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Local Law 3 2017 re Antique Auto Restoration 2017-05-18NEW YORK STATE DEPARTMENT OF STATE Revised Draft: 4-26-17 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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. 3 of the year 2017 A local law entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Adding New Principal and Accessory Uses and New Supplementary Special Permit Use Regulations Regarding the Restoration and Sale of Antique Passenger Motor Vehicles." 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 No. 3 OF THE YEAR 2017 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 No. 3 of 2017, for the purpose of amending Chapter 240, Zoning, of the Town Code by Adding New Principal and Accessory Uses and New Supplementary Special Permit Use Regulations Regarding the Restoration and Sale of Antique Passenger Motor Vehicles." 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 the restoration and sale of antique passenger motor vehicles. The Town Board acknowledges that restoration of antique passenger motor vehicles is a unique, highly specialized business, requiring highly technical skills, craftsmanship and artisanship. It is not deemed to be an automotive repair shop as commonly understood nor is it deemed to be an automotive car dealership (used or new) requiring weekly or daily sales as its primary business. It is deemed a unique craft requiring unique regulations and controls. Section 3: Amendments to the Text of Chapter 240, Zoning 1. In the Schedule of Use Regulations — Nonresidential Districts referenced in Section 240-37: Shall be revised by the addition of new uses under the Use Heading "Automotive": Use Districts Automotive HB HM NB GB CC SC HD COP Al PUD Restoration of Antique Passenger SPU SPU SPU Motor Vehicles (§ 240-70.1) Sales of Antique Passenger Motor SPU SPU SPU Vehicles as accessory use in connection with the restoration of antique passenger motor vehicles (§ 240-70.1) 2 2. In Article VIII "Supplementary Special Permit Use Regulations", a new section of Supplementary Special Permit Use Regulations entitled "Restoration of Antique Passenger Motor Vehicles" is hereby adopted and to be included in the Code as Section 240-70.1 as follows: "§ 240-70.1 Restoration of Antique Passenger Motor Vehicles. A. The use may only be permitted on a lot containing four or more acres. B. The lot in which the subject use is located shall not be permitted within 200 feet of lots containing places of worship or schools. C. No portion of the building in which a restoration or rehabilitation occurs shall be used as a residence or sleeping quarters. D. There shall be a minimum of five visitor parking spaces plus one space for each employee. E. Antique vehicles awaiting restoration shall be located within a building or within an outdoor storage area except that, the planning board may permit the parking of up to fourteen antique passenger motor vehicles in an approved parking lot so long as such vehicles are duly registered, in good repair and the automotive body physically appears to be in operating condition. Such vehicles shall not have missing body parts and shall not be covered with tarps or other coverings. F. Any outdoor storage area associated with the use shall be: 1. located within the side or rear yard, 2. comply with the setback requirements for the zoning district, 3. securely fenced, and 4. screened in accordance with the provisions of §240-25(D). G. No more than eighteen (18) antique passenger motor vehicles may be stored in all the outdoor storage areas on the lot. H. A maximum of four pads for display of fully restored antique vehicles are permitted on the lot. 3 All restoration, rehabilitation, painting and related work, including car washing, of such antique passenger motor vehicles, shall be conducted within a building. J. There shall be no outdoor repairs, painting or storage of materials, parts, equipment of any kind or nature whatsoever, except as provided above. K. The sale of a Passenger Motor Vehicles may be permitted as an accessory use in connection with the restoration of antique passenger motor vehicles provided that no more than seven (7) antique passenger motor vehicles are sold in a single year." 3. The following new definition shall be added to Section 240-5: ANTIQUE PASSENGER MOTOR VEHICLE — A passenger motor vehicle which is a minimum of 40 years of age, and having a curb weight of not more than 6,000 pounds. RESTORATION OF ANTIQUE PASSENGER MOTOR VEHICLES shall include the repair, reconstruction, painting, refurbishing and/or rehabilitation of an antique passenger motor vehicle to restore the vehicle as close as practicable to its original condition. 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. 2 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. 5