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2013-1872013-187 Adopting Local Law 13 of 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 September 9, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz. WHEREAS, the Town Board is considering the adoption of Local Law 13 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 adopts Local Law 13 of 2013; 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. 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 9/9/2013 The Resolution is hereby duly~eclared adopted. FULTON, DEPUTY TOWN 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, Zoning 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 builduig 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; 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 commmercial 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 follov-~s: G. Dated event. Any sign which promotes a dated event, the date of which has past, shall be removed within 3 da}~s 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 lcennels (§ 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 snore 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 yar. d 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 laves, regulations, codes and ordinances. G. The temporar~~ 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 similax 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 «~hich such work is visually screened from all adjoining properties and roadwa}'s. 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 property 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 same 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 facilit~~ 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 ma}~ 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 impractical 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-Faxnily 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 a.~nnesty, 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. s 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. ,i:1DOCS2\500\Wappinger\CodeAmendrnts2013\zoning amends 6-30-13 clean.dhs.doc 9