions of the site. Display
vehicles shall not encroach on any yard setback, nor be located in any
designated landscaping/bu ffer area set forth on the approved site plan.
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Section: 446.816 MOTOR VEHICLE REPAIR & SERVICE
Use: Motor Vehicle repair and/or service facility
816.1. Minimum lot size:'2 acres
816.2. Maximum density: as allowed by zoning district.
816.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 2 spaces for each 3 employees. Additionally, vehicles awaiting
servicing/repairs shall be located in an enclosed area, screened from public
view.
816.4. Buffering: In accordance with the requirements of the Planning Board.
816.5. Signs: in accordance with the provisions of Section 416.
816.6. Architectural considerations: Overhead garage doors, providing access to
maintenance and repair facilities shall not be located facing the street, and
shall be visually buffered from surrounding residential zones.
816.7. Compatibility w/ Surroundings: none
816.8. Other conditions: Storage of vehicles for repair shall not exceed
10/acre, and shall be confined to designated portions of the site. Partially
dismanteled vehicles shall not be stored in any yard setback, nor be located in
any designated lands caping/buffer area set forth on the approved site plan.
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Section: 446.817 KENNELS/ANIMAL HOSPITALS
Use: Outdoor Kennels and/or Animal Hospitals
817.1. Minimum lot size:'Kennels - 10 acres
Veterinary Clinics - 7 acres
817.2. Maximum density: as allowed by zoning district.
817.3. Parking requirements: 4 visitor spaces, having usuable access to a street
+ 2 spaces for each 3 employees.
817.4. Buffering: In accordance with the requirements of the Planning Board.
817.5. Signs: in accordance with the provisions of Section 416.
817.6. Architectural considerations:
817.7. Compatibility w/ Surroundings: none
817.8. Other conditions: Facilities with outdoor runs shall be centrally located
on the property to allow for adequate distance from the property line to reduce
the effect of the barking animals. Planning Board shall determine proper amount
of noise and odor control, garbarge and cadaver disposal as part of the permit.
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Section: 446.818 PRINTING FACILITIES
Use: Printing Plants, Printing & publication Facilities
818.1. Minimum lot size:'2 acres
818.2. Maximum density: as allowed by zoning district.
818.3. Parking requirements: 10 visitor spaces, having usuable access to a
street + 2 spaces for each 3 employees.
818.4. Buffering: In accordance with the requirements of the Planning Board.
818.5. Signs: in accordance with the provisions of Section 416.
818.6. Architectural considerations:
818.7. Compatibility w/ Surroundings: none
818.8. Other conditions:
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Section: 446.819 FAMILY DAY CARE HOME
Use: Day care in existing residential structure
811.1 Minimum lot size: as set forth in district
811.2 Maximum density: 6 children, including providor's children
811.3 Parking requirements: as required by Section 470
811.4 Buffering: as required by Planning Board for the type of use proposed
811.5 Signs: none
811.6 Architectural considerations: none
811.7 Compatibility w/ Surroundings: As required by Planning Board
811.8 Other conditions:
a. Prior to the approval of a Special Use Permit, the Planning Board shall
make a finding that the existing road network is capable of handling the
proposed traffic.
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503. Violations and Penalties
A violation of this Ordinance is hereby declared to be an
offense, punishable by a fine not exceeding three hundred and
fifty dollars ($350) or imprisonment for a period not to exceed
six (6) months or both, for conviction of a first offense; for
conviction of a second offense, both of which were committed
within a five year period, punishable by a fine not less than
three hundred fifty dollars ($?50) nor more than seven hundred
dollars ($700) or imprisonment for a period not to exceed six (6)
months or both; and upon conviction of a third or subsequent
offense all of which were committed within a five year period,
punishable by a fine not less than sever hundred dollars ($700)
nor more than one thousand dollars ($1,000) or imprisonment for a
period not to exceed six (6) months or both. Such violation to be
prosecuted and such penalties collected in the manner prescribed
by law or ordinance effective in the Town. Each week's continued
violation shall constitute a separate additional violation.
Nothing herein contained shall in any way limit or affect the
penalties, both civil and criminal, provided for in any ordinance
enacted and in effect pursuant to Section 130, Subdivision 15 and
23 of the Town Law.
The owner or owners of any building or premises or part
thereof where anything in violation of this Ordinance shall
be placed or shall exist, any lessee, architect, builder,
contractor, agent, person or corporation commission of any
such violation, shall each be guilty of a separate offense,
and upon conviction thereof shall be fined or imprisoned as
herein provided.
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514.1 Interpretations
On appeal from an order, requirement, decision or
determination made by an administrative official, or on request
from any official or agency of the town, the Board of Appeals is
authorized to decide any question involving the interpretation of
any provision of this Ordinance, including determination of the
exact reference to the rules specified in Section 320.
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