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Planning Board Public Hearing - PB 6-11, Zoning Amendment (Outdoor Sales & Display)

Release Date: August 22, 2011

PUBLIC HEARING NOTICE

            PLEASE TAKE NOTICE that the PLANNING BOARD of the TOWN OF CORTLANDT will conduct a Public Hearing pursuant on a referral form the Town Board requesting a recommendation for proposed changes to Chapter 307 (Zoning) for new language to regulate the Outdoor Sale and Display of Merchandise as follows:

SECTION I               LEGISLATIVE INTENT

The Town Board recognizes that it has been customary with respect to sales in certain businesses to display goods on the exterior of the premises. Additionally with respect to smaller merchants the outdoor display of merchandise is used as a method of attracting customers into their stores to peruse other merchandise. This would also include ice machines, propane exchange stations and other customary exterior equipment and displays.   It is for this reason that the Town Board does hereby enact this Local Law. 

To achieve these goals the following standards and conditions apply:

SECTION II              STANDARDS AND CONDITIONS

  1. Outdoor display of merchandise shall be limited to those retail centers of twenty thousand square feet (20,000 sf) or less.
  2. The outdoor display of merchandise shall not exceed ten percent (10%) of the gross area available within the retail establishment.
  3. If the gross area of the retail center exceeds twenty thousand square feet (20,000 sf) then this permit shall be available to individual stores, within the center which are less than twenty five hundred square feet (2,500 sf).
  4. The outdoor display of merchandise shall be limited to the time period of April 1st through November 1st.

  1. Only merchandise sold by a tenant or owner of the retail premises shall be permitted to display their merchandise for sale on the exterior of the premises.
  2. This permit would be available for overstock sales, end of season sales and liquidation sales.
  3. No parking space shall be eliminated by the outdoor display of merchandise.
  4. That the outdoor display of merchandise shall not impede pedestrian sidewalks, walkways or any other area as determined by the Director of Technical Services to be necessary for the proper and safe operation of the shopping area.
  5. The Director of Technical Services in his sole discretion may refer the applicant for this permit to the Planning Board for a review by the Planning Board without public hearing as to the granting of a permit.
  6. The Town Fire Inspector shall review and approve the storage area to determine that it does not block fire or emergency access to the premises.

            Said Public Hearing will be held on Wednesday September 7, 2011 at 7:00 P.M., or as soon thereafter as possible, in the Vincent F. Nyberg Meeting Room at Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York, to receive public comments and input.

            Anyone interested in addressing comments on the above to the Planning Board may do so by appearing in person at the above time and place or by submitting their written comments to the Cortlandt Planning Office by the close of business on September 7, 2011.

PLANNING BOARD
TOWN OF CORTLANDT
LORETTA TAYLOR, CHAIRPERSON

AUGUST 16, 2011
PB 6-11