1995-12-08
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FREDERICK P. CLARK ASSOCIATES, INC.
PI anning /Development/ Envi ronme nt/Transportation
Rye, New York and Southport, Connecticut
David J. Portman, A/CP
Howard I. Reynolds, PE
David H. Stolman, A/CP
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540
Michael A. Galante
Joanne P Meder, A/CP
MEMORANDUM
To:
Supervisor Constance O. Smith and the
Town of Wappinger Town Board
Date:
December 8, 1995
Subject:
Change of Use Procedures
As requested, attached for your information is a change of use guide which we prepared for
the Building and Zoning Departments this past May.
The guide defines a "change of use" essentially as a change from one use to another as listed
in the Schedules of Use Regulations. For example, a change from a retail store to a craft
studio would qualify as a "change of use" since each use is listed separately in the Schedule
of Use Regulations. A change from one retail use to another would be a change of tenancy,
but not a change of use.
Site Plan Approval is required for all changes of use for single-tenanted and single-use non-
residential buildings. Site Plan Approval may not be required for a change of use in multi-
tenanted buildings, provided the new use is covered by the prior approval(s). These issues
are spelled out more precisely in the attachment. Ultimately, this matter should be clarified
by way of an amendment to the Zoning Law.
I hope this memorandum and the attached procedural guide will help resolve the confusion
regarding when Site Plan Approval is required.
Attachment
Daniel K. Wery, AICP
Associate /Planning
cc: Albert P. Roberts, Esq.
Joseph E. Paggi, Jr., PE
Donald A. Close, Zoning Administrator
Donald Keller, Building Inspector
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Connecticut. (203) 255-3100
FAX. (914) 967-6615
Long Island · (516) 364-4544
TOWN OF WAPPINGER
BUILDING AND ZONING DEPARTMENTS
CHANGE OF USE PROCEDURE
A "change of use" is a change in the tenancy or use of a building,
structure or premises, or portion thereof, where said proposed
tenant or use would change to or add a different use listed in the
Schedules of Use Regulations of the Zoning Law.
1. All applications for a Building Permit or a Certificate of
Occupancy involving a change of use shall be referred to the-
Zoning Administrator prior to issuance.
2. The Zoning Administrator shall review all such applications
for:
a. Conformance with the requirements of the Zoning Law; and
b. Compliance with the site plan and the conditions of site
plan and/or special permit approval.
3. Where a change of use is determined to be in conformance with
the requirements of the Zoning Law and in compliance with the
approved site plan and all of the conditions of site plan
and/or special permit approval, the Zoning Administrator
shall:
a. Notify the Building Inspector to proceed with the
processing of the application for a Building Permit or
certificate of Occupancy;
b. Record' such determination in the appropriate application
file; and
c. Report such determination to the Planning Board at its
next regularly scheduled meeting.
4. Where a change of use is determined not to be in conformance
with the requirements of the Zoning Law and/or not in
compliance with the site plan or the conditions of site plan
and/or special permit approval, the Zoning Administrator
shall:
a. Notify and inform the applicant of the conformance and
compliance issues;
b. Recommend application for the appropriate approval(s) if
such conformance and compliance issues cannot be
resolved;
c. Notify the Building Inspector to withhold the issuance of
the Building Permit or Certificate of Occupancy until
further notice;
d. Record such determination in the appropriate application
file; and
e. Report such determination to the Planning Board at its
next regularly scheduled meeting.
5. In single-tenanted or single-use buildings, structures,
premises and developments, all changes of use shall require
site plan (and possibly special permit) approval by the
Planning Board pursuant to Section 450 of the Zoning Law prior
to the issuance of a Building Permit or Certificate of
Occupancy.
6. In mUlti-tenanted or mixed -use buildings, structures, premises
and developments, site plan (and possibly special permit)
approval shall be required where the change of use would:
a. Require modification to the site;'
b. Increase a dimensional requirement beyond that which
exists on the site, on the site plan or in the Zoning
Law;
c. Require special permit approval; or
d. Conflict with any of the conditions of site Plan and/or
Special Permit approval.
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'AII changes to a non-residential site, whether in connection
with a change of use or otherwise, shall require site plan (and
possibly special permit) approval.