LOCAL LAW NO. 5 OF 2020 OF THE
INCORPORATED TOWN OF ORANGETOWN, NEW YORK
TOWN BOARD TO AMEND CHAPTER 43 OF THE TOWN CODE TO PROVIDE FOR A SPECIAL PERMIT FOR TEMPORARY OUTDOOR STORAGE OF VEHICLES
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ORANGETOWN AS FOLLOWS:
Section 1.
As amended, Additions are underlined, Deletions are stricken. Article IV of Chapter 43 of the Town Code is amended as follows:
Article IV Special permit uses; special findings and additional requirements and conditions for certain uses.
- 4.32 (Q) Temporary outdoor storage of vehicles
- Lots that are a size of 20 acres or more and located in the LI, LIO, LO and OP districts may apply for and receive authorization for a special permit to utilize existing excess parking spots for the temporary outdoor storage of wholesale vehicles intended for retail sales, notwithstanding the parking requirements for uses at the property, under the following terms and conditions:
- Notwithstanding anything to the contrary contained in §4.31, the Planning Board shall have jurisdiction to issue any special permit authorized by this section. Applicants must provide an update to a previously approved site plan and delineate the existing parking spaces intended for the storage and parking of vehicles.
- No additional parking spaces may be constructed, including spaces that may have been previously approved but not constructed. No additional impervious coverage is permitted.
- Parking calculations must be provided to demonstrate that existing conditions at the property are such that there is sufficient parking for the uses in existence at that property at the time of the application and for the duration of any permit issued hereunder. The Planning Board may consider that required parking provided for in the Code may be more than is necessary for existing tenants or potential tenants.
- Only new wholesale vehicles intended for retail sales are permitted to be stored under this special permit. All vehicles must be mechanically operational and parked in existing designated parking spaces. No parking or storage of junk or
used vehicles is permitted. The number of vehicles stored at any one time pursuant to a special permit issued hereunder shall be no more than fifty percent (50%) of the parking capacity for the entire property or one thousand (1,000) vehicles, whichever is less. Additionally, the applicant must demonstrate sufficient parking for all existing occupancies at the property, and any future changes in occupancies impacting parking will require review and approval by the Planning Board.
- Properties eligible for a special permit under this section must be a minimum of five hundred feet (500’) from any residential property. The proposed areas for parking of vehicles within the property must be at least two hundred (200) feet from residential lot lines.
- Any incoming or outgoing delivery of vehicles, including loading or unloading of vehicles, must be conducted solely on the subject property and any areas for the loading or unloading of vehicles must be shown on the site plan. Incoming and outgoing deliveries, and loading and unloading of vehicles, is permitted Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. only.
- Permits issued under this section shall authorize storage of vehicles for a period of one year from the date of issuance, with a one-time renewal at the discretion of the Planning Board for a period of an additional year. No further special permits under this section may be authorized for the same property, regardless of a change in ownership, until the expiration of one year from the expiration date of the most recent permit and any renewal thereof. No property may receive more than three special permits as authorized by this section over a 10 year period, measured from the date of issuance of the first special permit authorizing same, whether the special permit was extended or not. This provision shall be measured from the issuance of the first special permit issued in any 10 year period and every 10 years thereafter. The provisions of this section are intended to be temporary, and unless this section is renewed by the Town Board, no permits or renewals shall be issued under this section on or after January 1, 2023.
- The Planning Board shall have the right to revoke or deny any special permit authorized pursuant to this section upon a finding that a change in occupancy of any building at the premises will result in the necessity to reduce or eliminate authorization to store vehicles pursuant to this section. The permit holder shall have a right to a hearing before the Planning Board prior to any revocation.
- Any violation of the terms of a special permit issued pursuant to this section shall be a violation of this section subject to penalty in accordance with Chapter 41A of the Orangetown Code.
Section 2. Severability Clause
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law that can be given effect without such invalid parts.
Section 3. Effective Date.
This Local Law shall become effective immediately upon being filed with the Secretary of State.