LL #14-2013NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(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.
❑ County
❑ City of Wappinger
0 Town
❑ Village
Local Law No. 14 of the year 20 13
A local law entitled "Local Law #14 of 2013, for the Purpose of Amending Chapter 240, Zoning, of the
(Insert Title)
Town Code with Respect to Boardinghouses and Rooming Houses."
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of Wappinger
0 Town
❑ Village
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as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
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 Boardinghouses and
Rooming Houses."
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 boardinghouses and rooming houses.
Section 3: Zoning Chapter Amendments
1. The following definition in Section 240-5 shall be revised to read as follows:
BOARDINGHOUSE
A building or portion thereof containing three or more sleeping rooms or
efficiency units that are occupied on a nontransient basis for compensation,
whether the compensation is paid directly or indirectly. Notwithstanding the
above, a boardinghouse shall be permitted to have one one -bedroom dwelling
unit for the caretaker of the premises. The term "boardinghouse" shall be
deemed to include rooming house, but not bed -and -breakfast establishment,
inn, motel, hotel, halfway house or multifamily dwelling.
2. The following new definition shall be added to Section 240-5 in its proper
alphabetical order and shall read as follows:
EFFICIENCY UNIT
A small dwelling unit, usually consisting of a single room and a bathroom,
within a boardinghouse or multifamily dwelling.
3. In the Schedule of Use Regulations, Nonresidential Districts, the following
new use shall be added as a Special Permit Use (SPU) in the Highway
Business (HB) zoning district:
Boardinghouse or rooming house (§ 240-81.5)
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4. A new Section 240-81.5 shall be added and shall read as follows:
§ 240-81.5 Boardinghouse or rooming house.
A boardinghouse or rooming house shall be subject to the following standards or
restrictions:
A. The boardinghouse shall contain a total of not more than 16,000 square feet
of gross floor area.
B. The minimum area of the lot in the Highway Business (HB) zoning district
shall be one acre.
C. Efficiency units and dwelling units may have a full kitchen consisting of a
sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to
having only a small refrigerator and a microwave. In approving any special
permit for a boardinghouse, the site plan shall specifically indicate the
approved numbers and locations of sleeping rooms, efficiencies, one -
bedroom dwelling unit, kitchen elements, etc.
D. There shall be no more than one sleeping room or efficiency unit for each
1,500 square feet of lot area in the HB zoning district. Notwithstanding the
above, one one -bedroom dwelling unit for the caretaker of the
boardinghouse may be substituted for a sleeping room or efficiency unit.
E. Each sleeping room or efficiency unit shall contain at least 145 square feet
of gross floor area including a bathroom.
F. Dutchess County Health Department approval of the water and sewer
services shall be required prior to the issuance of any permit.
G. Parking shall be provided as set forth in Article X and as required by the
Planning Board. The Board may require additional landscaping or
screening to buffer parking areas from adjacent uses.
5. Section 240-61 shall be revised to read as follows:
§ 240-61. Guest cottages and caretaker dwellings.
A guest cottage or caretaker dwelling shall be subject to the following standards or
restrictions:
A. The minimum lot area shall be 10 acres.
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B. Not more than one guest cottage or caretaker dwelling shall be permitted
per lot.
C. Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
D. Each structure shall contain at least 800 square feet of usable floor area.
However, no such structure shall contain in excess of 60% of the gross
floor area of the principal dwelling or 1,800 square feet, whichever is less.
6. In the Schedule of Use Regulations, Residential Districts, the following use
shall be revised to read as follows:
Guest cottages and caretaker dwellings (§ 240-61)
7. In Section 240-97.13 the following parking standard shall be revised to read as
follows:
Rooming house or 1 for each dwelling unit, efficiency unit or
boardinghouse sleeping room
Section 4: Ratification, Readoution and Confirmation
Except as specifically modified by the amendmdnts 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.
C!
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\boardinghouse amends 10-28-13 clean.dhs.doc
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 13 of
the JQWJhVV0Wown)(VXW of Wappinger was duly passed by the
Town Board on November 12-20 13 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 -and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 , and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was fin Ily adopt in th manner indicated in
paragraph 1 ,above. �.
A
Clerk ofthZ oftcounty le ' ative. ody, City, Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: fl— A I — 13
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts -Town Attorney
Title
Wappinger
Date:
DOS -239 (Rev. 05/05) Page 3 of 3