2013-1812013-181
Resolution Introducing Local Law_ 2013 Which Would Amend Chapter 240 Zoning, of
the Town Code with Respect to a Variety of Planning and Zoning Matters
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on July 8,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 240, Zoning, of the Town Code with respect to a variety of
planning and zoning matters; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and
statements set forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law _ of 2013 in the form
annexed hereto; except as specifically modified by the amendments contained
therein, the Town Code as originally adopted and amended from time to time
thereafter is to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
3. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law _ of 2013 for 7:30 PM on the 26th day of
August, 2013 and the Town Clerk is hereby directed to publish notice thereof
in the Town's official newspapers not less than ten (10) days prior to said
public hearing date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law,
and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with
Section 239 of the General Municipal Law; and
c. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
7/8/2013
The Resolution is hereby duly declared adopted.
Z% CJX-~
HRISTINE FULTON, TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Fili
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No.
of the year 2013
A local law entitled "Local Law # of 2013 for the purpose of amending~Chapter 240,
Zoning of the Town Code with respect to a vaxiet~of planning and zoning
matters."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number
each.)
LOCAL LAW # OF THE YEAR 2013
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law #_ of 2013, for the purpose of
amending Chapter 240, Zoning, of the Town Code with respect to a variety of planning
and zoning matters."
Section 2: Legislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code
with respect to a variety of planning and zoning matters.
Section 3: Code Amendments -Chapter 240, Zonin
1. The following definitions in Section 240-5 shall be revised to read as follows:
BUILDING, ACCESSORY
A building which is subordinate to the principal building on the lot and used for
purposes customarily incidental to that of the principal building. Accessory
buildings shall include but not be limited to barns, garages, sheds, huts, garage- or
shed-like tents, etc. Where an accessory building is attached to the principal
building in a substantial manner, as by a common wall or roof, such accessory
building shall be considered part of the principal building. An accessory building
connected to the principal building by an open or enclosed breezeway shall not be
considered part of the principal building.
HOME OCCUPATION
The performance of a service for gain, which is conducted entirely within a
dwelling unit or an accessory building meeting all applicable setback
requirements, by the residents or owners thereof, which use is clearly incidental
and secondary to the use of the dwelling unit for residential purposes and does not
change the character thereof, which does not have any exterior evidence of such
accessory use other than a permitted nameplate and which does not involve the
keeping of stock in trade. A home occupation shall be limited to one employee,
excluding the owner. A home occupation shall expressly be deemed to not include
the sale of goods, products, equipment or materials, of every kind, nature or
description (e.g., the sale of motor vehicles), or the conduct of a clinic, hospital,
2
tearoom, boardinghouse, animal hospital, commercial kennel, convalescent home
or funeral home.
SIGN
Any structure or part thereof or any device attached thereto or painted thereon or
any material or thing, illuminated or otherwise, which displays or includes any
numeral, letter, work, model, banner, emblem, light, device, trademark or other
representation used as an announcement, designation, direction, display or
advertisement of any person, firm, group, organization, commodity, service,
profession or enterprise when placed in such manner that it provides visual
communication to the general public out-of-doors, but not including the
following:
A. Signs maintained or required to be maintained by law or governmental
order.
B. The flag or insignia of any government or governmental agency.
C. The flag of any civic, political, charitable, religious, fraternal or similar
organization, which is hung on a flagpole or mast.
D. Signs promoting a candidate or issue for election. Said signs shall not be
erected or posted more than 30 days prior to the election and shall be
removed no later than 10 days after the election by the owner of the
property where the sign is located or by the promoter of the candidate or
issue. In the event signs are not displayed or removed in accordance with
this section, any costs incurred by the Town to remove the signs shall be
charged to the candidate.
E. Religious or other seasonal holiday decorations which do not contain
com~.nercial lettering, wording, designs, symbols or other devices.
2. The following new definition shall be added to Section 240-5 in its proper
alphabetical order:
PET DAYCARE
An establishment for the care or boarding of pets for remuneration.
3. Anew Section 240-29G shall be added and shall read as follows:
G. Dated event. Any sign which promotes a dated event, the date of which has
past, shall be removed within 3 days after the event by the owner of the
property where the sign is located or by the promoter of the event.
3
4. Section 240-30B shall be revised to read as follows:
B. No more than two accessory buildings shall be permitted in any 1-Family
Residence District. No such accessory building shall have a footprint
greater than 600 square feet nor a height in excess of 20 feet.
5. Under the heading "Farm- and Animal-Related" in the Schedule of Use
Regulations, Residential Districts referenced in Section 240-37, the following
use shall be revised to read as follows:
Veterinarian offices, pet daycare and commercial kennels (§ 240-71)
6. Under the heading "Home Businesses" in the Schedule of Use Regulations,
Residential Districts referenced in Section 240-37, the following new use shall
be added as a Special Permit Use (SPU) in the 1-Family Residence Districts:
Professional office and professional studio uses in a residence (§ 240-54).
7. Under the heading "Medical" in the Schedule of Use Regulations,
Nonresidential Districts referenced in Section 240-37, the following uses shall
be revised to read as follows:
Veterinarian offices, pet daycare and commercial kennels without any outdoor
runs (§ 240-71)
Veterinarian offices, pet daycare and commercial kennels, with outdoor runs (§
240-71)
8. Under the heading "Service" in the Schedule of Use Regulations,
Nonresidential Districts referenced in Section 240-37, the following new use
shall be added as a Permitted Principal Use (PP) in the Highway Business
(HB), General Business (GB), Conservation Commercial (CC), and Highway
Design (HD) zoning districts:
Pet grooming
9. Under the heading "Automotive" in the Schedule of Use Regulations,
Nonresidential Districts referenced in Section 240-37, the following use shall
be revised to read as follows:
Motor vehicle towing, repair and service (§ 240-70)
4
10. Section 240-60 shall be amended to read as follows:
§ 240-60 Temporary housing units (such as ECHO) incidental to permitted
principal use.
A. A temporary housing unit or an elderly cottage housing opportunity
(ECHO) consists of a separate, detached or impermanently attached,
temporary dwelling unit, containing its own cooking, sanitary and sleeping
facilities, accessory and incidental to a one-family dwelling. Such
temporary housing unit shall be only for the use of and occupancy by not
more than two residents, one of whom must be over 65 years of age and
unable to live independently because of mental or physical illness or
disability. Clear and convincing proof of compliance with the age
requirement, and proof of illness or disability certified by a physician
licensed to practice medicine in New York State must be submitted to the
Town.
B. One temporary housing or ECHO unit shall be permitted on a lot which
meets the minimum dimensional requirements of the district in which it is
located. Notwithstanding the above, the minimum lot size on which a
temporary housing or ECHO unit may be located shall be 20,000 square
feet.
C. The exterior of the temporary housing or 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 temporary housing or ECHO unit must be provided.
D. The temporary housing or ECHO unit shall be not less than 250 square feet
nor more than 500 square feet in gross floor area. It shall not exceed 15 feet
nor one story in height. The unit shall not be located in the front yard and
shall conform to all other setbacks and dimensional requirements for a
principal dwelling of the district in which it is located.
E. Dutchess County Health Department approval of the additional use must be
obtained.
F. Construction of the temporary housing or ECHO unit shall conform to all
applicable laws, regulations, codes and ordinances.
G. The temporary housing or ECHO unit shall be constructed so as to be
readily removable, so that the lot can readily be restored to its prior
5
condition. No permanent fence, wall or structure which would impede such
removal shall be permitted.
H. The use shall terminate at the death or permanent change of residence of the
original occupant(s) of the ECHO unit. The unit shall be removed and the
lot shall be restored to its prior condition within 90 days of such
termination. In the event that 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 directly or in the form of a lien on the
property.
11. Section 240-70 shall be revised to read as follows:
§ 240-70 Motor vehicle towing, repair and service.
A. The minimum lot area shall be two acres.
B. Ten visitor parking spaces, plus two spaces for each three employees, shall
be provided. Towed vehicles and vehicles awaiting servicing/repairs shall
be located in an enclosed area and only in a side yard or rear yard, unless
waived by the Planning Board.
C. Towed vehicles and vehicles for repair or service shall be parked or stored
on those portions of the site designated for such storage or parking as
shown on the approved site plan. Partially dismantled vehicles shall not be
stored in any required yard setback nor be located in any buffer strip
required by this chapter, except where the Planning Board determines that
an adequate buffer will be provided to protect adjacent properties and uses
and that the appearance of such storage will not result in adverse visual
impact.
D. No outdoor sales or display of vehicles for sale shall be permitted.
E. All automobile parts or similar articles shall be stored within a building. All
repair and service work, including car washing, but excluding emergency
service and the sale of fuel and lubricants, shall be conducted entirely
within either a building or, where deemed appropriate by the Planning
Board due to such factors as the size of the property involved and/or its
location, shall be conducted entirely within afenced-in area in which such
work is visually screened from all adjoining properties and roadways.
F. The lot on which the subject use is located shall not be permitted within
200 feet of lots containing places of worship or schools.
6
G. Use of a building for any residence or sleeping quarters shall not be
permitted.
12. Section 240-71 shall be revised to read as follows:
§ 240-71 Veterinarian offices, pet daycare and commercial kennels.
A. In residential districts, the minimum lot area shall be seven acres for
veterinarian offices, and shall be 10 acres for pet daycare, commercial
kennels or any facilities with outdoor runs. In nonresidential districts, the
minimum lot area shall be two acres for any facilities with outdoor runs.
B. All facilities shall be centrally located on the property to allow for adequate
distance from the property line to reduce the effect of barking animals.
C. The Planning Board may impose such conditions as it deems necessary to
avoid or minimize traffic, noise and odor impacts and impairment of the
use, enjoyment and value of property in the area.
D. For veterinarian offices, pet daycare and commercial kennels located within
a residential district, one non-illuminated freestanding identification sign,
not to exceed two sides of six square feet in area per side, shall be
permitted. The appearance, size and location of the sign shall be subject to
the approval of the Planning Board.
E. The lot and structures shall conform to the dimensional requirements of the
district in which the properly is located.
13. Anew Section 240-73Q shall be added and shall read as follows:
Q. Abed-and-breakfast establishment may be located on property used for
agricultural purposes.
14. Section 240-96A shall be revised to read as follows:
A. Location. Required parking and loading spaces shall be provided upon the
wine lot as the use or structure to which they are accessory, except that off-
street parking spaces required for structures or land uses on two or more
adjacent lots may be provided in a single common facility on one or more
of said lots, provided that a legal instrument, satisfactory to the Town
Attorney, assures the continued existence of the parking facility to serve
said structure or land uses as long as they may exist. Such agreements shall
7
also guarantee that upon the termination of such joint use, each subsequent
use of the premises will provide off-street parking facilities for its own use
in accordance with all requirements of this article. Also, the Planning Board
may permit all or part of the required off-street parking spaces to be located
on any lot within 200 feet of the building if the Board determines it is
unpractical to provide parking on the same lot with the building. In no
event shall such parking and loading spaces for a nonresidential use be
located in any residence district. Parking structures shall comply with all
height, setback and coverage requirements for principal buildings in the
district in which they are located. At the discretion of the approval
authority, 50% of the areas immediately adjacent to gasoline pumps may be
deemed to be required parking spaces.
15. Anew Section 240-96H shall be added and shall read as follows:
H. In any 1-Family Residence District, no parking shall be permitted between
the front lot line and the principal building line, except on a driveway.
16. Footnotes 3 and 4 on the Schedule of Dimensional Regulations, Residential
Districts referenced in Section 240-37 shall be revised to read as follows:
s Notwithstanding the minimum side and rear yard setbacks set forth in this
schedule, the minimum side and rear yard setbacks shall be six feet for all
accessory buildings as defined in this chapter less than 100 square feet in area. No
more than two accessory buildings shall be permitted in any 1-Family Residence
District. No such accessory building shall have a footprint greater than 600 square
feet nor a height in excess of 20 feet. The minimum side and rear yard setbacks for
any shed with electric service shall be 10 feet. See Section 240-16.1, Shed
amnesty, for sheds constructed prior to January 1, 1997 and registered prior to
December 31, 2003.
a These dimensional requirements pertain only to lots created for one-family
detached dwellings.
17. In Section 240-6, and in the Schedule of Use Regulations, Residential Districts
referenced in Section 240-37, and in the Schedule of Dimensional Regulations,
Residential Districts referenced in Section 240-37, all references to the 2-
Family Residence District (R-2F) shall be deleted.
18. In Section 240-6, and in the Schedule of Use Regulations, Nonresidential
Districts referenced in Section 240-37, and in the Schedule of Dimensional
Regulations, Nonresidential Districts referenced in Section 240-37, all
references to the Highway Office (HO) District shall be deleted.
8
Section 4: Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 5: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub-sections of this Local Law may be re-numbered or re-lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 6: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law would have been adopted if such
illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part
had not been included therein, and if such person or circumstance to which the Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\CodeAmendmts2013\zoning amends 6-30-13 clean.dhs.doc
9